After the Planning Process

Development Contribution Scheme

Section 49 of the Planning & Development Act, 2010 (As Amended) enables a Planning Authority, when granting a planning permission under Section 34 of the Act, to include conditions requiring the payment of a contribution. This contribution is in respect of public infrastructure and facilities benefiting development in the area of the Planning Authority and that is provided, or that is intended to be provided, by or on behalf of the Local Authority (regardless of other sources of funding for the infrastructure and facilities). These include the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, sewers, waste water facilities, drains or water mains, the provision of open spaces, parks, community facilities and amenities and landscaping works etc.

It is advisable to check the current Limerick City Council Development Contribution Scheme 2011 (As Amended, 6th October 2010) (2,544 Kb) prior to making a planning application as to the charges due.

Commencement Notice

On receipt of a final grant of permission, should you wish to commence development you are required to lodge a Commencement Notice, pursuant to 1997 Building Control Regulations, to the Building Control Authority (notices shall be submitted to the Fire Authority, Fire Station, Mulgrave Street, Limerick).

Notices should be submitted not less than 14 days and not more than 28 days before the commencement of such works. It is probably preferable to define works as the first physical act of construction. The notice must be accompanied by a fee of €30.00.

Subject to exemptions, commencement notices are required for:

  • The erection of a building.
  • The material alteration or extension of a building.
  • The material change of use of a building.
  • Works in connection with the material alteration (excluding minor works) of a shop, office or industrial building.

You do not need to send in a commencement notice for works or a change of use which are considered exempted development under the planning code, and for which a Fire Safety Certificate is not required.

The primary responsibility for compliance rests with designers, builders and building owners. Building Control Authorities have power to inspect design documents and buildings, as well as powers of enforcement and prosecution where breaches of the regulations occur.

There are heavy penalties, including fines and imprisonment for breaches of the regulations. In addition, when it comes to selling your property, you may have difficulties if you cannot satisfy the purchaser's solicitor that the requirements of the regulations have been met. 

Planning Permission Duration

The standard duration of a planning permission is:

  • Full Planning Permission: 5 years from the date of the granting of the permission by the Planning Authority or An Bord Pleanála 
  • Outline Planning Permission: where outline permission has been granted by the Planning Authority or An Bord Pleanála, any subsequent application for permission consequent on the grant of outline 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). The outline permission will cease to have effect at the end of the above period unless the subsequent application for permission consequent on the grant of outline permission is made within that period. 

Extending the Appropriate Period of a Planning Permission

In accordance with Section 28 of the Planning & Development Act 2000-2010 (As Amended) and Regulations made thereunder, the Planning Authority may, in certain circumstances extend the life of a planning permission by completing a F2 - Application for Extension of Planning Permission (219 Kb). This is provided that the application is made in accordance with regulations made under the Act and the Authority is satisfied in relation to the permission that:

  • The development to which such permission relates commenced before the expiration of the appropriate period sought to be extended, and
  • Substantial works were carried out pursuant to such permission during such period.
  • The development will be completed within a reasonable time.
  • Or, the Authority must be satisfied that there were considerations of a commercial, economic or technical nature beyond the control of the Applicant, which substantially mitigated against the commencement of development or the carrying out of substantial works pursuant to the planning permission.
  • Where there have been no significant changes in the development objectives in the Development Plan or in the Regional Development objectives in the Regional Planning Guidelines for the area of the Planning Authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area, that the development would not be inconsistent with the proper planning and sustainable development of the area having regard to any guidelines issued by the Minister under Section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section,
  • Where the development has not commenced, that an Environmental Impact Assessment, or an Appropriate Assessment, or both of those assessments, if required, was or were carried out before the permission was granted. 

Bond/Financial Contribution

To ensure the satisfactory completion of development, including the protection of trees, on a site which has been the subject of a grant of planning permission, a bond or cash lodgment may be required until the development has been satisfactorily completed. 

The Planning Authority may attach a condition to the planning permission requiring the lodgment of a cash sum or an insurance company bond which will be called upon to carry out any works required in the event of a developer failing to complete the development to the required standard.

The current Bond requirement is €40 per m².
Example calculation of Bond Levy for development of ten housing units where gross area of a single unit is 200m²
200m² per unit x €40 = €80,000

It is the policy of the City Council to ensure that all bonds remain in place until the development is completed to the satisfaction of the Planning Authority as per the condition of planning. The bond or cash lodgment may be sequestered in part or in its entirety where the development has not been satisfactorily completed.  

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Last update:22/06/2011

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