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Commenting/Objecting to a Planning Application
The planning system plays an important role in our society by helping to make the best use of our resources and protecting the environment and heritage of our towns, cities an countryside, whilst ensuring that necessary and worthwhile development can proceed.
Planning authorities control the location, amount and type of development by deciding on planning applications. Everyone has a right to make their views known on local planning matters and to shape the planning and development of their area by commenting on planning applications and by participating in the periodic review of the development plan (see also The Development Plan).
This leaflet is intended as a practical guide. It is not a definitive legal interpretation of planning law. For more information you may consult your local planning authority at the address given at the end of this leaflet.
- Can I comment on any planning application?
- To whom do I make comments?
- How will I know about a particular application?
- How long do I have to comment?
- What access to planning information do I have?
- Will my comments be listened to?
- What can I comment on?
- What type of comments will not be considered?
- Who will see my comments?
- Will I be informed of the decision?
- Can I appeal against a planning decision?
1. Can I comment on any planning application?
Yes. The planning system is open and transparent. Everyone (individuals, residents' associations, etc) has the right to see an application and comment, either positively or negatively, on it, if they think it will affect them or their neighbourhood. You can also comment on an application even if you are not directly affected but feel strongly about a particular issue and want to express your opinion. Any submissions or observations made must be made within five weeks of receipt of the application, together with a fee of 20euro.
2. To whom do I make comments?
You should address all comments, in writing, to the planning authority (County Council, County Borough or Borough Corporation or Urban District Council) for the area to which the application relates. Every observation/comment/objection must quote the reference number allocated to the application by the authority and include a name and correspondence address and a fee of 20 euro.
3. How will I know about a particular application?
An applicant for planning permission must publish notice of the application in a locally circulating newspaper (the planning authority has a list of newspapers which it accepts for the making of a public notice) and by erecting a site notice (see Sample Site Notice - Acrobat document) in a conspicuous position. An application must be received by the planning authority within 2 weeks of the newspaper notice. A site notice must be put up on or before the date you make the application and be kept in position, in a legible condition, for at least five weeks after its submission.
Notice of every planning application and date of receipt is on public display for 2 months during office hours at the planning authority's offices and in local public libraries. Planning lists will be circulated for a small cost to residents' associations, interest groups etc.
If you think an application has been made, you can contact the planning authority about recent applications.
4. How long do I have to comment?
Any comments on a planning application must be made within the first five weeks of an application, and a fee of 20 euro must be paid. The authority must decide on a valid application within 8 weeks, unless the applicant agrees to an extension of this time or some aspect of the application is unclear and further information is sought to enable a decision to be made. The planning authority cannot decide an application until 14 days after the receipt of an application or, where an Environmental Impact Statement is required, until 28 days after its receipt. In certain circumstances, the planning authority can ask the applicant to give further public notice of an application and where this is required, the period for decision runs from the date of publication of this notice.
5. What access to planning information do I have?
You are entitled to view, free of charge, all documents submitted with a planning application at the planning authority's office during office hours from the date of receipt of the application until the decision is made on it Internal reports on the application, prepared by or on behalf of the planning authority, can be viewed after the planning authority decision has been made, during the period for appeal.
Copies of any Environment Impact Statement and of extracts from such a statement can be purchased for a reasonable fee. Planning decisions are available for public inspection for up to 7 years after a decision has been made on the application. Older files may be inspected on payment of a fee of 10 euro.
The planning register and map is the record of all planning applications, decisions, appeals, enforcement action etc. The register is open to public inspection, free of charge, at the planning authority offices during office hours. Copies of entries in the register can be purchased for a fee (currently 10 euro)).
6. Will my comments be listened to?
Yes. In deciding an application the planning authority must take written comments on planning matters into consideration. Such comments must be received within the first five weeks of the application and the fee of 20 euro paid.
7. What can I comment on?
The planning authority may only consider the proper planning and development of their area and the preservation and improvement of amenities, having regard to the provisions of their development plan. Therefore, the authority may only consider objections based on planning considerations and not those based on personal dislikes or grievances, non-planning issues associated with nuisance claims or legal disputes, etc. The "proper planning and sustainable development" of an area will generally relate to:
- appropriate land use (zoning),
- adherence to established planning and development practices,
- preservation, improvement and extension of amenities,
- traffic safety,
- development density, size, location etc.
8. What type of comments will not be considered?
Objections which are generally not planning related and which normally cannot be taken into account include:
- disputes about property rights or location of boundaries,
- restriction of views from a property, where residential amenities are not affected (eg adequate light, overshadowing) - no one has a right to a particular view,
- trees, shrubs etc. overhanging a property.
If you have a complaint about any of the above, you should normally seek a remedy under civil rather than planning law. You may need to consult a solicitor about your rights in this context.
Vexatious or frivolous comments will also be disregarded.
9. Who will see my comments?
All documents relating to an application, including your written comments, will be available for public inspection.
10. Will I be informed of the decision?
Yes. Anyone who has made written comments on a planning application within the first five weeks of an application and paid a fee of 20 euro, must be informed by the planning authority of their decision within 3 days of making it. This will usually be done by post; but where a large number of comments have been received, the planning authority may issue notification by way of a public notice in a locally circulating newspaper within 7 days. A public notice is mandatory in the case of applications accompanied by an Environmental Impact Statement.
11. Can I appeal against a planning decision?
Yes. Any person can appeal a planning decision to An Bord Pleanála, or make written observations on somebody else's appeal, but, in the case of third party appeals, only where an initial submission/observation has been made by the third party to the planning authority. Comments or observations made to a planning authority are not passed to An Bord Pleanála in the event of an appeal. If you want your views considered by An Bord Pleanála you will have to become involved in the appeals process. For details on the appeals process, fees, time limits, etc. see the page Making a Planning Appeal.
