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FAQ
Frequently Asked Questions
UNAUTHORISED DEVELOPMENT Q: What can I do if there is an unauthorised development in my area? A: Write to the 'Enforcement Officer' and/or the County Manager in the local authority. Anyone can report an unauthorised development and is entitled to a response from the local authority within a specified timeframe allowed for in the Planning Acts. An Taisce would like to be copied with any such complaint/report regarding unauthorised development, which should include photos, a detailed map marking the site and and a description of the development. Action: An Taisce may then write to Local Authority. GENERAL PLANNING ISSUES Q: How do I lodge a planning submission/objection/observation? A: A submission/objection must be received by the Local Authority within 5 weeks of date of lodgement of the planning application. For 'step by step' guidance with regard to writing a submission/objection, please see www.planningmatters.ie or go directly to http://www.planningmatters.ie/needhelp/index.shtml . Action: An Taisce may submit an observation where the application has been referred to An Taisce, that is, if the application affects nature conservation or special amenity areas, protected structures, sites of heritage interest, national monuments, and/or applications accompanied by an ‘EIS’ (Environmental Impact Statement). Q: How do I lodge an appeal? A: You can appeal a decision of a local authority to An Bord Pleanala only if you have been involved in the planning process at local authority level, i.e. if you have lodged a submission with regard to the development in question within the five week period mentioned above and received a written acknowledgement from the planning office. For the appeal to be valid, it has to be accompanied by the acknowledgement. For 'step by step'guidance, go to An Bord Pleanala's webpage 'a guide to making a planning appeal' at http://www.pleanala.ie/appealpack/howtomake.html . Q: A planning application has been granted which has a significant effect on an individual who did not lodge a submission/objection within the statutory time frame of five weeks. A: This individual can apply to An Bord Pleanala for 'Leave to Appeal'. Q: A planning application has been granted which should have been but was not referred to An Taisce. A: Provide An Taisce with the planning reference number of the planning application and the grounds for referral. Action: An Taisce may request referral from the Local Authority. GENERAL COMPLAINTS TO A LOCAL AUTHORITY Q: Process for making a complaint? A: A written complaint is necessary (a complaint has no status unless it is put in writing and signed). Address it to the Enforcement Officer in the Planning/Enforcement Section of your Local Authority and the County Manager. If you don't receive a satisfactory answer or none at all, you may make a complaint to the ombudman, Ms. Emily O'Reilly (for more details go to http://ombudsman.gov.ie/en/MakeaComplaint/ , or go directly to the office of the ombudsman's online complaint form at http://ombudsman.gov.ie/en/MakeaComplaint/OnlinecomplaintForm/). Q: Site Notices A: The statutory time period of five weeks for lodging submissions/objections to the local authority starts on the date on which the applicant has lodged her/his planning application to the local planning office and NOT on the date the site notice was errected. The site notice must be put up during the two weeks PRIOR to the date of lodging of the planning application and must remain for six weeks, see Statutory Timeframe Table. PROTECTED STRUCTURES Q: What is the procedure to get a building listed? A: Anyone can propose a building or site for inclusion in the 'Record of Protected Structures'; for a detailed outline with retard to procedure please go to 'How May I Seek Scheduling of a Building or Site as a Protected Structure?' in the Architectural Heritage section of our website. Q: Where do I find the list of protected structures already listed? A: Each local authority maintains a register of buildings already listed, some County Councils have this information on their website also. Ask/look for the 'Record of Protected Structures'. GRANTS FOR PRESERVING BUILDINGS Q: Seeking a grant for an old building? A: Contact your local authority, Heritage Officer and/or the Heritage Council (www.heritagecouncil.ie). DERELICT SITES/BUILDINGS Q: What can I do about a derelict site or building? A: The local authority can use their powers under the Derelict Sites Act to serve a 'repairs notice' on an owner. It is not often used except in cities and where the derelict site is in a terrace of housing units. FAQ with regard to An Taisce An Taisce... - The Boyne Navigation, Co. Meath - 6,500 acres of mountainside at Crocnafarragh, Co. Donegal - Land at Mullaghmore, the Burren, Co. Clare - The Gull Islands and Rough Island, Co. Donegal - Mongan Bog, Clonmacnoise, Co. Offaly - Kanturk Castle, Co. Cork - Tailors’ Hall, Dublin City - Howth Courthouse, Fingal County - Wildlife Reserve, Morehampton Road, Dublin City - Gort Weighhouse, Co. Galway - Booterstown Marsh, Co. Dublin - Oweninny Bog, Co. Mayo
TREES / HEDGES
Query: Cutting tress - (felling licences) etc.
Response: If tree is more than 30 metres from a building or outside of an urban area a felling licence is required. This is obtained through the forest service and An Garda Siochana. Felling a tree without this licence is an offence under the Forestry Acts.
Action: Contact the Gardai if suspected illegal action. Crann have published an excellent guide on trees and hedges in planning – legal issues on page 11-14. A copy of the booklet can be ordered from the Tree Council of Ireland: http://www.treecouncil.ie or http://www.crann.ie
Query: Time for cutting hedges?
Response: Under the Wildlife (Amendment) Act 2001 it is illegal to cut or grub a hedge during the nesting season, which is from the beginning of March until the end of August. There are certain exemptions under this Act, though there must be good reasons to cut during nesting season. Several Local Authorities have been prosecuted for unnecessary cutting during the nesting season.
Action: If hedge cutting (or removal) is taking place during nesting season get the location, time, and date, the name and details of the contractor; who the work is being contracted by (ie local authority or landowner), and contact your local National Parks and Wildlife Service Ranger (listed in the phone book). Advisable to follow up complaint with written details of event requesting response.
GRANTS FOR PRESERVING BUILDINGS
Query: Seeking a grant for old building
Action: Refer to Local Authority or the Heritage Council (www.heritagecouncil.ie)
DERELICT SITES
Query: What to do to about a derelict site
Response: Local Authority can use their powers under the Derelict Sites Act to serve Repairs Notice on owner. Not often used except in cities and where the derelict site is in a terrace of housing units.
An Taisce studying EIA for new route proposed for Bellanaboy Pipeline