1. PROJECT DETAILS 2. RESEARCH & BACKGROUND INFORMATION PROJECT ARCHITECT: PROJECT TITLE: RIAI PLANNING METHODOLOGY AUGUST /14

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1 RIAI PLANNING METHODOLOGY AUGUST 2009 This worksheet sets out the steps that the RIAI recommends be followed by architectural practices in the preparation of a Planning Application under the Planning & Development Regulations NB: This document has not been updated to reflect the requirements of the Planning & Development (Amendment) Act, Use of this document as a quality control and auditing tool should minimise the risk of having your Planning Application rejected as invalid by the Planning Authority. It is recommended that the worksheet be used by the Project Architect and that the documentation be verified against the worksheet by a separate, senior member of staff prior to lodgement. Refer also to the RIAI Good Practice Guide. 1. PROJECT DETAILS PROJECT REF: PARTNER IN CHARGE: CLIENT: ADDRESS: PROJECT ARCHITECT: PROJECT TITLE: 2. RESEARCH & BACKGROUND INFORMATION DATE BY ACTIVITY REFERENCE TO FILE SITE Title/ Ownership/ Consents Boundaries/ Adjoining Properties Levels/ Site Features Wayleaves/ Rights of Way / Licenses Services/ Utilities/ Drainage Compulsory Purchase Orders Adjoining site(s) under same control or in same ownership Statutory Notices Heritage/ Conservation/ Archaeology Foreshore COMMENT Verify title (from applicant)/ consent required (where applicant is not the owner). NOTE- Definition of owner. Verify boundaries with title documents, survey & visually. Verify levels, features and structures. List as relevant (from applicant and/or title) and verify from site inspection. Include reference for survey of existing/ site inspection. List as relevant (from applicant and/or local authority) List as relevant (from applicant and/ or title) E.g. Fire Safety, Planning Enforcement, Dangerous Buildings, Derelict Sites, Building Control, etc. Protected Structure, Proposed Protected Structure, National Monument, etc. Note if relevant- as defined by 2000 Act Part XV ZONING/ CONTROL Development Plan & variations Development Plan Zoning Local Area Plan Roads Proposals / status Zone of Archaeological Interest List documents consulted NOTE: draft/ final & variations Check if intended use is permissible List documents consulted NOTE: draft/ final & variations Act Sect. 18, 19 & 20 Note enquiries undertaken and records available. Verify from Development Plan/ Local Area Plan. Architectural Conservation Area (ACA) / Area of Special Planning Control Protected Structure/ Proposed Protected Structure/ Within Curtilage of a Protected Structure Strategic Development Zone (SDZ) Area of Special Amenity Verify from Development Plan/ Local Area Plan Act Sect. 81(1) & 84 Verify from Development Plan/ Local Area Plan Act Sect. 81(1) & 84 Verify from Development Plan/ Local Area Plan Act Part IX Verify Development Plan/ Local Area Plan 2000 Act Part X111 Landscape Conservation Area Note if relevant- as defined by 2000 Act 204 RIAI PLANNING METHODOLOGY AUGUST /14

2 2. RESEARCH & BACKGROUND INFORMATION DATE BY ACTIVITY REFERENCE TO FILE Dublin Docklands Development Authority area Tree Preservation Orders HISTORY Existing Permissions/ Previous Applications Conditions of Previous Permission(s) Reasons for Previous Refusals Pre-Planning Consultation Unauthorised Uses /Development COMMENT DDDA- Separate Planning Procedures- Refer to 1997 Act Section 25 and SI 865 of 2007 (Amendment) Regulations. List as relevant from applicant/ planning authority 2000 Act Sect. 205 Note relevant permissions, current and previous applications, refusals, conditions, appeals, etc. Note relevant permissions/ dates Note relevant refusals/ dates Note date(s) and attendance and retain minutes. (Planning Authority also required to retain records) Verify with applicant. Verify from Planning File/ Local Authority register. (Refer to Definitions in Appendix F below). 3. CONTENTS (REFER TO APPENDICES FOR ADDITIONAL REQUIREMENTS) Application Form List of Contents/ Schedule of Drawings Copies of Documents (6 no.) Additional Copies (10 no.) Newspaper Notice (1 no.) Site Notice (1 no.) Application Fee Use Current Application Form for the relevant Local Authority (including supplementary forms where required). Include number and type for all documents (drawings (incl. title/ scale), Fee Payment, Reports, Notices, Consents, etc.). (1) Contact List- Local Authorities SI 600 of (2) (d) Include 6 no. copies of all documents to be submitted. SI 600 of (3) (a) - Increase to 10 no. copies of all documents for a Protected Structure (or Proposed Protected Structure). - Include 10 no. copies of an EIS (Environmental Impact Statement) where an EIS is included in the Application. Include original full page of approved Newspaper with notice outlined in red. (Refer to NEWSPAPER NOTICE below). Include full size copy of notice on white or yellow background as required (Refer to SITE NOTICE below). Include basis for fee calculation in Application Form OR Proof of eligibility for exemption from Planning Fees. Confirm/ agree fee with Local Authority, if required. (Refer also to FEES below). (2) & (3) SI 600 of SI 600 of and 22 (2) (a) SI 600 of And 22 (2) (a) SI 600 of (2) (f) 4. APPLICATION FORM (REFER ALSO TO RELEVANT LOCAL AUTHORITY FORM) Full Name of Applicant(s) Full Address of Applicant(s) Full Address of Development Company Registration Registered Company Address Full Names of All Company Directors Agent acting on behalf of Applicant Include first names and surnames for all applicants. SI 600 of (1) (b) Include full postal address(es) for all applicants (Contact details and address may be submitted as Part 2 of the Application form which is excluded from the public file). NOTE: Data Protection requirements. Include site location, townland, postal address, etc. (as may best identify the land or structure). NOTE: Where Grid Reference is included it should be referenced to the Irish Transverse Mercator (ITM). Include Company Registration Name (not trading name) and Registration Number, where applicant is a Company (registered under the Companies Act ). Include registered Company address (not trading address or development address). SI 600 of (1) (b) SI of 2007 SI 600 of (1) (c) SI 600 of (1) (iii) SI 600 of (1) (iii) Include first names and surnames for all company directors. SI 600 of (1) (iii) Include name and address of Agent (e.g. architect or planning consultant making the Planning Application) Preparation of Drawings Include full name and address of person or firm primarily responsible for preparation of drawings (1) (i) RIAI PLANNING METHODOLOGY AUGUST /14

3 4. APPLICATION FORM (REFER ALSO TO RELEVANT LOCAL AUTHORITY FORM) Type of Permission sought Description Legal Interest Duration of Permission Water & Drainage Site History Management (Housing Estates) - Permission for Development - Permission for Retention of Development (development or material change of use for which Permission has not been sought). - Outline Permission for Development - Permission consequent on the grant of Outline Permission Include reference number for Outline Permission NOTE: Outline Permission cannot be sought for developments requiring an EIS, IPC, Waste License OR for a Protected Structure, Proposed Protected Structure, OR for retention or continuance of an unauthorised use OR for an application relating to an Establishment (Major Accidents Directive). NOTE: Exempted Development provisions/ limitations below. Description of development should correspond exactly with Newspaper Notice and Site Notice wording. NOTE: Form of Site Notice (Schedule 3) includes checklist for description of development. (Refer also to NEWSPAPER NOTICE & SITE NOTICE below). Include applicant s legal interest (e.g. Owner/ Occupier/ Other) in the site. Where the applicant is not the legal owner further details of the applicant s interest and the written consent of the legal owner are required. (Refer to Definitions of owner and occupier in Appendix F below). - Generally Planning Permission has a duration of 5 years. In exceptional circumstances Planning Permission with a longer duration may be sought in the Planning Application. - For Retention Permission the period for which it is proposed to retain the structure should be specified (where appropriate). Include details of Water Supply, Surface Water & Effluent Disposal as required. Provide details of any flooding or certain previous uses (include dumping or quarrying) on the site. Quarries are required to be registered. Specify whether the development is to be Taken in Charge by the local authority or managed by an Estate Management Company. Include details of proposals for future management of estates (where required). Site & Floor Areas Include Site area (hectares) and Floor area (m 2 ). NOTE: Gross Floor Space - Internal Floor Space of each floor of a building (i.e. inside the external walls). Plot Ratio Plot Ratio = Total Site Area: Total Gross Floor Area (all floors) (expressed as a ratio e.g. 1:3). Site Coverage Class(es) of Development / Uses Pre-Planning Consultation Signature Site coverage = Gross Ground Floor Area(s) / Site Area (expressed as a percentage e.g. 60%). Include Class(es) of Development / Uses. Where existing use is Vacant include details of most recent use(s). Include details of any formal Pre-Planning Consultations (including dates and persons present). NOTE: Planning authorities are obliged to keep written records of any consultations and to retain records with the planning applications. Application Form may be signed by Applicant or Agent. SI 600 of (1) (c) SI 600 of (1) (d) Act Part 3 Section 40, 41 & 42 -SI 600 of (d) (ii) 2000 Act Section 261 Refer Dev. Plan 2000 Act Section 180 SI 600 of (1) (e) Refer Dev. Plan Refer Dev. Plan SI 600 of 2001 Schedules 2 & 9 SI 30 of 2000 Section 247 & Section 247 (5) On-line Applications NOTE: Online Planning Applications are now accepted by some Local Authorities for some classes of developments (e.g. domestic extensions, advertising signs). (NOTE 1) 2000 Act Section NEWSPAPER NOTICE Advertisement Heading Approved Newspaper Full Original Page (with Title) Date of Publication Verify Text Type of Permission Verify the name of Local Authority as included in heading (e.g. City Council/ County Council/ Borough Council/ Town Council). Verify that the Newspaper is included on list approved by Local Authority. NOTE: Approved list varies annually for each Local Authority. Include the full page of the Newspaper with relevant Notice outlined in red. Ensure that Newspaper Title (not only supplement) is included on page. Record date Notice was published (within 2 weeks before the making of the planning application). (Refer to Definitions of Time Limits in Appendix F below). Verify text published is exactly as included on the text submitted for publication and on the Site Notice. - Permission for Development - Permission for Retention of Development - Outline Permission for Development (NOTE 1) SI 600 of (1) and 18 (2) SI 600 of (1) and 18 (2) SI 600 of (1), (2) Section 36 (3) a Plan & Dev 2000 SI 600 of RIAI PLANNING METHODOLOGY AUGUST /14

4 5. NEWSPAPER NOTICE Outline Permission Name of Applicant Location of Development Nature & Extent of Development - Permission consequent on the grant of Outline Permission (for a development for which Outline Permission has been granted). NOTE: Where Outline Permission has been granted, any subsequent application for permission must be made not later than 3 years beginning on the date of the grant of Outline Permission, or such longer period not exceeding 5 years as may be specified by the planning authority. Include first and second names for all applicants OR Registered Company name. Verify location, townland, postal address, etc. (as may best identify the land or structure). Include full description for all proposed development. (Where reference is made to a Previous application or Permission include relevant reference no(s)). NOTE: Form of Site Notice (Schedule 3) includes checklist for description of development. Duration Include duration of Planning Permission sought (where longer than 5 years) OR duration for retention of a use (where appropriate) OR extension of time to previous permission. NOTE: Duration of Permission subsequent to Outline Permission is 5 years from grant of Outline Permission. Change(s) of Use Reference to Previous Permission(s) Number/ Type of Housing Units Extension to Dwelling Habitable House Demolition Protected Structure Effluent Treatment Include details of existing and proposed uses for any Material Change of Use/ Retention of Change of Use, etc. Verify Class(es) of Development for Material Changes of Use. NOTE: Some changes of use are exempted development and may not require Planning Permission. Include Planning Permission Reference No(s) for revisions to Previously Approved OR where Outline Permission was granted OR where extension to duration of previous permission is sought. Include number and types (e.g. 2 no. 3-bedroom apartments, 6 no. 4- bedroom townhouses, etc). Where an extension to a dwelling is to be used as a separate dwelling (e.g. Granny Flat) include details in the description. Include reference to demolition, partial demolition or change of use of a habitable house (all require Planning Permission). NOTE: Habitable House includes a building not in use but previously used as a dwelling and a dwelling not yet occupied. Demolitions of buildings within curtilage of industrial building, business premises or farmyard complex require Planning Permission in certain instances. Include reference to Protected Structure, Proposed Protected Structure, Within Curtilage Of Protected Structure or in Architectural Conservation Area, (as required). Include reference to proposed effluent treatment (where on-site treatment is proposed). Car/ Bicycle Parking Include details of car parking & bicycle parking proposals (where required). SI 600 of SI 600 of (1) (a) SI 600 of (1) (b) SI 600 of (1) (d) 2000 Act Part 3 Section 40, 41 & 42 SI 600 of (1) SI 364 of 2005 SI 235 of 2008, 2000 Act Part 1 (Definitions) SI 235 of 2008 SI 600 of (d) (iii), 2000 Act Part 1 (Definitions) EIS (Environmental Impact Statement) IPC (Integrated Pollution Control) License Waste License Strategic Development Zone (SDZ) Major Accidents Directive Application May be Inspected or Purchased EIS May be Inspected or Purchased Include reference to an EIS (Environmental Impact Statement) where one is included in the application. Include reference to an IPC (Integrated Pollution Control) License where one is included in the application. Include reference to a Waste License where one is included in the application. Include reference to an SDZ (Strategic Development Zone) where relevant. Include reference to an Establishment where an application relates to an Establishment (certain industrial activities) under the Major Accidents Directive. Include the approved wording: that the planning application may be inspected or purchased at the offices of the planning authority during its public opening hours and a submission or observation in relation to the application may be made to the Authority in writing on payment of the prescribed fee within the period of 5 weeks beginning on the date of receipt by the authority of the application. NOTE: The Local Authority may also require details to the public opening hours and/or the address of the planning authority offices. Include the approved wording (where required): that an EIS will be submitted to the planning authority with the application and, that the EIS will be available for inspection or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the office of the relevant planning authority 2000 Act Part X SI 600 of SI 600 of (d) (iv) SI 600 of (d) (iv) 2000 Act Part IX, SI 600 of (d)(v) SI 600 of Schedule 5, 2000 Act Part 1(Definition) SI 600 of (e) SI 600 of RIAI PLANNING METHODOLOGY AUGUST /14

5 6. SITE NOTICE Size/ Form of Notice Location(s) of Notices Notice Erected By Notice to be Monitored Date Notice Erected Notice to be inscribed or printed in indelible ink on a white background, affixed on rigid, durable material and secured against damage from bad weather and other causes. A4 is generally acceptable, but A3 may be required in some instances to ensure that it is legible from the public road or footpath. Site Notice(s) are required to be: - securely erected or fixed in a conspicuous position on or near the main entrance from a public road, - where there is more than one entrance from public roads, on or near all such entrances, or on any other part of the land or structure adjoining a public road so as to be easily visible and legible by persons using the public road (incl. notices on each corner of site where there is more than one roadway) - erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure (where the land or structure does not adjoin a public road). Retain records. NOTE: The Planning Authority may require the applicant to erect further site notice(s). Arrange on-going monitoring for 5 weeks and replacement if it is removed or defaced or illegible. Record date Notice is erected (within 2 weeks before the making of the planning application). (Refer to Definitions of Time Limits in Appendix F below). White Background No valid application on the site or land substantially the same in previous 6 months Yellow Background Heading & Content Signature Name & Address of Agent Date Site Notice Erected Previous valid application for site (or on land substantially the same) in previous 6 months. NOTE: An Appeal (of a previous application) must be determined by An Bord Pleanala or withdrawn by the appellant before a similar application can be made. As NEWSPAPER NOTICE above SI 600 of (1) SI 600 of 2002 Schedule 3 - Form of Site Notice SI 600 of (1) and (2) SI 600 of SI 600 of (1) SI 600 of (1) (b) SI 600 of (4) Applicant or Agent Include address of agent (where the Site Notice is signed by the agent). SI 600 of 2001 Schedule 3 - Form Include date that the Site Notice is erected. SI 600 of 2001 Schedule 3 - Form 7. FEES ITEM COMMENT REFERENCE Fee Calculation - Fee calculation to be in accordance with current Scale of Fees, subject to Maximum and Minimum Fees. - Mixed Developments to be calculated in respect of each class. - Where the development is designed for or capable of or intended for use for one of several purposes, special provisions apply Act Sect. 246 SI 600 of 2001 Schedule 9. SI 600of (1) SI 600of (3) Retention Fees Higher fee scales apply to applications for retention. SI 600 of and Sch. 9 Exemption from Fees Reduced fees for Outline Application Reduced Fees for Modifications Refund of Fees Floor Area Calculations An application on behalf of a voluntary body (for certain purposes) or an approved housing body (for the provision of houses) is exempt from the requirement to pay fees. - Planning fees for an application for Outline Permission are three quarters the standard fee. - Planning fees for permission consequent on the grant of an Outline Permission are one quarter the standard fee. Reduced fees may be payable for certain modifications to a previously authorised development or in other cases subject to the discretion of the planning authority. A refund of three quarters of fees may be sought for certain repeat applications for development of the same character, on the same site within one year of the first application. NOTE: Application must be made within 8 weeks of the date of the decision of the subsequent application. Gross Floor Space - Internal Floor Space on each floor of a building (i.e. inside the external walls). Floor areas should be rounded up. SI 600 of (1), (2) SI 600 of SI 600 of (2) (a) SI 600 of (2) (b) SI 163 (1) SI (1) SI 600 of (2) RIAI PLANNING METHODOLOGY AUGUST /14

6 8. DOCUMENTS & DRAWINGS LOCATION MAP Original Location Map 1: 1000 or 1: 2500 SCALE Original OSI (Ordnance Survey Ireland) map(s) may only be reproduced under license or permit. NOTE: OSI License number, Title block, North Point and Site Outlines may be added on map(s). (1) (f) as amended by 2002 Act 3 (1) OS Sheet Number OSI Sheet number(s) must be included. (1) (g) Scale (Metric) 1: 1000 (built-up areas) or 1: 2500 (other areas). SI 600 of (2) (b) as amended by 2002 Act 3 (1) North Point & Scale indicated Location(s) of Site Notice(s) Indicated Development Site- Outlines in Red and Blue, Wayleaves in Yellow Dimensions Adjoining Buildings Levels and Contours Include a North Point on all plans and indicate scale on all drawing(s). (1) (h) Indicate locations of Site Notice(s) clearly on Site Plan. SI 600 of (2) (c) Location Map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the application relates and marked so as to identify clearly the land or structure to which the application relates and the boundaries thereof in red, any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant or the person who owns the land which is the subject of the application in blue and any wayleaves in yellow. NOTE: Red, Blue and Yellow lines required on Location Map (Scale 1: 1000 or 1: 2500) AND Red line only is required on Layout Plan (to a scale of not less than 1: 500). Site or layout plans shall indicate the distances of any such structure from the boundaries of the site. Indicate all buildings, structure and features on adjoining sites. Site Layout Plan and other plans shall show the level or contours, where applicable, of the land and proposed structures relative to Ordnance Survey datum of temporary local benchmark. New/ Existing/ alterations Clearly distinguish between new/ existing and alterations NOTE: shall be so marked or coloured as to distinguish between the existing structure and works proposed. Drawing Prepared By Plans and drawings shall indicate the name and address of the person by whom they were prepared. Outline Permission CONSERVATION Significant Features SITE LAYOUT PLAN Scale North Point & Scale indicated Dimensions Levels and Contours Drawing Prepared By Applications for Outline Permission shall be accompanied only by such plans and particulars as are necessary to enable the Planning Authority to make a decision in relation to the siting, layout or other proposals for development. ADDITIONAL REQUIREMENTS Indicate relationship to curtilage, urban or rural surroundings and other significant features. (Refer to Appendix Heritage, Conservation & Protected Structures below). NOTE: Planning Authority may require additional information. NOT LESS THAN 1: 500 SCALE Site boundary to be clearly delineated in red and buildings, roads, boundaries, septic tanks and percolation areas, bored wells, significant tree stands and other features on, adjoining or in the vicinity of the land or structure to which the application relates. SI 600 of (2) (b) and 23 (1) (a) as amended by SI 70 of 2003 (1) (1) (f) SI 600 OF (1) (c) (1) (e) (1) (i) SI 600 of SI 600 of (1) (d) (1) (a). Include a North Point on all plans and indicate scale of all drawing(s). (1) (h) Site or layout plans shall indicate the distances of any such structure from the boundaries of the site. Site Layout Plan and other plans shall show the level or contours, where applicable, of the land and proposed structures relative to Ordnance Survey datum of temporary local benchmark. Plans and drawings shall indicate the name and address of the person by whom they were prepared. (1) (f) SI 600 OF (1) (c) (1) (i) RIAI PLANNING METHODOLOGY AUGUST /14

7 8. DOCUMENTS & DRAWINGS DRAWINGS Scale (Metric) North Point & Scale indicated Dimensions Levels and Contours Adjoining Structures & Contiguous Elevations Alterations / Extensions Drawing Prepared By Material Change of Use CONSERVATION Scale (Metric) REPORTS Additional Items Requested By Planning Authority Change of Use Consent of Owner Consultants Reports Effluent Treatment EIS (Environmental Impact Statement) DEAP (Dwelling Energy Assessment Procedure) Additional Reports CONSERVATION Conservation Statement Analysis & Specification NOT LESS THAN 1: 200 SCALE Not less than 1: 200 or such scale as may be agreed with the planning authority prior to the submission of the application in any particular case. NOTE: detailed drawings are not required in a Planning Application for Outline Permission. Include a North Point on all plans and indicate scale of all drawing(s). Plans and drawings of floor plans, elevations and sections shall indicate in figures the principal dimensions (including overall height) of any proposed structure and the site, and site or layout plans shall indicate the distances of any such structure from the boundaries of the site. Site Layout Plan and other plans shall show the level or contours, where applicable, of the land and proposed structures relative to Ordnance Survey datum of temporary local benchmark. Drawings of elevations of any proposed structure shall show the main features of any building which would be contiguous to the proposed structure if it were erected, whether on the application site or in the vicinity, at a scale of not less than 1: 200, as may be appropriate. Plans relating to works comprising reconstruction, alteration or extension of a structure shall be so marked or coloured as to distinguish between the existing structure and the works proposed. Plans and drawings shall indicate the name and address of the person by whom they were prepared. Application for a Material Change of Use (or Retention of a Material Change of Use) require site or layout plans, floor plans, sections and elevations and any other particulars required to describe the works. ADDITIONAL REQUIREMENTS 1: 50 General Arrangements Drawings 1: 20 Alterations affecting the character of a space or feature 1: 5 details or features, as necessary. (CONSERVATION, EIS ETC.) Include additional items requested (e.g. Reports, Photo-montages, models, etc.). Statement of existing use and nature and extent of proposed use (where application consisting of (or mainly consisting of) making any material change of use OR retention of material change of use). Letter of Consent from Owner (where the Applicant is not the legal owner of the site) Include name and address of owner. As required (e.g. Conservation Architect, Drainage/ Effluent Proposal, Traffic Report, Landscape Proposal, Retail Impact Statement, Tree Survey, etc.). Where disposal of waste water is other than to the public sewer, include full details of on-site treatment system and suitability of site (e.g. percolation test results). Include EIS (where development is subject to an Environmental Impact Assessment). DEAP Calculations are required by Dublin City Council (from 1 July 2008) - Variation no. 22 Dublin City Development Plan Additional Reports may be required including - Daylight & Shadow Analysis, Sustainability Audit, Stormwater Audit, Operational Waste Management Plan, Construction Waste Management Plan, Accommodation Audit (residential units). ADDITIONAL REQUIREMENTS Written Statement describing and justifying the works. Written/ Photographic Analysis and description of the structure (in certain cases) and statement summarising the principle impacts, how works are designed or specified regarding the character of the architectural heritage. SI 600 OF (1) (b) SI 600 of (1) (f) SI 600 OF (1) (c) (1) (d) (1) (e) (1) (i) SI 600 of (1) (3), (4) SI 600 of (3) (ii) RIAI PLANNING METHODOLOGY AUGUST /14

8 8. DOCUMENTS & DRAWINGS Photographic Record Fire Risk Analysis A planning application for development consisting of or comprising the carrying out of works to a protected structure, OR proposed protected structure OR to the exterior of a structure which is located within an architectural conservation area OR an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan, shall, in addition to meeting the requirements of sub-article (1), be accompanied by such photographs, plans and other particulars as are necessary to show how the development would affect the character of the structure. Fire Risk analysis (in certain cases) including methods of dealing with Fire Safety requirements and the impact on the historic fabric. (2) VERIFICATION OF PLANNING APPLICATION PROJECT REF: PREPARED BY: DATE: VALIDATED BY: DATE BY ITEM COMMENT FURTHER INFORMATION * DATE REQUESTED: PREPARED BY: DATE SUBMITTED: VALIDATED BY: DATE BY ITEM COMMENT RIAI PLANNING METHODOLOGY AUGUST /14

9 CLARIFICATION OF FURTHER INFORMATION * DATE REQUESTED: PREPARED BY: DATE SUBMITTED: VALIDATED BY: DATE BY ITEM COMMENT COMPLIANCE WITH PLANNING CONDITIONS* PERMISSION REF: PREPARED BY: DATE SUBMITTED: VALIDATED BY: DATE BY ITEM COMMENT CONDITION REF Note * : A submission of Further Information or Clarification of Further Information or a submission of Compliance Information (in relation to Planning Conditions) may require a separate RIAI Planning Methodology verification. It is recommended that all documents and drawings be marked PLANNING, FURTHER INFORMATION CLARIFICATION or COMPLIANCE. RIAI PLANNING METHODOLOGY AUGUST /14

10 APPENDIX A: ENVIRONMENTAL ITEM COMMENT REFERENCE Restrictions on Permissions Outline Permission cannot be sought for developments which require an Environmental Impact Assessment (EIA), an Integrated Pollution License (IPC) or a Waste License. NOTE: Retention permission may not be available for developments which require an EIS - Refer to European Court of Justice (ECJ) ruling July (On-going). SI of 2000 Section 172, SI 600 of 2001 Part 2: 16 EIS 10 copies of the EIS (Environmental Impact Statement) are required. SI 600 of and Schedule 6 Requirement for an EIS Integrated Pollution Prevention & Control (IPPC) Requirement for an EIS: (1) threshold - (refer to Schedule 5) (2) sub-threshold - if required by planning authority or An Bord Pleanala or included by applicant (refer to EPA Guidelines for Sub-threshold Development, 2003 (18) ) (3) other - European Site, areas designated under the Wildlife Acts ( ) NOTE: development in this context includes any associated demolition works. NOTE: Information to be included in EIS (refer to Schedule 6) Act Part X Sect. 172 & 173 SI 600 of 2001 Part 10 & Schedule 5 & 6 SI 600 of (2) and 103 (1) SI 600 of (1)/ SI 600 of (2) SI 659 of 2006 (EIS Amendment) Refer to EPA (Environmental Protection Agency) Licensing. (17) APPENDIX G Waste License / Permit Refer to EPA (Environmental Protection Agency) Licensing. (17) APPENDIX G Major Accidents Regulations Establishment (in relation to certain Industrial activities) - EIS required. (Major Accident s directive 96/82/EC on the control of major accident hazards involving dangerous substances). Section 172, SI 600 of 2001 Part 2: 16 SI 436 of 2004 APPENDIX B: HOUSING ITEM COMMENT REFERENCE ADDITIONAL Social & Affordable Housing - Proposal OR Social & Affordable Housing - Exemption (1) OR Social & Affordable Housing - Exemption (2) 2000 Act - PART V Section 94 (2), (3) &(4), as amended by SI 32 of (4) Exemption Certificate - For 4 or fewer houses or for housing on land of 0.1 hectares or less. Certificate must be sought from planning authority for exemption prior to making the planning application. NOTE: Anti-avoidance measures for land ownership are also included in Sect. 97 (12). Certain housing developments by approved voluntary housing bodies (for letting OR sale (as amended by SI 32 of 2002, 3 (13) (a))), certain conversions and carrying out of works to an existing building (provided that 50% or more of the existing external fabric is retained) are exempt from the requirements of Part V. NOTE: Exemption Certificate is not required Act Part V- 94, 96 as amended by SI 32 of SI 30 of 200 Sect. 97 (3) SI 600 of (2) (e) as amended by SI 90 of Act Sect. 96 (14) SI 600 of & 49 as amended by SI 90 of NOTE: Guidance on implementation of Part V below. (10), (11), (12) REFERENCES Zoned Land Housing Strategy for relevant Local Authority Floor Area Requirements Part V relates to Zoned Land i.e. land that is zoned for residential use of a mixture of residential and other uses The housing strategy shall provide that as a general policy a specified percentage, not being more than 20% shall be reserved for the provision of housing. Verify that proposal is in compliance with requirements of LA in the current Housing Strategy / Development Plan. Size of accommodation required (floor area) by eligible persons (eligibility is related to income limits). NOTE: Refer also to Dublin City Council Development Plan Variation no.21, where relevant Act Part V Sect. 94 as amended by SI Part 2 Section 4 (10) Relevant Housing Strategy. SI 30 of (1) (a), SI 600 of as amended by SI 90 of RIAI PLANNING METHODOLOGY AUGUST /14

11 APPENDIX C: RURAL SITES ITEM COMMENT REFERENCE Rural Sites Rural Housing Local Needs requirements Effluent Treatment Agricultural or forestry developments should indicate existing and proposed farm buildings and structures, surfaced and unsurfaced yards, directions of falls, soiled yards, silage pits etc., walls, gates, effluent storage. EIS is required for certain agricultural or forestry development. Additional requirements vary with each Local Authority and may include residency, employment, language and family information. Refer also to Circular Letter SP5/08 - Rural Housing Policy (Sept 2008) - Department of Environment, Heritage & Local Government. Include proposal for on-site effluent treatment. (1) (a) Site Suitability Report Include Percolation Test, etc. European Sites European Communities (Natural Habitats) Regulations Landscape Conservation Area Include Statement and Report if required Act Section 204 APPENDIX D: HERITAGE, CONSERVATION & PROTECTED STRUCTURES ITEM COMMENT REFERENCE Record of Protected Structures Conservation Records & Report National Monuments For the purpose of protecting structures, or parts of structures, which form part of the architectural heritage and which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, every development plan shall include a record of protected structures, and shall include in that record every structure which is, in the opinion of the planning authority, of such interest within its functional area. Required for Protected Structures, Proposed Protected Structures, development within the curtilage of a Protected Structure and the exterior of structure in an Architectural Conservation Areas (include specified in draft Development Plan or proposed variation). Record of Monuments & Places is available for each county. Developments which are close to or affect a National Monument require a separate statutory consent under the National Monuments Act Act Section 51 (2) National Monuments Act 1994/ 2000 Act Section 260 European Sites Wildlife Acts. NOTE: Definition of European Site' below. SI 94 of 1997 Architectural Conservation Area (ACA) / Special Planning Control Area Any development within an Architectural Conservation Area / Area of Special Planning Control is not exempted development where it contravenes the approved scheme applying to that area. Zone of Archaeological Interest Refer to Development Plan (and variations). (14), (13) 2000 Act Section 81 (1) 2000 Act Section Act Section 87 Declaration (Section 57) Urgent works Places of Worship Declaration (Section 5) A Declaration may be sought as to the type of works which it considers would or would not materially affect the character of the structure or any element.. of that structure. NOTE: Declaration cannot be sought under Section 57 for a proposed protected structure or structure in a conservation area (which is not protected). It is an offence to cause damage to a protected structure or proposed protected structure, however it shall be a good defence in any proceedings to prove that the damage to the structure resulted from works which were : (a) urgently required in order to secure the preservation of the structure or any part of it, (b) undertaken in good faith solely for the purpose of temporarily safeguarding the structure, and (c) unlikely to permanently alter the structure or any element. In making a decision in relation to permission regarding a place of worship the planning authority shall respect liturgical requirements. Section 5 Declaration (Exempted Development) NOTE: Not to be confused with Section 57 Declaration (Protected Structures) Act Section 57 (2) 2000 Act Section 58 (5) 2000 Act Section 57 (6) 2000 Act Section 5 RIAI PLANNING METHODOLOGY AUGUST /14

12 APPENDIX E: EXEMPTED DEVELOPMENT ITEM REFERENCE Exempted Development Definition NOTE: Unauthorised structures and structure that have unauthorised uses are excluded from exempted development. Declaration and referral on development and exempted development. NOTE: Section 5 Declaration (in relation to whether proposed works require Planning Permission) can be sought from the Planning Authority, not to be confused with Section 57 Declaration (Protected Structures). List of Exempted Development - Schedule 2: Part 1: Exempted Development - General, Part 2: Advertisements, Part 3: Rural, Part 4: Classes of Use. Restrictions on Exemption - (incl. works which would contravene a condition on a previous permission, widening roads, endangering traffic, alterations to unauthorised structures or structures the use of which is unauthorised, etc.). Changes of Use - certain changes of use are permitted as exempted development. Certain uses are excluded from exempted development provisions (including amusement arcade, motor service station, certain shops / retail warehouses, etc.). Protected Structure (or proposed protected structure) - the carrying out of works to a protected structure, or a proposed protected structure, shall be exempted development only if those works would not materially affect the character of : (a) the structure, or (b) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest. Also: NOTE: Section 57 Declaration can be sought (in relation to works to a protected structure without the requirement of Planning Permission), not to be confused with Section 5 Declaration (Exempted development). Exterior of a structure in an Architectural Conservation Area - exempted development only if those works would not materially affect the character of the area. Also limits works which would consist of or comprise the carrying out of works to the exterior of a structure, where the structure concerned is located within an architectural conservation area or an area specified as an architectural conservation area in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan and the development would materially affect the character of the area. Any development within an Architectural Conservation Area - Area of Special Planning Control is not exempted developments where it contravenes the approved scheme applying to that area. NOTE: Section 87 Declaration can be sought. Limits works which would interfere with the character of a landscape, or a view or prospect of special amenity value or special interest, the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan. Definition of Shop amended. NOTE: Relates to certain changes of use. Certain micro- renewable energy technologies (wind turbines, met masts, CHP (Combined Heat & Power) plants, solar panels, bio-mass boiler units) and for domestic houses. Certain micro- renewable energy technologies (wind turbines, met masts, CHP (Combined Heat & Power) plants, solar panels, bio-mass boiler units) and for industrial buildings, business premises and agricultural holdings. Any change or extension of development which would include demolition (not previously authorised) which would be likely to have a significant effect on the environment is not exempted development. Temporary use of certain structures (not exceeding a period of 2 years) as a School and certain extensions to Schools (subject to limits) are exempted development. Exempted development prior to 2001 Planning & Development Regulations (which was exempted development for the purposes of the Act under 1963 or 1994 Regulations). Section 4/ SI 600 of 2001 Part 2 5 & 6 Section 5 SI 600 of 2001 Schedule 2 SI 600 of (1) SI 600 of (1) 2000 Act Section 57 (1) 2000 Act Section 82 (1) SI 600 0f (1) (a) (xii) 2000 Act Section 87 SI 600 of (1) (a) (vi) SI 364 of 2005 SI 83 of 2007 SI 235 of 2008 SI 235 of 2008 SI 235 of 2008 SI 600 of 2001 Part 2: 11 RIAI PLANNING METHODOLOGY AUGUST /14

13 APPENDIX F: DEFINITIONS TERM DEFINITIONS REFERENCE European Site Development House (in relation to Part V) Occupier Owner Owner (in relation to Part V) as defined under European Communities (Natural Habitats) Regulations, the Habitats Directive or Birds Directive. means, except where the context otherwise requires, the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land. means (a) a building or part of a building which has been built for use as a dwelling, and (b) in the case of a block of apartments or other building or part of a building comprising 2 or more dwellings, each of those dwellings. in relation to a protected structure or proposed protected structure means : (a) any person in or entitled to immediate use or enjoyment of the structure, (b) any person entitled to occupy the structure and (c) any other person having, for the time being, control of the structure. in relation to land, means a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let means : (a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the land, and (b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the land Act Parts 2 & 3 SI 32 of Act Part 1 (Definition) 2000 Act Part 1 (Definition) 2000 Act Section 96 (16) as amended by SI 32 of (15) Social Housing housing for persons referred to in Section 9 (2) of the Housing Act Act Section 94 (4) & Section 93 Affordable Housing Strategic Development Zone Structure Sub-Threshold Development Time limits Unauthorised development Unauthorised structure Unauthorised use houses or lands made available in accordance with Part V Section 96 (9) or (10) for eligible persons. (SDZ) - designated site(s) of economic or social importance to the State. means any building, structure, excavation, or other thing constructed or made on, in or under any land, or any part of a structure so defined, and : (a) where the context so admits, includes the land on, in or under which the structure is situate, and (b) in relation to a protected structure or proposed protected structure, includes : (i) the interior of the structure, (ii) the land lying within the curtilage of the structure, (iii) any other structures lying within that curtilage and their interiors, and (iv) all fixtures and features which form part of the interior or exterior of any structure or structures referred to in subparagraph (i) or (iii). means development of a type set out in Schedule 5 (2000 Act) which does not exceed a quantity, area or other limit specified in that Schedule in respect of a relevant class of development. where calculating any appropriate period or other time limit referred to in this Act or in any regulations made under this Act, the period between the 24th day of December and the first day of January, both days inclusive, shall be disregarded. (Excluding Part II of 2000 Act, i.e. Development Plans, duration of permission, etc.). means in relation to land, the carrying out of any unauthorised works (including the construction, erection or making of any unauthorised structure) or the making of any unauthorised use. means a structure other than : (a) a structure which was in existence on 1 October 1964, or (b) a structure, the construction, erection or making of which was the subject of a permission for development granted under Part IV of the Act of 1963 or deemed to be such under Section 92 of that Act or under Section 34 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out of exempted development (within the meaning of Section 4 of the Act of 1963 or Section 4 of this Act). means, in relation to land, use commenced on or after 1 October 1964, being a use which is a material change in use of any structure or other land and being development other than : (a) exempted development (within the meaning of Section 4 of the Act of 1963 or Section 4 of this Act), or (b) development which is the subject of a permission granted under Part IV of the Act of 1963 or under Section 34 of this Act, being a permission which has not been revoked, [2000]. Planning and Development Act, [No. 30.] 2000 and which is carried out in compliance with that permission or any condition to which that permission is subject. Unauthorised works means any works on, in, over or under land commenced on or after 1 October 1964, being development other than : (a) exempted development (within the meaning of Section 4 of the Act of 1963 or Section 4 of this Act), or (b) development which is the subject of a permission granted under Part IV of the Act of 1963 or under Section 34 of this Act, being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject; Pt.I S.2. Works includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal and, in relation to a protected structure or proposed protected structure, includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles or other material to or from the surfaces of the interior or exterior of a structure. Ditto 2000 Act Section 94 (4) & Section Act Section Act as amended by SI 235 of Act Section 251 RIAI PLANNING METHODOLOGY AUGUST /14

14 APPENDIX G: Department of the Environment, Heritage & Local Government (DoEHLG) documents are available at: (1) List of all Local Authorities (including contact information): (2) Planning Legislation Overview (including links to all current legislation): (3) Architectural Heritage Protection ( ) (4) Architectural Heritage Protection for Places of Worship - Guidelines (Nov 2003) (5) Sustainable Rural Housing (Apr 2005) (6) Sustainable Residential Development in Urban Areas (Dec 2008) (7) Best Practice Urban Design Manual (Parts 1 & 2) (Dec 2008) (8) Retail Planning Guidelines (Jan 2005) (9) The Planning System & Flood Risk Management Consultation Draft Guidelines (Sept 2008) (10) Circular AHS 4/06 Planning & Development Acts Implementation Issues (Nov 2006) (11) Part V (Housing Supply) of the Planning & Development Act Implementation Issues (Feb 2002) (12) Further Guidelines Part V of the Planning & Development Acts (Nov 2006) (13) Framework and Principles for the Protection of Archaeological Heritage (1999) (14) Review of Archaeological Policy and Practice in Ireland (Oct 2007) /FileDownLoad,15699,en.pdf (15) Development Management Guidelines for Planning Authorities (June 2007) (16) Development Plans Guidelines for Planning Authorities (June 2007) (17) Environmental Protection Agency (EPA) Integrated Pollution Prevention & Control (IPPC) Licensing (18) Environmental Protection Agency (EPA) Guidelines on information to be contained in Environmental Impact Statements (EIS) (2003) (19) The Planning System & Flood Risk Management Consultation Draft Guidelines APPENDIX H: All current Planning & Development legislation (including Unofficial Consolidation) is available at: Overview/PlanningRegulations/ Planning & Development Act 2000 (SI 30 of 2000) 2000 Act Planning & Development Regulations 2001 SI 600 of 2001 Planning & Development (Amendment) Act 2002 SI 32 of 2002 Planning & Development Regulations 2002 (SI 70 of 2002) 2002 Act Planning & Development Regulations 2003 SI 90 of 2003 Planning & Development Regulations 2005 SI 364 of 2005 Planning & Development Regulations 2007 SI 83 of 2007 Planning & Development (No.2) Regulations 2007 SI 135 of 2007 Planning & Development Regulations 2008 SI 235 of 2008 RIAI PLANNING METHODOLOGY AUGUST /14