IRELAND Law and Practice Contributed by: Diarmuid Mawe, Craig Kenny, Katelin Toomey and William Fogarty, Maples Group
4.3 Regulatory Authorities The relevant local authority is the entity respon - sible for controlling land, building use and occu - pation. The Bord is responsible for the determination of planning appeals. Planning permission is required for any develop - ment of land or property unless the development is exempt from this requirement. Planning permission may not be required for certain non-structural works to the interior of a building or for works that do not materially affect the external appearance of the structure. How - ever, an application to the local authority for a Fire Safety Certificate or a Disability Access Cer - tificate may be required in accordance with the Building Regulations. The Building Regulations require a commence - ment notice to be lodged with the building control authority prior to commencing works, together with plans and specifications, a pre - liminary inspection plan and various certificates and notices. It is an offence not to submit a com - mencement notice, and failure to do so cannot be rectified at a later date. A certificate of com - pliance on completion must be submitted to and registered by the building control authority before the building or works may be opened, occupied or used. Certain licences may also be required, depend - ing on the type of property and the type of devel - opment proposed. 4.4 Obtaining Entitlements to Develop a New Project If the planning authority consents to an applica - tion for planning permission, it will issue a deci -
sion to grant planning permission and notify the relevant parties of its decision. An appeal of the decision can be submitted to the Bord within four weeks (such an appeal may be submitted by the parties involved or by third parties). The Bord has a statutory timeframe of 18 weeks from the receipt of an appeal in which to reach a determination. A new planning process was introduced in 2022 for Large-Scale Residential Developments. This process involves a pre-application stage, an application stage, and an appeal stage. The Bord must reach a decision on an appeal with - in 16 weeks (this may be extended in certain circumstances). Increased housing supply is a focus under “Housing for All”, the Irish govern - ment’s housing plan to 2030. 4.5 Right of Appeal Against an Authority’s Decision Anyone applying for planning permission or who has made written submissions or observations to the planning authority on a planning applica - tion can appeal a subsequent planning decision to the Bord; see 4.4 Obtaining Entitlements to Develop a New Project for further detail. 4.6 Agreements With Local or Governmental Authorities As outlined in 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law , the 2002 Act enables local authorities to enter into PPP arrangements with the private sector. Types of PPPs include: • Design-Build-Finance-Maintain PPPs, which may be used to provide schools and similar infrastructure where the public sector has use of the asset but does not require the private partner to provide the service – for example,
405 CHAMBERS.COM
Powered by FlippingBook