PLANNING AND DEVELOPMENT

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FORMS : (The forms listed below will open in a separate window)
Planning Application Form
Licence for Opening the Public Roads and/or Public Footpaths

A total of 123 planning applications were received by Wexford Corporation in
1997.
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The total number of planning applications granted during 1997 amounted to 69.
8 applications were refused.
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16 of the above applications were for planning exemption letters.
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Public Awareness and Participation
The rights of the public to be informed, to be protected, and to be consulted have
long been enshrined in the Planning Acts. During 1997, the public continued to
exercise those rights through examining planning applications files, and of
course, appealing decisions of the Wexford Planning authority to An Bord
Pleanala.
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Appeals to An Bord Pleanala in 1997 amounted to 3.
1 appeal was withdrawn.
In 2 cases the decision of Wexford Corporation was upheld.
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Development Plans
The development plan is currently being reviewed by the National Building
Agency.
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The current development plan is the Development Plan for Wexford Town and
Environs 1993 adopted by Wexford Borough Council and Wexford County Council
on 11th, January 1993.
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When do I need planning permission?
Generally, you need planning permission for any development of land or property
unless the development is specifically exempted from this need. 
The term development includes the carrying out of works (building, demolition,
alteration) on land or buildings and the making of a material (i.e. significant)
change of use of land or buildings.
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Are there different types of permission?
Yes. There are three types of planning permissions. An application may be made
for:
          Permission
          Outline permission
          Approval
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The commonest type of application made is for permission, sometimes referred
to as full permission. But there are circumstances when you may want to make
an application for outline permission, if, for example, you want to see whether
the planning authority agrees with your proposal in principle before you go to the
trouble of making detailed plans. However, if you obtain outline permission, you
will have to submit exact details and drawings and get approval before starting
work.
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How much will planning permission cost?
A fee is payable with an application for planning permission. Fees for different
classes of development are listed with your application as the planning authority
is prohibited by law from deciding an application until this is paid.
Voluntary organisations may qualify for an exemption from the fee.
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How do I make a planning application?
Forms and information are available from the planning authority.
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What happens next
Your application will be acknowledged (within a few days) and be 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.
A council official will usually inspect the development site; you may be asked to
make an appointment to allow access.
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Can people comment on my application?
Yes. Any person can see a copy of your application and make written
submissions or observations to the planning authority on any planning aspect of
it. These must be considered by the planning authority when determining your
application. There is no fee for making such a submission or observation.

How is the decision make?
In making the decision, the planning authority takes a number of matters into
account, including:
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          the proper planning and development of the area (e.g. appropriate land
              use(zoning), road safety, development density, size location, adherence
              to established planning and development practices).
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          Their own development plan.
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          submissions and observations made by members of the public on the
              application.
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It may not take non-planning issues into account e.g. boundary or other
disputes, questions more properly resolved through legal means, etc.
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How will I know permission has been granted or not?
The decision to grant permission, with or without conditions, will be notified to
you, and to anyone who commented on the application. What you get is a notice
of intention to grant permission. During a period of one month beginning on the
date of making of this decision, you or anyone else may appeal it to An Bord
Pleanala either the grant of permission, with or without whatever conditions the
Board considers appropriate, or if the Board decides, refusal of permission.
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Where the planning authority decide to refuse your application, their reasons will
be included in the notification sent to you. The same period for appeal (1 month)
will apply here also.
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Are there penalties for breaches of planning law?
Yes. 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 1,000 can be imposed together
with fines of up to 200 per day for continuing offences. The District Courts also
have power to impose prison sentences of up to 6 months. On conviction in
higher Courts, the maximum fine is 1,000,000 (10,000 per day for continuing
offences) and up to 2 years imprisonment.
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The law governing the planning system is set out in the Local Government
(Planning and Development) Acts, 1963 to 1993 and Local Government (Planning
and Development) Regulations, 1994. These may be purchased from the
Government Publications Sales Office, Sun Alliance house, Molesworth Street,
Dublin 2. Telephone (01) 6613111.

Please note that the law may be updated from time to time.