The functions of the Mallow Town Council Planning Department include the Preparation and making of Development Plans, Special Local Area Plans, deciding on Planning Applications, Enforcement Action and Urban Renewal.

The Development Plan

This text is intended as a practical guide. It is not a definitive legal interpretation of planning law.

1. What is the Development Plan
   

   The Development Plan is the main public statement of planning policies for the local community.  It sets out the land use, amenity and development objectives and policies of the Planning Authority, for a 6 year period.  The plan consists of a written statement of objectives and a map or series of maps.

2. What is in the Plan
   
   The plan includes objectives for:
   
   • Development and renewal of obsolete areas
   • Preserving, improving and extending amenities
   • Provision of water supplies and sewerage services, waste recovery and disposal facilities
   • Zoning of areas for residential, commercial, industrial, agricultural etc. purposes
   • Provision of services for the community (eg. Creches).

   Development Plans will also usually include development objectives relating to the control of use of buildings, community planning, reservation of land, preservation, conservation etc.

3. How does the Plan affect me?

   The Development Plan is a blueprint for the planning and development of your area for the next six years.  For example, it sets out where roads, water supplies, sewerage are to be provided and it zones land for particular purposes (housing, shopping, schools, factories etc.). This will affect what type of buildings can be constructed and the use to which land can be put.  It affects many facet of daily economic and social life- where you can live, what services are available and where developments with job opportunities are to be sited.

4. Does the Plan affect planning applications?

   All planning applications are measured against the Development Plan to assess their conformity with the Plan's objectives and development permitted must normally be in accordance with the Plan.

5. What is the effect of zoning?

   When land is zoned for a particular type of development in the Development Plan, this is a clear indication that a planning permission for this form of development may be obtained. Zoning may also indicate restrictions on development eg. A low number of houses per hectare, certain types of industry only) and permitted development will be limited accordingly.

6. What protection can the Development Plan give?

   The plan may list for preservation, particular natural amenities (views, trees, landscape etc.) and particular buildings, features or sits of artistic, architectural or historic interest.  Development proposals which might alter or interfere with any of these amenities will be restricted and works which might otherwise be exempted development will require planning permission.

7. Who makes the Plan?

   The making, reviewing an varying of the Plan is a function reserved for the elected Members (ie. Councillors) of the Planning Authority.  It is their duty to adopt the Plan with the technical help of their officials (the Manager, Planners, Engineers, etc.) and following extensive public consultation.  If the elected Members fail to make a Plan within the statutory 6 year period, the Manager must make a Plan.

8. How often is the Plan Made?

   The law requires that the Planning Authorities must commence a review of the Plan within four years and make a new Plan every 6 years.

9. How does the Review Process Work?

   The Planning Authority officials prepare a Draft Plan on a detailed survey and analysis of the area and on the submissions from the public and from public and local bodies.  Following approval of this by the Councillors (by majority vote) it is put on public display for at least 10 weeks in the Planning Authority Offices.  Any person may comment on this draft.  All comments are taken into consideration by the Councillors, who may change the draft plan based on the Manager's Report or their own views.  If the Draft is materially altered (i.e. significantly changed), the amendments go on further public display for at least 4 weeks, during which time fresh public comment may be made on these changes.  Following consideration of any new comments, the Plan is formally adopted by the Councillors and becomes the official Development Plan for the area.

10. How will I know when the Plan is being reviewed?

    The Planning Authority is required to public notice of its intention to review its Plan.  The public can comment on the review of the Plan.  When a Draft Plan is going on display, the Planning Authority puts a notice in a listed newspaper circulating in the area stating when and where the Plan can be seen.  The owner or occupier of structures or features, or rights of way, listed in the Plan for preservation will be notified personally.  The same public notice requirements apply to any material alteration of the Draft Plan.

11. How do I make an objection or representation?

    Any person, even if not living in the Plan area, can make written objections or representations to the Planning Authority during the review and display periods.  In addition, the Planning Authority may invite the public to state its case orally to a person appointed by the Planning Authority - usually an official.  These procedures apply equally to public displays of the Draft Plan and any changes to it.  It is also open to people to make their views known to their local Councillors if they so wish.  Remember the Development Plan is your Plan and you have a right to a say in the future planning and development of your locality.

12. Can I see the Plan at any time?

    When a Development Plan is formally made the Planning Authority puts a notice in a locally circulating newspaper.  The Development Plan is then available for public inspection during offices hours at the Planning Authority Offices.

13. Can I get copies of the Plan?

    Yes. Copies of the entire Plan or extracts from it may be purchased from the Planning Authority at a reasonable cost.  As Plans differ in size, use of colour, number and size of maps, the cost of making copies will differ from area to area.  In addition, many Plans may be accessed from the relevant Planning Authority's website. 

14. Can the Plan ever be contravened?        
    
    The Planning Authority is obliged to secure the objectives in its Development Plan. While an individual planning application may not comply with the objectives of the Development Plan, it might still be in line with the proper and sustainable development of the area.  The Planning Authority may then decide to permit it as a material contravention of the Plan, following public consultation.  In this case the Planning Authority must publish notice of its intentions in a locally circulating newspaper.

    Direct notice is given to the applicant and to any person who has made written objections to the application.  Any person may make objections or representations to the Planning Authority within 4 weeks of the public notice. All these comments must be considered by the Planning Authority.  In order to pass a resolution to grant permission in such cases, three quarters of all Councillors must vote in favour.  If the Local Authority wishes to undertake development of its own which would contravene the Plan, it must review the Plan and follow the procedures set out at Question 9 above.  This review and revision of the Development Plan by the Planning Authority must be carried out in addition to the public consultation procedures required for development by Local Authorities, or, where applicable, consultation required under Environmental Impact Assessment procedures.

15. Should I get involved in the Development Plan?
    
    Yes.  The Development Plan is your Plan and will affect you in numerous ways over its 6 year lifetime.  There are extensive opportunities for public involvement in the Plan making and review process, either personally, through voluntary bodies such as residents' associations, or through your elected representatives.  The Plan is a public documents shaped by at local democratic process.  It is an important area of Local Government where you can help shape your own locality and make a contribution of behalf of the Local Community.

    The Law Governing the Planning System is set out in the Planning and Development Act, 2000 - 2002 and the Planning and Development Regulations, 2001 to 2006.
    
    The Review of the Mallow Town Development Plan 2004 and the Making of a New Development Plan has commenced.  The initial public consultation process has been completed and it is intended that the Draft Development Plan will be published in ?????.   It will be placed on public display for the required 10 week period and will be available on this website also.

Special Local Area Plan

1. The National Spatial Strategy identified nine towns or pairs of towns as

   "Hubs" to enable the positive effect of the Gateways in the regions to be extended to the areas in-between and also to provide a link to the rural parts of the region.  This important document provided the framework for the preparation of this Special Local Area Plan for Mallow as Cork's "Hub" town.

2. This Plan sets out a detailed framework for the future development of the Mallow area to 2020 and beyond and marks the outcome of a lengthy process of public consultation and engagement by the Elected Members of both Mallow Town and Cork County Councils.

3. The Council adoption of this Special Local Area Plan marks an important milestone in the joint efforts of both Mallow Town Council and Cork County Council to establish a framework for the future development of Mallow as a "Hub" town.  This Special Local Area Plan exceeded the level of public consultation normally required in the preparation of Local Area Plans from the outset and this allowed for a broad range of interested individuals, groups and organisations in the County to put forward their views and ideas on the future development of Mallow and also to address how future challenges should  be tackled.

4. We are confident that this Plan will guide the future growth of Mallow as a

Vibrant and self-sustaining town and will make an important contribution to the sustainable growth and development of the town into the future.

Check here to view the Special Local Area Plan.

A Guide to the Planning Process

You may wish to build or extend your house or a neighbourhood development is taking place that may affect you. Either way, you wish to know more about how the planning system works. This is a simple guide to understanding it.
This is intended as a practical guide. It is not a definitive legal interpretation of planning law.

When Planning Permission is Required
Generally, you need planning permission for any development of land or property, unless the development is specifically exempted from this requirement. The term 'development' includes the carrying out of works (building, demolition, alteration) on land or buildings and the making of a material, that is significant, change of use of land or buildings.

Exempted Development
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. There are usually certain thresholds relating to, for example, size or height. Where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemptions is to avoid controls on developments of a minor nature, such as small extensions to houses.

Types of Planning Permission
There are three types of planning permission. An application may be made for:

1.   Permission
2.   Outline permission
3.   Retention

The most common type of application made is for permission, sometimes referred to as full permission. There are circumstances when you may want to make an application for outline permission, such as when you want to see whether the planning authority agrees with your proposal in principle before you go to the expense of making detailed plans. If you obtain outline permission, you must obtain full permission before starting work. In most cases, a subsequent application for permission must be made within three years of the date of grant of outline permission. However, outline permission cannot be sought for retention of a structure, works to a protected structure or a proposed protected structure or developments requiring an environmental impact assessment, integrated pollution control licence or waste licence.

Getting Planning Permission
You get planning permission from the planning authority in your local area. A fee is payable with an application for planning permission. Fees for different classes of development are listed with the application form. You must pay the correct fee with your application, as the planning authority is prohibited by law from deciding an application until the fee is paid. Voluntary organisations may qualify for an exemption from the fee.

Length of Time
The length of time it takes to get planning permission is affected by the completeness of the application and by whether or not there is an appeal. Generally, a valid application will be dealt with by a planning authority within twelve weeks, from the date the application is made to the final granting of permission. However, the period can vary, particularly if the planning authority seeks further information from the applicant (which must be done within the first eight weeks).
The planning authority then has four weeks from the day the further information is received to make a decision on the application. The following table illustrates the timescale involved in most cases.

An appeal may take longer than an application to decide, but An Bórd Pleanála has an objective to decide appeals within 18 weeks of receipt of an appeal. For more information on Appeals click on to An Bórd Pleanála Web Site www.pleanala.ie

Consulting the Planning Authority
You do not have to consult the planning authority before making a planning application, but it is often advisable to do so where you are unsure of local planning policies and application procedures. Depending on the type of development, you may need to discuss connections to the public water supply and sewer. The larger the development proposal, the greater the need for prior consultation.

Local Planning Policies
The development policies and objectives of the planning authority are contained in the local development plan. You can view the plan at any time during office hours at your local authority offices and local libraries. Copies and extracts from the plan are available at a reasonable cost from the planning authority.

Making a Planning Application
Forms and information are available from the planning authority. You may also download a Planning Application form from the Website. Your application will be acknowledged and placed on the Planning Register in the planning authority offices, for public inspection. It will also be included on the lists of planning applications displayed in council offices, public libraries and circulated to certain interest groups. The lists will also be available on this web site. A planning authority official will usually inspect the development site. You may be asked to make an appointment to allow access.

Incomplete Applications
If your application is in any way inadequate or lacking in the required documentation, it will be invalid and returned to you. The statutory eight-week period for deciding the outcome of the application begins from the time you submit a valid application with the required information in full, pay the correct fee and give appropriate public notice of the application.

Public Submissions
Any person can see a copy of your application and make written submissions or observations. This must be done within five weeks of the making of the planning application and on payment of the appropriate fee, to the planning authority. The planning authority must consider public submissions when determining a planning application.

Planning Authority Decisions
In making their decisions, planning authorities take a number of matters into account, including the following:

Proper planning and sustainable development of the area, for example, appropriate land use (zoning), road safety, development density, size, location and adherence to established planning and development practices.

• The planning authority's own development plan.
• Government policy.
• The provision of a Special Amenity Area Order.
• Any European site, such as Special Areas of Conservation and Special Protection Areas.
• Submissions and observations made by members of the public on the application.
• Non-planning issues may also be taken into account, such as boundary and other disputes or questions that are more properly resolved through legal means.

Granting of Permission
The decision to grant permission, with or without conditions, will be notified to you and to anyone who commented on the application. You receive a notice of intention to grant permission. During a period of four weeks, beginning on the date of the making of this decision, you or anyone else that has made a submission or observation on the application and has paid the appropriate fee may appeal it to An Bórd Pleanála.

Where there is no appeal, the planning authority will formally grant permission at the end of the appeal period. You must not commence work until you receive this notification. If the decision is appealed, you will receive from An Bórd Pleanála either the granting of permission, with or without whatever conditions considered appropriate, or refusal of permission. Where the planning authority decides to refuse your application, its reasons will be included in the notification sent to you. The same period of four weeks for appeal will apply.

Conditions
Planning permission may be subject to certain conditions, which will be listed on the decision. These may require changes to your proposal. Examples of such changes are new arrangements for the disposal of surface water; revised height, colour or material for boundary walls; or improved landscaping of the site.

You may also be required to make a contribution to the local authority for services such as water, sewerage, road improvement, public lighting, and amenities. These contributions differ from place to place and for different types of development. You must comply with all of the conditions attached to the permission and finish work in accordance with them. Even if you have more than one permission for a site, you cannot pick and choose the conditions that suit you best.

Duration of Permission
The standard duration of planning permission (permission or outline permission) is five years from the date of the granting of the permission by the planning authority or An Bórd Pleanála. In certain circumstances, the planning authority may extend the life of a planning permission, but only where the following conditions apply:

• Substantial works have been carried out during the lifetime of the permission.
• The planning authority is satisfied that the development will be completed in reasonable time.

If planning permission expires and you apply for a new permission for the same development, the planning authority may refuse permission or attach significantly different conditions. This can happen if planning policies or the requirements for the proper planning and sustainable development of the area have changed in the interim.

Copies of Planning Applications
Planning authorities are required to sell, on request, copies of any part of a planning application file at a fee not exceeding the reasonable cost of making a copy. This includes plans or other drawings and photographs. Any documents for sale will be available while they are open for public inspection.

Enforcement
The enforcement of planning decisions is the responsibility of the planning authority, which has wide enforcement powers to ensure development is carried out in conformity with planning permission and to halt and rectify unauthorised development. However, any legal action must be started within seven years of the breach of the planning laws taking place.
Care should be taken to ensure that each condition of a permission is fully complied with, in order to avoid incurring such action, and also to avoid difficulties when the property is being sold at a later date. See the section on rectifying a planning error below.

Stopping Unauthorised Development
If you think somebody is developing or using land without, or contrary to, planning permission, you should contact the planning authority in writing. The planning authority will issue a warning letter to the person carrying out the development. They will investigate the matter to determine if an enforcement notice should be issued.

Any person may apply in either the Circuit or High Courts for an order restraining unauthorised development or use of land, or requiring compliance with planning permission. Court orders can, depending on the circumstances, be obtained at extremely short notice, and the courts will ensure compliance with any order made.

Penalties for Breaches of Planning Law
It is an offence to undertake any work needing permission without that permission. Planning authorities have powers to stop unauthorised development, and this can be a costly experience for the offender. You may be required to rectify any unauthorised works, and will have to pay whatever costs are involved. On conviction in the District Court, fines of up to €1,905 can be imposed, together with fines of up to €507 per day for continuing offences or to a term of imprisonment of six months. On conviction in the higher courts, the maximum fine is €12,700,000 (€12,700 per day for continuing offences) and up to two years imprisonment, or both.

Rectifying Planning Errors
Genuine mistakes can be made in relation to the need for planning permission. If you undertake unauthorised development, you may apply for permission to retain it. However, this approach should not be relied upon to avoid seeking planning permission before starting work, as you may not necessarily be granted permission for retention or be required to carry out costly modifications.
           
The application fee for retention is also three times the fee for an application made before development starts. Permission for retention does not automatically absolve you from prosecution if enforcement action has already been taken against you. If you are buying property, check that the building itself and any extensions or alterations to it have proper planning permission or are exempt from planning permission. You, as the new owner, may be liable to enforcement action.

Other Approvals
You will not be entitled solely by reason of planning permission to carry out your proposed development. You may need other approvals, depending on the type of development. For example, all new buildings, extensions, alterations and certain changes in the use of existing buildings must comply with building regulations, which set out basic design and construction requirements. Non-residential developments will probably require a Fire Safety Certificate under the regulations. You may also need permission if making a connection to a public water main or sewer.

Further information may be obtained from Mallow Town Council's Planning Department at the following address:

Mallow Town Council,
Planning Department
Town Hall
Mallow
Co. Cork

The law governing the planning system is set out in the following legislation, which you can access by clicking on the links:
Planning and Development Acts, 2000 and 2001
Planning and Development (Amendment) Act, 2002
Planning and Development Regulations, 2001

These may also be purchased from:

Government Publications Sales Office,
Sun Alliance House,
Molesworth Street,
Dublin 2,
Tel: (01) 6476995/4

Planning and Development Legislation
For information on legislation please visit: www.environ.ie