Subject to a number of exemptions, planning permission is required from the Council before undertaking any development in its area. The Council displays weekly lists of planning applications at the County Hall and the Library Headquarters and also on the Council web site. Any person can see a copy of an application and make written submissions or observations to the Council on any planning aspect of it. The written submissions must be accompanied by the prescribed fee and must be received within 5 weeks from the date of receipt of the planning application. These must be considered by the Planning Authority when determining the application.
In dealing with applications, the Planning Authority is restricted to considering the proper planning and development of the area. Regard must also be had to the relevant Development Plans. Projects which are likely to have significant effects on the environment must be subjected to an assessment of such effects.
All documents received from the applicant by the Planning Authority in respect of a planning application are available for inspection by the public. Technical reports prepared by or on behalf of the Authority are available for inspection by the public from the date of decision. Copies of all or part of any planning file are available for purchase.
Any person can contact the Planning Section for advice and guidance before making a planning application. A formal pre-planning process, involving monthly meetings, is in place for large developments. The larger the development, the greater is the need for prior consultation.
Only a person who has lodged an objection to the Planning Authority on a planning application or a person who has been granted leave to appeal by An Bord Pleanála may appeal against the decision to An Bord Pleanála at 64 Marlborough Street, Dublin 1. The appeal must be lodged within 4 weeks of the date of the decision and must be accompanied by the appropriate fee. Legal proceedings challenging the validity of a decision must be made by way of judicial review within two months of the date on which a decision is given.
In exceptional circumstances, compensation is payable by the Planning Authority for a reduction in land value resulting from a refusal of planning permission or a grant of permission subject to conditions. Also, compensation may be payable to an occupier of land for any damage to his trade or business occasioned by planning restriction. Claims for compensation must normally be made within six months of the decision.
Local Authority Developments
There is a specific procedure for public notice and consultation in the case of developments proposed by Local Authorities.
The Council is obliged to make a Development Plan and review the plan at least every six years. The plan consists of a written statement and a map or series of maps. It sets out the land use, amenity and development objectives and policies of the Planning Authority.
The Planning Authority must give notice, not later than 4 years after the making of a development plan, of its intention to review its existing plan and to prepare a new development plan. Any person may make submissions or observations regarding the review of the existing plan and preparation of the new plan within a specified time which shall not be less than 8 weeks from the date of notice.
Following consideration of the proposals received, the Planning Authority must prepare a Draft Development Plan, which is put on public display for a period of not less than 10 weeks. Any person can make submissions regarding the Development Plan. All comments are taken into consideration. If the draft is then materially altered, the amendments go on further public display for a period of at least 4 weeks during which time fresh public comment may be made on these amendments. Following consideration of any new comments, the Plan is formally adopted.
County Development Plan – Programme of Work
Development Plans have been made for County Wexford, Wexford Town, Enniscorthy and New Ross.
Local Area Plans
Local Area Plans are made for designated towns such as Gorey and villages such as Blackwater, Bunclody, Coolgreany, Courtown, Kilmuckridge/Morriscastle, Kilmore Quay, Rosslare Strand, and Rosslare Harbour/Kilrane.
After a period of public consultation the Planning Authority considers submissions made and decides to propose to make a Local Area Plan. After a 6-week statutory public display period the Planning Authority considers any submissions made during that period and decides to make the plan. If there is a material variation to the proposed Local Area Plan there is a further four-week period for public consultation after which the Planning Authority considers the submissions made and decides to make the Local Area Plan.
The Planning Authority is required to maintain a planning register containing entries of planning applications, planning decisions, development plans, enforcement data, agreements for the creation of public rights-of-way, etc. The register consists of hardcopy data/maps, digital data/maps. The register is available for inspection by members of the public during normal office hours.
All development, in addition to complying with the Planning legislation, must comply with the Building Control Act and the Building Control Regulations 1997.
Before commencing development a person must submit a Commencement Notice. This Notice must be submitted not earlier than 28 days and not less than 14 days prior to the date of commencement. The Notice must be accompanied by the prescribed fee.
The Planning Authority may create public rights of way by agreement or compulsorily.
Further information is available from:
Telephone 053 9196101
Fax (053) 9196095