Declan Noonan & Associates

Planning Application
People tend to fear the planning permission stage. We hear stories of cousins or neighbours stuck in a planning row for months, sometimes years. In our experience, most of this is either highly exaggerated or is a result of a poorly motivated planning agent or an inadequate application, lacking in the basic facts necessary for the planning authority to grant permission.

Before appointing an agent to act on your behalf you should question whether or not they are suitably qualified. Many self styled planning consultants possess little or no professional qualifications. A lack of planning expertise can jeopardize the success of your planning application or appeal. It can lead to unnecessary redrafting of drawings and costly changes during the construction stage if the structure is not properly designed and specified. Ensure any agent working on your behalf has appropriate indemnity insurance.

By appointing Declan Noonan & Associates you can be confident in the knowledge that we have the necessary professional qualifications, and experience to provide you with a proficient planning solution. We are also fully insured to protect your interests.

The planning authorities in the main are very fair, especially in Co Kerry and Co Cork. However, to gain their respect, you must respect the planning system by preparing the best possible planning application. Give the authority every opportunity to grant you permission. Use a professional organisation like us to avoid the pitfalls of an unsuccessful application.

There are three strands to an exemplary planning application. The first is creating an excellent presentation, which includes completing the appropriate forms and ensuring every box is ticked.  The second is ensuring that all the technical content is correct and presented in a clear format. This includes top quality drawings, as well reports completed to a high standard. Finally, have a clear reasoning behind why you should get planning. This makes your application very difficult to refuse.

Declan Noonan & Associates have been dealing with the planning authorities for many years.  Our vast experience and training means that we are familiar with the trends and styles that are in favour with the planning authorities. Our record of getting planning permission granted for different projects is exemplary. And on the very rare occasion that we do get a refusal, we see this merely as a hurdle to jump along the way in getting you planning permission. Through negotiation, revision and effective communication with the planning authority often those refusals can be overturned.

We can manage the entire process for you from pre-planning consultations to being granted approval. The likelihood of being granted planning depends on how you approach it from the very beginning. We are experts in formulating successful planning applications and developing a strategy to secure your planning permission in a timely and cost effective manner. If you fail to plan then you plan to fail; therefore having a well thought out strategy in place before your formal submission is vital. We can design an appropriate strategy that meets your exact situation and proposal. Successful planning applications require a confident understanding of planning legislation, planning policy and planning guidelines. Ensure your application is dealt with appropriately and contact us to talk about your planning application.

Of course there are other facets to our planning expertise.

Planning Submissions or ‘Planning Objections’
Anyone in Ireland has the right to see a planning application made to a local authority. You also have the right to make a written submission or observation on the application. This is commonly known as ‘objecting’ in Ireland. Declan Noonan & Associates can help you put together your written submission commenting on a planning permission application and submit it to the relevant authorities. We will examine all angles of the planning application and look at all the ways in which the proposed building will impact on you. We will put together your case in a well presented and clearly reasoned argument that covers all aspects of the planning application. Our thorough approach ensures your submission will be taken seriously by the local authority.

Time constraints are also a factor to consider when sending in a submission to the planning authority. Planning submissions must be made within five weeks of the date of receipt of the planning application by the local authority. Therefore, acting quickly is crucial in order for us to put together the best submission/objection possible.

Furthermore, if you do not make a submission or an objection to the local authority, you cannot make a submission to An Bord Pleanála. If you have any concerns at all about a proposed development, our advise is to make a submission to the local authority. You then have options regardless of how the planning application develops. No submissions means no voice.

However, we do advise that all submissions or comments must be factually correct and relevant. The planning authority will simply ignore any submission that is not presented correctly. Getting the professionals here at Declan Noonan & Associates to make the point on your behalf will increase your chances of getting your point across and having your point taken on board by the planning authority.

Response to Submissions or Request for Further Information
Declan Noonan & Associates can handle all aspects of the planning process including responding to a submission or someone ‘objecting’ to your planning application or a request for Further Information by the Planning Authority. If some one has made an observation or objection to your planning application or a Further Information Request has been served and you feel your current planning agent is not up to the situation or is not experienced in this area, give yourself every opportunity and call in the planning experts. We will be more than happy to respond to what is called a 3rd party observation on your application. We have many tactics to deal with any submission and we feel you can benefit from our expertise. Don’t take the chance. Give your application every chance of success. If we are on your side you can be assured every avenue will be explored and any deficiencies in your proposals addressed.

We also undertake re-zonings submissions, development plan variations submissions, and local area plan submissions.

Planning Appeals – An Bord Pleanála
If you are unhappy with a decision by your local planning authority against your planning application, you can appeal that decision to An Bord Pleanála for a second opinion. If you appeal a decision to An Bord Pleanála, the local planning authority decision is set aside and every aspect of your application is viewed afresh. Every appeal must follow a very strict procedure. It is very common for an appeal made by an inexperienced individual to be refused validation and rejected by An Bord Pleanála because the strict procedure was not adhered to. It is advisable to get some expert help when submitting an appeal.

Launching an appeal with An Bord Pleanála is a serious step, as it is really your last resort. Consult with Declan Noonan & Associates and we will assess all the elements of your refusal. We will advise you on what is the best course of action for you. This may not be to launch an appeal straight away. It may be more beneficial to examine the grounds for refusal and submit a new application to the local planning authority. Either way, put our expertise and experience to work for you, so you can be assured your appeal will have the best possible chance of success.

Local Area Plans & Development Plans
If you are a property or land owner you should have an interest in the preparation and creation of Development Plans and Local Area Plans for your locality. You should seriously consider making a submission. If your submission is valid and considered worthwhile, it will be incorporated into the plan ensuring that, for the lifespan of the plans, your idea will be an objective of the plan and any proposed development contrary to your objective will not be permitted.

A development plan sets the agenda for the development of the local authority’s area over its six year life span. Development, whether it be residential, industrial, commercial or amenity, must generally take place in accordance with the development plan. The plan is therefore a blueprint for the economic and social development of the city, town or county for which it has been made

A Local Area Plan is a programme that co-ordinates the efforts of local residents, local businesses, builders/developers and cultural organisations with the aim of enhancing the quality of life for everyone. As part of the preparation process surrounding a local area plan or a development plan the public are asked for submissions on which the plans should be based. If you fail to make a reasoned submission to the preparation of these plans you have no voice and your proposals can be ignored.

We can quickly assess your situation and give you an honest appraisal of your situation and you an opinion as to how we see the situation concluding. If we feel we can’t add value to the situation we will not get involved.

Planning Enforcement
Planning Enforcement is a complicated and litigious matter if not dealt with promptly and appropriately. If you are in difficulty and have received a warning letter or an enforcement notice is issued against you, it is best advised to call in a planning expert to guide you. A planning expert will help you follow the law and avoid costly legal action.

Declan Noonan & Associates can review your case and advise and guide you through the process of regularising any planning breech. We can provide a practical, cost effective solution to your problem. We will be the face to the action. We will deal with all correspondence and meetings with the planning authority in negotiating a solution. In the limited number of situations where a negotiated solution cannot be reached, we will manage the legal process for you providing legal and reasoned arguments to defend your position.

Extend Duration of Planning Permission
The time period for your planning permission was 5 years, however due to the Planning and Development (Amendment) Act you can now extend this period by a maximum of a further 5 years.  The Act alters the provisions governing the extension of the duration of a planning permission to facilitate the extension of a permission, which was not commenced due to ‘commercial, economic or technical reasons’.

This process is reputedly a straightforward one however, it can present many pitfalls. You can apply for the extension of time in the final year of the life the planning however, be aware of the dates of expiration on you planning. You need to be applying for the extension as soon as you are eligible to make the application, as the extension of planning can take up to 8 weeks for a response from the planning authority. Also the more time spent preparing the application the better the chance of success for your application.

We would strongly recommend you get the planning experts, here are Declan Noonan & Associates to manage the extension of time process for you. This will save you time, money and hassle. In our experience there are many issues that can result in the extension of time being refused, so it is best to have us advise you on the most appropriate course of action for you.

Agricultural Development
There is a perceived myth that the majority of agricultural development and farm building improvements are planning permission exempt. From reading the Department of Environment leaflet one would assume that the farm building you intend to build is planning permission exempt. The majority of exempt developments carry many sub-clauses that extinguish the planning exemption, leaving you at risk if you continue with your new shed or farm building. We recommend first checking whether your proposed agricultural building adheres to all the sub-clauses.