General Description Of Functions

The Kilrush Town Council Planning Department is responsible for the control and enforcement of proper planning and sustainable development in the Kilrush Urban Area and is legislated under the provision of the Planning and Development Act 2000, Planning and Development Regulations, 200l and 2002. The overall strategy of the Department for the delivery of proper planning and sustainable development is contained in the Kilrush Town Development Plan, 2002.

Kilrush Town Council is the Planning Authority for the Kilrush Urban Area. The Authority has the general duty to take such steps within its powers as may be necessary for (a) securing compliance with current planning legislation, and (b) achieving the objectives of the Kilrush Town Development Plan, 2002.

The functions of the Planning Department are as follows

• Making and reviewing of the Development Plan,
• Pre-Planning Consultations
• Control and Enforcement of Development
• Part V Housing Supply
• Protection of Architectural Heritage
• Local Authority's own Development
• Taking in Charge of Estates
• Licensing of Outdoor Events

Development Plan.

The Kilrush Town Development Plan 2002 was jointly prepared and adopted by Clare County Council and Kilrush Town Council. Kilrush Town Council is the Planning Authority for the Kilrush Urban area. Clare County Council is the Planning Authority for the Kilrush Environs. The Development Plan is prepared in accordance with the requirements of the Planning & Development Act, 2000. A Development Plan shall be made every six years. The current Plan is now (October 2007) on public display with submissions invited from the public and a new Plan is expected early in 2008. The purpose of the Plan is to:

• Develop objectives, policies and proposals for the proper planning and sustainable development of the area; and
• Provide a detailed and consistent framework for the use of land and the control and regulation of development that will guide planning decisions; and
• Provide a basis for co-ordinating public and private development throughout the area; and
• Through the statutory process governing its preparation, to give local communities the opportunity to participate in planning choices about where development should be accommodated with the area; and
• Inform local communities how their interests will be affected for the period of the Plan.

Pre-Planning Consultations

Prior to making a planning application, it is advisable to consult with the Planning Authority regarding the proposed development. The Planning Authority provides a pre-planning inquiry service and encourages applicants to submit written pre-planning enquiries for any major developments proposed.

Control And Enforcement Of DevelopmentPlanning Permission

Planning Permission is required for any development of land or property unless the development is specifically exempted from this need. Development includes the carrying out of works (building, demolition, alteration) on land or buildings and the making of a material (i.e. significant) change of use of land or buildings.

Exempted Development

Certain developments for which planning permission would not be required can be considered exempted development, the details of which are contained in Schedule 2, Part l of the Planning & Development Regulations, 200l. Examples of exempted developments are small front porches and extensions of a limited size to the rear of a dwellinghouse. Boundary walls up to a certain height around a dwellinghouse. The use of up to four bedrooms in a house for Bed and Breakfast purposes. All of the above and other exempted developments are only exempt provided that they do not contravene the provisions of Schedule 2, Part l of the Planning & Development Regulations, 200l, also provided they do not infringe other guidelines, e.g. contravene a planning condition, create a traffic hazard, obstruct a public right of way.

The Planning Application

Certain procedures must be followed for making and processing a planning application. The application must comply with the requirements of Part III of the Planning & Development Act, 2000 and also Part IV of the Planning & Development Regulations, 200l. When making a decision in relation to an application the Planning Authority is restricted to considering the proper planning and sustainable development of the area, and must have regard to the objectives of the Kilrush Town Development Plan, 2002.

Documents to accompany a Planning Application:

A planning application shall be accompanied by the following documentation :

• (a) Fully complete Planning Application Form
• (b) Two copies of the relevant page of the newspaper in which notice of the application has been published.
• (c) Two copies of the site notice.
• (d) 6 No. copies of Site Location Map.
• (e) A plan showing the position of a site notice.
• (f) Schedule listing all drawings and maps.
• (g) Six copies of Plans and Site Layout Maps.
• (h) Where appropriate, a certificate issued by the Planning Authority in accordance with Section 96 (Social & Affordable Housing( the Act, or if such certificate has been applied for but not issued, a copy of the application made in accordance with Article 48 of the Planning & Development Regulations, 200l.
• (i) The appropriate application fee.

Planning Fees

A fee shall be paid to the Planning Authority by an applicant when making a planning application. The fees are set out in the Planning & Development Regulations, 200l.

The following is an example of current fee payable:-

• Dwellinghouse €65.00
• Outline €48.74
• Approval €34.00
• House extension €34.00
• Commercial €3.60 per sq. m.

Environmental Impact Assessment

Where a Planning Application is made in respect of a certain class of development, that application in addition to meeting the requirements of the Planning Application itself, shall be accompanied by an Environmental Impact Statement. Planning Applications for development of power stations, incinerators, waste water treatment plants, integrated chemical installations, are some examples of the type of application in which an Environmental Impact Statement would be required.

Planning Contributions

A Development Contribution Scheme has been prepared by the Kilrush Town Council under Section 48 the Planning and Development Act, 2000 which set out contributions payable by developers for residential and non-residential development in respect of public infrastructure and facilities provided by the Council. The purpose of the scheme is to introduce a measure of transparency for developers in relation to the level of contribution to be paid and the purpose to which the contribution will be put. It allows developers to clearly see the level of the contribution which he or she could be expected to pay in respect of their proposed development, and why that contribution is being levied.

Appeals Process

The planning system includes a comprehensive appeals process. Under this, all planning decisions made by the Planning Authority may be subject to independent review by An Bord Pleanála.

An appeal against the decision of a Planning Authority on an application may be made to An Bord Pleanála. Appeals must be received by An Bord within four weeks beginning on the date of the making of the Decision by the Planning Authority. (N.B. not the date on which the Decision is sent or received).

An appeal shall -

• (a) Be made in writing giving the name and address of the person making the appeal;
• (b) State the subject matter of the appeal with details of the nature and site of the proposed development, the name of the Planning Authority, the Planning Register Number, and the applicant's Name and Address (if you are a third party);
• (c) State the full grounds of appeal with supporting material and arguments. An Bord cannot take into consideration any grounds of appeal or information submitted after the appeal is lodged and it cannot consider non-planning issues; grounds of appeal should not, therefore, include such issues, and
• (d) be accompanied by a fee of -

i. €600 on a planning appeal relating to a commercial development made by the person by whom the application was made,

ii. €200 on appeal other than an appeal mentioned at (i).

The Appeal must be fully complete from the start. A person is not permitted to submit any part of it later on, even within the time limit.

Submissions or observations made to An Bord by or on behalf of a person (other than the applicant or the appellant) as regards an appeal shall be accompanied by a fee of €45 and shall be made within four weeks from the receipt of the appeal by An Bord or in a case where an Environmental Impact Statement has been submitted, within four weeks of when An Bord publishes notice of its receipt.

A request for an Oral Hearing shall be accompanied by an additional fee of €75 and the request for an Oral Hearing must be made within the period for lodging the appeal but where the developer is sent a copy of a third party appeal, he/she is allowed four weeks from this date.

An appeal, submission or observation to An Bord will be invalid unless it is accompanied by the appropriate fee.

Appeals should be addressed to The Secretary, An Bord Pleanála, 64, Marlborough Street, Dublin l. (Tel. No. 01 - 8588100 or 0l - 8728011) or,

delivered by hand to an employee of An Bord at An Bord's offices during office hours (9.15 a.m. to 5.30 p.m. - Monday - Friday, except public holidays and Good Friday).

Enforcement

Any person who has carried out or is carrying out unauthorised development shall be guilty of an offence under Section l5l of the Planning Act, 2000. Where development takes place without permission or where it does not comply with conditions of a permission, the Planning Authority may take enforcement action. Options include Warning Letter, Enforcement Notice, or Court action. Also, the Planning Authority, or any individual group, may seek a High or Circuit Court order against a developer, stopping an unauthorised development or use.

Licensing of appliances on public roads

Any person wishing to erect an advertisement structure, hoarding, fence or scaffold must obtain a Licence from the Planning Authority to do so. A fee shall be paid to the Planning Authority as set out in the Planning & Development Regulations, 200l.

Part V Housing Supply

The Planning Act, 200 provides for housing strategies to be prepared by Planning Authorities for inclusion as part of the Development Plan to ensure that adequate land is zoned for housing and that sufficient social and affordable housing is provided in the Planning Authority area. The Development Plan has been adopted to include the Housing Strategy.

Protection Of Architectural Heritage

A protected structure is a structure or part of a structure that the Planning Authority consider to be of special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social or technical point of view. Details of protected structures are entered by the Planning Authority in its Record of Protected Structures, which is part of the Development Plan. The owner and/or occupier of a protected structure are legally obliged to ensure that no danger is caused to the structure. This obligation applies from the time when an owner or occupier is notified of a proposal to include a structure in the Record of Protected Structures, at which time the structure becomes a "proposed protected structure".

Local Authority's Own Development

Procedures are in place for certain Local Authority development. These procedures include the giving of public notice, notifying of certain bodies, making particulars available for inspection, facilitating submissions and the preparation of a Managers report for consideration by members of the Council. The Members may decide to vary or modify the development, otherwise than as recommended in the Manager's report, or decide not to proceed with the development.

Licensing Of Outdoor Events

Any person, club, company, that wishes to hold a funfair, concert or other public event must obtain a licence from the Council under Section 23l of the Planning and Development Act, 2000. An application must be made to the Planning Authority at least l6 weeks prior to the date for the holding of the event. The applicant for the Licence is required to public a public notice in one local newspaper and one national newspaper. Any person may make a submission or observation in writing to the Planning Authority in respect of the application with 5 weeks of the receipt of the application by the Planning Authority. The Planning Authority must make a decision on the application after a period of 5 weeks after receiving the application.

Classes Of Records Held

• Planning application files including decisions of An Bord Pleanala where relevant.
• Planning register including maps.
• Development Plan.
• Statistical information.
• Technical reports from other sections.
• Legal records.
• Correspondence with the Department of the Environment, Heritage and Local Government.
• Internal Reports.
• Land acquisition.
• Miscellaneous records/correspondence.