Some books for 2007 - bit of a US bias

Green Cities: Urban Growth And the Environment
By Matthew Kahn
Brookings Institution Press, 160 pagesBuy this book

How to Live Well Without Owning a Car: Save Money, Breathe Easier, and Get More Mileage Out of Life
By Chris Balish
Ten Speed Press, 216 pages

Buy this book

Jane Jacobs: Urban Visionary
By Alice Sparberg Alexiou
Rutgers University Press, 231 pagesBuy this book

Planet of Slums
By Mike Davis
Verso, 256 pages

Buy this book

Rebuilding Urban Places After Disaster: Lessons from Hurricane Katrina
Edited by Eugenie L. Birch and Susan M. Wachter
University of Pennsylvania Press, 400 pages Buy this book

Street Smart: Competition, Entrepreneurship, and the Future of Roads
Edited by Gabriel Roth
Transaction Publishers, 581 pages Buy this book

The Suburb Reader
Edited by Becky Nicolaides and Andrew Wiese
Routledge, 552 pages Buy this book

There Goes the ‘Hood: Views of Gentrification from the Ground Up
By Lance Freeman
Temple University Press, 248 pages Buy this book

This Land: The Battle over Sprawl and the Future of America
By Anthony Flint
The Johns Hopkins University Press, 310 pages Buy this book

Court date now looming for Georgian piles

Irish Indo from earlier in the week:

THE sale of two historic Georgian houses, which are potentially worth millions, for just €1 each has landed Dublin City Council in the High Court.
Number 3 and Number 14 Henrietta Street, Dublin, are among the most historically important Georgian properties in Ireland.
Six years ago Dublin City Council made a Compulsory Purchase Order (CPO) on the two houses under Section 22 of the 1999 Planning and Development Act, which allows the council to seize abandoned or neglected buildings.
But Marie Underwood - a Dalkey-based property owner - came forward to claim the two historic properties as hers and dispute the council's right to take them over. Now the matter is heading for the High Court.
"Basically the owner wants her houses back. Dublin City Council took a compulsory purchase order [CPO] on the two properties because they were in, from what I can understand, a pretty poor condition. The CPO notices were issued between transitional legislation that was no longer valid, so the owners are contesting it on a variety of grounds including constitutional," explains Donough Cahill of the Irish Georgian Society.
Since 2000 the matter has remained unresolved and in the meantime the council advertised the properties for sale at €1 each - with a condition that the new owners restore the houses to their original 1700s splendour.
The costly restoration would require the use of original techniques and materials such as oak roof joists, lime plaster and salvaged bricks. Conservation architects who are working on a nearby house on Henrietta Street estimate that it would cost €4m per house to restore them to their original grandeur.
Under the Derelict Sites Act, 1990, and newer legislation governing dangerous buildings, the local authority can get an order against the title-holder of a building, which can lead to statutory proceedings to get ownership. Urgent remedial repairs can be made by the local authority, for which the owner gets billed.
Alternatively, depending upon the individual circumstances, the owner may lose his house altogether.
"It all began in 2000 when it was thought advisable under Section 22 of the Planning and Development Act, 1999, to take a Compulsory Purchase Order to save the buildings. In 2001 we got approval from the Minister for the Environment, culminating in March 2002, when we took ownership," explained Al Devine, a spokesman for Dublin City Council.
"However, Marie Underwood, who owned the buildings, took proceedings and is contesting the CPO. The case is waiting to be heard in the High Court," he added.
The case is expected to be heard in the spring.
Marie Underwood and her late husband, Ivor Underwood, owned up to 70 historic Georgian properties in Dublin which they bought in the Sixties when developers and speculators were buying them up for demolition.
Henrietta Street, named after the Duchess of Grafton, dates from the 1720s and was laid out by Luke Gardiner, who is credited with turning Dublin into an elegant Georgian city.
The houses on the street are considered the finest examples of Georgian architecture ever built.

Locals protest at huge growth of Kenmare

From Irish Examiner:

A MAJOR protest against what is described as the overdevelopment of Kenmare — one of Kerry’s fastest growing towns — is planned for tomorrow.
At the centre of the latest controversy is the multi-million euro Peninsula project, which includes more than 300 houses, a large shopping area and a 200-space car park.
The project has been refused planning permission by Kerry County Council and an appeal has been lodged with An Bord Pleanála.
Local business people Peter and Fiona O’Sullivan and Neidín Developments, which is owned by a number of property developers in the area, are behind the development.
Kenmare Chamber of Commerce yesterday claimed existing infrastructure is under severe pressure and could not cope with a massive increase in development in the area.
“Only last year the town suffered all summer from the vile smell of raw sewage coming from the treatment system which was unable to operate to the capacity needed. The situation seriously affected the tourist season with horrified visitors leaving the town,” a chamber statement said.
“In the last 10 years the traffic congestion in Kenmare has intensified to the point of gridlock in peak season. There is a serious shortage of parking, areas for coach drop-off, and the ability to implement proper traffic flow conditions.”
The chamber said Kenmare people were not against development, but maintained the council’s resources were already too stretched to cater for the enormous increase in development in Kenmare.
Last summer, more than 300 people attended a meeting on the issue. People are again asked to attend tomorrow’s protest. Objectors argue Kenmare does not need the additional retail development of the size proposed.
They also say that such a development would add to the town’s traffic problems.
Developers say the traffic situation is related to on-street parking and would be eased by removing traffic from the street.
Neidín Development have also indicated their willingness to work with a committee set up by local residents.

Wind farm claims are a lot of hot air

From Irish Indo:

MOST wind farms are failing to produce as much electricity as predicted, according to a new independent study.
The damning report just published has been seized on by anti-wind farm groups claiming that giant farms are a waste of time and money and destroying scenic views.
They are now planning to contest key constituencies affected by dozens of giant turbines higher than the Spire of Dublin in the looming general election.
The British report, by the Renewable Energy Foundation, says many parts of the countryside are simply not windy enough to allow turbines to work efficiently.
The Renewable Energy Foundation is a charity set up to compare the efficiency of alternative energy technologies.
Its new report is being taken seriously because the foundation is recognised as an independent scientific body with no axe to grind. It based its study on more than 500 turbines currently in operation.
It found that wind farms in Wales are running at just 23.8 capacity and in Cornwall at 24.1pc. Other areas showed similar performances. The only area which hit the target was Southern Scotland.

Roche Gives Green Light for Phase 1 of the Arklow Water Supply Scheme

From Dept. of the Environment:

Ø Development of new groundwater sources to supply Arklow Town and Environs

Ø Wicklow County Council to advance scheme to construction

Mr Dick Roche, T.D., Minister for the Environment, Heritage and Local Government, today (14th December 2006) approved Wicklow County Council's contract documents for the development of 9 Production Wells under Phase 1 of the Arklow Water Supply Scheme.

"My approval of the contract documents now clears the way for Wicklow County Council to seek tenders and advance Phase 1 of this scheme to construction without delay", the Minister said. The estimated cost of the Phase 1 works is €2 million.

The Council is also advancing Phases 2 and 3 of the Arklow Scheme. Phase 2 involves upgrading the Ballyduff water treatment plant to increase capacity to supply the future needs of Arklow Town. Phase 3 will involve the development of additional water sources that should meet predicted demand in the Arklow area for the next twenty years.

"The Arklow Water Supply Scheme will cost in the region of €35m overall and is being funded from my Department's Water Services Investment Programme 2005 - 2007", the Minister said. "The scheme will greatly improve water services infrastructure in Arklow and environs and provide a solid platform for further economic and social development in the area for many years to come," added the Minister. "Given the importance of the scheme locally, I will be urging Wicklow County Council to get the tender process for Phase 1 underway as soon as possible".

The Arklow Water Supply Scheme is one of 18 water services schemes with a total value of over €191 million included in the Wicklow Water Services Investment Programme.

Local authorities urged to adopt 'green' procurement policies

From the Irish Times:

The Department of the Environment has told local authorities that they can take environmental considerations into account when assessing tenders for procurement projects.

In a circular issued last week, the department urged local authorities to consider how they could contribute to the protection of the environment and promote sustainable development while obtaining best value for money when awarding contracts.

It said that there were opportunities for local authorities, for example, to promote sustainability and energy efficiency when procuring social housing.

"Requests for tenders may encourage prospective tenderers to address environmental considerations when deciding on the particular materials they propose to utilise. It is worth noting that a range of environmentally sustainable systems and materials are increasingly being incorporated into public capital projects including: heating systems using solar panels, passive solar gain through appropriate orientation, geo-thermal heat sources, heat recovery systems, wood pellet boilers and materials such as timber framed windows certified from managed forest sources and modified cement products," the department circular stated.

Details of the circular were released by the department yesterday at a meeting of the Oireachtas Joint Committee on the Environment and Local Government.

The Department of the Environment said that it had started work on a new action plan for green procurement. This will look at issues such as targets.

It also rejected a contention made by Green Party deputy Ciarán Cuffe that the Department of the Environment did not have a green procurement policy.

Books to buy for Christmas 2006

The following urban design books are the most useful I have read. They are, in effect, seminal texts. Ask for them for Christmas!

Alexander, Christopher, A New Theory of Urban Design, Oxford University Press, New York, 1987.

Anderson, Stanford (editor), On Streets, MIT Press, Cambridge, Mass., 1991.

Appleyard, Donald, The View from the Road, MIT Press, Cambridge, Mass., 1964.

Bacon, Edmund N., Design of Cities, Viking Press, New York, 1967.

Barnett, Jonathan, An Introduction to Urban Design, Harper & Row, New York, 1982.

Barnett, Jonathan, The Elusive City: Five Centuries of Design, Ambition, and Miscalculation, Harper & Row, New York, 1986.

Baudrillard, Jean America, Verso, London, 1988.

Boyer, M. Christine, The City of Collective Memory: Its Historical Imagery and Architectural Entertainments, MIT Press, Cambridge, Mass., 1994.

Boyer, M. Christine, Dreaming the Rational City: The Myth of American City Planning, MIT Press, Cambridge, Mass., 1983.

Calthorpe, Peter, The Next American Metropolis: Ecology, Community and the American Dream, Princeton Architectural Press, New York, 1993.

Collins, George R. and Collins, Christine Crasemann, Camillo Sitte: The Birth of Modern City Planning, Rizzoli, New York, 1986.

Cullen, Gordon, Townscape, Reinhold, New York, 1961.

Duany, Andres and Plater-Zyberk, Elizabeth, Towns and Town-Making Principles, Rizzoli, New York, 1991.

Gandelsonas, Mario, The Urban Text, MIT Press, Cambridge, 1991.

Gosling, David and Maitland, Barry, Concepts of Urban Design, Academy Editions, St. Martin's Press, London and New York, 1984.

Jacobs, Alan, Great Streets, MIT Press, Cambridge, Mass., 1993.

Jacobs, Jane, The Death and Life of Great American Cities, Random House, New York, 1961

Katz, Peter, The New Urbanism: Toward an Architecture of Community, McGraw-Hill, New York, 1994.

Kelbaugh, Doug, editor, The Pedestrian Pocket Book: A new Suburban Design Strategy, Princeton Architectural Press, New York, 1989.

Kostoff, Spiro, The City Shaped: Urban Patterns and Meanings Through History, Thames and Hudson, London, 1991.

Krier, Rob, Urban Space, Rizzoli, New York, 1979.

Kunstler, James Howard, The Geography of Nowhere: The Rise and Decline of America's Man- made Landscape, Simon & Schuster, New York, 1993.

Lynch, Kevin, Good City Form, MIT Press, Cambridge, Mass., 1984.

Lynch, Kevin, The Image of the City, Technology Press & Harvard University Press, Cambridge, Mass., 1960.

Lynch, Kevin, A Theory of Good Urban Form, MIT Press, Cambridge, Mass., 1981.

Newman, Oscar, Defensible Space, MacMillan, New York, 1972.

Rasmussen, Steen Eiler, Towns and Buildings, MIT Press, Cambridge, Mass., 1949.

Reps, John, The Making of Urban America: A History of City Planning in the United States, Princeton University Press, Princeton, 1965.

Rossi, Aldo, The Architecture of the City, MIT Press, Cambridge, Mass., 1982.

Rowe, Colin and Koetter, Fred, Collage City, MIT Press, Cambridge, Mass., 1979?

Rowe, Peter, Making a Middle Landscape, MIT Press, Cambridge, Mass., 1991.

Sennett, Richard, The Conscience of the Eye: The Design and Social Life of Cities, W.W. Norton, New York, 1990.

Sennett, Richard, The Fall of Public Man, Knopf, New York, 1977.

Sennett, Richard - new book

Sitte, Camillo, The Art of Building Cities: City Building According to its Artistic Fundamentals, translated by Charles T. Stewart, Reinhold Publishing Corporation, New York, 1945.

Sorkin, Michael, editor, Variations on a Theme Park, Noonday Press, New York, 1992.

Stein, Clarence S., Toward New Towns for America, University Press of Liverpool, Liverpool, 1951.

Unwin, Raymond, Town Planning in Practice: An Introduction to the Art of Designing Cities and Suburbs, Princeton Architectural Press, New York, 1994.

Van der Ryn and Calthorpe, Peter, Sustainable Communities: A New Design Synthesis for Cities, Suburbs, and Towns, Siera Club Books, San Francisco, 1986.

Whyte, William, The Social Life of Small Urban Spaces, The Conservation Foundation, Washington, D.C., 1980.

Environmental Impact Assessment (EIA) and Irish Planning

Environmental Impact Assessment

Environmental Impact Assessment (EIA) is a procedure for:

- systematic examination of the likely significant effects on the environment of a proposed development;

- ensuring that adequate consideration is given to any such effects; and

- avoiding, reducing or offsetting any significant adverse effects.

The process begins with the preparation of an Environmental Impact Statement (EIS) by the developer. Active public involvement in the assessment of the EIS is encouraged. The assessment procedure is carried out by the planning authority as part of the processing of the relevant planning application and by An Bord Pleanála in the event of an appeal. The EIA procedure is designed to ensure that measures to improve a proposal can be taken at the earliest opportunity.

Generally, large scale developments, including agriculture, food industry, chemical industry, infrastructure and urban developments require an EIA. In some cases, EIA is mandatory irrespective of the size of the project. In most cases, however, a threshold is set and if this is exceeded, the project must be subject to EIA. Even if thresholds are not exceeded, the planning authority (or An Bord Pleanála in the case of a planning appeal) must require the preparation of an EIS if it considers that the project would have significant effects on the environment. The full list of projects and threshold limits are set out in Schedule 5 to the Planning and Development Regulations.

So, how does EIA work? A developer prepares an Environmental Impact Statement (EIS), which is submitted with the planning application for assessment as part of the planning authority’s consideration of the application. (Note: It is not possible to apply for outline permission in EIA cases because of the type of detailed information required in an EIS). The newspaper and site notices relating to the planning application must refer to the EIS. The EIS is available for inspection and purchase at the offices of the planning authority.

What is an EIS? An Environmental Impact Statement (EIS) should contain an analysis of the likely effects, good and bad, of a project on the environment. It will set out any measures to be taken to avoid or moderate any adverse environmental effects and should identify decisions already taken by the developer for this purpose.

What does an EIS include? It includes:

- a description of the proposed development;

- an outline of alternatives (e.g. processes or locations) studied by the developer;

- data necessary to identify and assess the main effects which it is likely to have on the environment; and

- a description of these effects by reference to many factors such as people, flora, fauna, soil, water, air, landscape, cultural heritage, etc.

Where significant adverse effects are identified, the statement must also include a description of the measures envisaged to avoid, reduce or remedy these effects. The EIS must contain a non-technical summary so that it can be understood by the lay person.

Preparing an EIS. EIS’s are almost always complex documents, sometimes of a highly technical nature. It will almost certainly be necessary to engage experts in various fields when preparing an EIS. Those proposing to prepare an EIS are generally advised by planning authorities to contact them for pre-application consultations if a proposal involves preparation of an EIS. These discussions can help scope the EIS, i.e. help identify which aspects should be covered, the amount of detail required and relevant agencies who should be consulted e.g. EPA, The Heritage Council, etc. Careful scoping can ensure that an EIS addresses all important issues, and will help avoid requests for further information, which could delay a planning decision.

The EPA has published Guidelines on the Information to be contained in Environmental Impact Statements. Regard must be had to EPA Guidelines when preparing an EIS (www.epa.ie).

How long does the EIA process take? As we have seen, a planning authority must decide an application with an EIS within 8 weeks of its receipt, or where further information has been requested from the applicant, within 8 weeks of receipt of that information.

How will I know an EIS has been submitted? Where an EIS is to accompany an application for planning permission, the press notice and site notice must include a reference to the EIS. The weekly list of planning applications published by planning authorities must also identify any case which involves an EIS.

Where can I see an EIS? An EIS is available for public inspection, free of charge, at the offices of the planning authority during office hours, from the date of receipt of the EIS (where a copy or any part can be obtained). Where the decision of the planning authority is appealed to An Bord Pleanála, the EIS will also be available at the offices of the Board. Observations and submissions for applications with an EIS are made in the same way as with normal planning applications.

Appeals and EIS: When an appeal is made to the Board, and the Board considers the project would have significant effects on the environment, it must require the developer to prepare an EIS, where the planning authority did not look for one. The processing of the appeal will be held in abeyance until the EIS, and any other information requested, has been received. Public notice of receipt of the EIS will be given by the Board. The EIS will be available for inspection or purchase at the Board’s offices and also at the offices of the planning authority.

Development control and exempted development in Ireland

Irish Development Control & Exempted development

1. Introduction

The basic purpose of this material is to introduce the main aspects of development control planning.

The basic concept underpinning the planning code is that permission must be obtained from a planning authority before commencing development. Development is defined as: the carrying out of any works on, in, over or under land (building, demolition, alteration) or the making of any material (i.e. significant) change in the use of any structures or other land. You should note that land in this context includes buildings and land covered with water.

Exemptions are given in respect of certain categories of development. Exempted development is development for which permission is not required. Categories of exempted development are set out in Section 4 of the 2000 Planning and Development Act. The purpose of these exemptions is to avoid controls on developments of a minor nature; say, agricultural, council/Borough/Urban District development, maintenance of roads, services, interior work, forestry and woodlands, etc.

We look here at planning applications and at exemptions.

2. The application

Part IV of the 2001 Planning and Development Regulations deals with the procedural aspects of obtaining permission from the planning authority. An application may be made for: (1) outline permission, (2) permission, (3) or if outline permission has already been granted, approval, and (4) retention or continuance.

Outline permission is an agreement in principle by the planning authority that development of a specific nature and extent may be carried out but it does not, in itself, authorise the carrying out of works. Prior to full consent being given, detailed plans must be submitted to the planning authority and an approval obtained before commencing development. Together, outline permission and an approval equate to a full permission. The slower route is generally chosen by applicants who are concerned that their proposal is unlikely to be granted (either as proposed or at all) and, consequently, are reluctant to spend money on having detailed plans prepared until the ascertain the attitude of the planning authority.

In the context of being unsure whether or not to apply for permission at all, two points should be noted:

1. Under the 2000 Act, any person may seek a declaration from the planning authority on the question of whether a particular activity constitutes development/exempted development. This declaration must be made within four weeks. Such a person can request An Bord Pleanála to review this declaration within four weeks of the planning authority decision. Alternatively, the planning authority may itself refer any question to An Bord Pleanála. Beyond this, if the situation is uncertain, developers should seek legal advice on the matter.

2. pre-application discussions, introduced formally in section 247 of the Planning and Development Act 2000, may help to identify the issues involved and possible ways of addressing the potential difficulties. Such discussions do not commit the planning authority to making any particular decision.

Interestingly, it is not necessary for the applicant to own the site on which an application is made. However, particulars of the applicant’s interest must be given as part of the application and, if he is not the owner, the applicant must state the name and address of the owner and have the consent of a person with sufficient legal interest to carry out the proposed development.

Notice of intention to apply for planning permission is made in two ways: (1) By way of a notice erected on site; and (2) a newspaper notice (in an approved newspaper). The newspaper notice must be published during the two week period before an application is made and maintained in position for at least one month. The contents of both types of notice are specified in the Regulations and include the applicant’s name, the nature of the application (outline, full, approval, etc) and the nature and extent of the development, where the application may be viewed and the cost of making a submission/observation. These requirements are intended to ensure that neighbours and the general public know of proposed developments so they can make representations to the planning authority and if necessary, later, appeal to An Bord Pleanala.

Additional requirements designed to facilitate public participation are contained in the regulations. The planning authority must prepare a weekly list giving details of each application received. This list is available in the offices of the planning authority and in all public libraries. It is available to councillors and on payment of a fee, to any person on request. All planning applications can be inspected at the offices of the planning authority during the period in which the planning application is being assessed. Three days after the planning authority gives its decision, reports prepared by or for the authority in the course of assessing the application are also available for inspection (section 38 of the Act). Copies of documents are available for purchase on payment of a specified fee not exceeding the reasonable cost of making such a copy.

The contents of a planning application are set out in the regulations. Certain planning applications must be accompanied by an Environmental Impact Statement (such instances are listed in Part 10 of the Planning and Development Regulations and the relevant law covering EIS here is section 176 of the Act) and all applications must be accompanied by a fee (the fee will be listed on the application form). The wrong fee will see your application returned. There are some fee exemptions for voluntary organisations.

A planning application may be withdrawn, by notice in writing, at any time before the giving of the decision of the planning authority in respect of the application.

Try having a look on-line at a few County Council websites on which you’ll find planning application forms.

3. The decision

The planning authority has a rigid time frame for giving its decision. It is precluded from making any decision within 5 weeks of receipt of a planning application. This provision is designed to ensure that members of the public are not prevented from participating in the planning process by precipitant decision making. On the other hand, if the applicant has not received a decision (permission or refusal) within 8 weeks of submitting a valid application, he is regarded as having received an unconditional permission, which is normally (though not statutorily) referred to as a default permission. This 8 week period can be extended by a request for additional information (or by an AI as planners call it). It can also be extended by a request for an EIS or through the consent of the applicant. Additional information may be asked for only once. Although clarification can be sought in respect of an unclear submission. There is no mechanism for shortening the 5 week minimum period.

Public involvement - Any person or body, on payment of the prescribed fee, may make a submission or observation in writing to a planning authority in relation to a planning application within the period of 5 weeks beginning on the date of receipt by the authority of the application.

Applications for planning permission while assessed by individual planning officers are decided by the manager, acting in an executive capacity, and conditions are usually attached to the grant of permission. In considering an application the manager is restricted to considering:

(i) the provisions of the development plan,

(ii) the provisions of any special amenity area order relating to the area,

(iii) any European site (archaeological and natural heritage and the conservation ) or other area prescribed for the purposes of section 10(2)(c),

(iv) where relevant, the policy of the Government, the Minister or any other Minister of the Government,

(v) the conditions which will be placed on any permission,

(vi) any other relevant provision or requirement of this Act, and any regulations made thereunder, e.g. an EIS.

Note: Under the 1992 Environmental Protection Agency Act 1992 and the Waste Management Act 1996 where an application under this section relates to development which comprises an activity for which an integrated pollution control licence or a waste licence is required, a planning authority cannot be taken into consideration by the planning authority (because the control of emissions and waste arising from the activity is a function of the Environmental Protection Agency).

Although deciding on individual applications is an executive function, the elected representatives are given a statutory role if it is the intention of the planning authority to consider granting permission for a development which would materially contravene the development plan or any Special Amenity Area Order. Prior public notice must be given by the planning authority, any objection must be taken into account by the councillors and a resolution passed (Under the 1991 Local Government Act). Revocation or modification of an existing permission is also a reserved function (under section 44 of the Act) and such a resolution may only be passed if the development to which the permission relates no longer conforms with the provisions of the development plan. It must specify in the decision the provisions of the development plan to which the permission no longer conforms, and the main reasons and considerations on which the decision is based. There is a detailed procedure to follow, if you are interested see section 44.

The reserved powers of elected members have been thoroughly abused in the past, under section 4 of the 1955 City and County Management (Amendment) Act they could by resolution require the manager to decide a decision in a particular way (usually a grant!). The frequency with which this was used and the spuriousness of some of the grounds advanced by members and the allegations of bribery brought the planning system into disrepute in the 1980s and we still feel its repercussions now through the Flood now the Mahon tribunal, which even has its own website: http://www.flood-tribunal.ie/

The practice developed of having controversial section 4 resolutions passed by councillors outside of the electoral area in question, who’d escape retribution at the polls. The 1991 Local Government Act modified section 4 of the 1955 Act by requiring a planning section 4 resulting to be signed by at least three quarters of the members of the electoral area concerned and passed by three quarters of the council. This has curbed the abuses, which we now know were greedy.

Planning permission ensures for the benefit of the land or structure and passes to any new owner of the land, except where otherwise provided by the permission, for example, a condition may restrict occupancy to certain people with a need to live in a rural area, we see this now on many applications for one off rural housing – you must be, say, a son or a daughter of a local and work and live in the area. A planning permission normally expires after five years from the grant of permission (section 40 of the Act), although a longer permission may be may be specified (section 41). The time limit refers to the completion, not the commencement of the development. If work has not commenced, the permission lapses, or withers, while if work has started but is not finished, it may be possible to extent the duration or life of the permission. Planning authorities are statutorily obliged to grant an extension of a planning permission (you should apply once you are into the last year of the permission, not before) where the applicant satisfies certain requirements (there is a procedure outlined for this process in the regulations). In particular, substantial works must have been carried out during the life of the permission. The meaning of substantial is not defined in the legislation or regulations but case law Frenchurch Properties vs Wexford County Council 1992 has indicated that what constitutes substantial works must be decided in the context of the circumstances and that no rule of thumb (40/50% etc) may apply. The general public is not given any role in considering applications to extend the duration of planning permissions.

Note: section 42 of the regulations allows a further application for extension of planning permission and again there is a procedure involved.

A record of planning applications and decisions is kept by each planning authority and is available for public inspection. Known as the planning register, it incorporates a map and copies of any entry may be obtained for a fee (see section 7 of the Act for more details on the register).

4. Exempted development

We have seen how the principle behind the planning system is that you have to get planning permission in respect of the development of land. There are two basic categories of development: carrying out of works and a material change of use. The statutory definition of works is wide. Including …any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal and, in relation to a protected structure or proposed protected structure, includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles or other material to or from the surfaces of the interior or exterior of a structure.

Taken literally it would mean that for example a householder replacing roof tiles after a storm would require planning permission and have to go through he full planning permission procedure. Such a requirement would be unwarranted and certain types of minor development by private individuals have been given an exemption.

The planning code identified a second and very different category of exempted development on the basis of the identity of the person or body carrying it out. The underlying presumption here is that development undertaken by state or local authorities is undertaken in the interests of the common good (whatever that is) and therefore need not be subject to the same level of public scrutiny as development proposed for private benefit.

Exempted development rights arise from section 4 of the planning Act.

1. Section 4 (1) of the Act provides a list of exempted developments. The main points are:

· It exempts a planning authority from carrying out works in its own functional areas (and those doing it on contract for them) – roads, sewers, wires and to anyone carrying out maintenance on a building.

· Importantly, development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure - being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures is exempt.

· Development consisting of the use of any land for the purpose of agriculture and forestry and development consisting of the use for that purpose of any building occupied together with land so used (this gets quite complicated, as some agriculture and forestry developments do require permission and an EIS, e.g. more than 50 hectares of proposed forest or the use of uncultivated lands for intensive agriculture – for more on this there is a Dept of Environment explanatory leaflet).

Also…

2. Section 4 (2) of the Act enables the Minister to make regulations adding classes of exempt development to this list and in some cases to exempt changes of use within certain broad use categories (the use categories are contained in the 2001 regulations).

3. Section 4 (4) The Minister may prescribe development or classes of development which will not be exempted development in certain council areas, e.g. it may remove the exemption of a planning authority to get planning permission.

5. State authorities

Section 181 of the Act says the requirement to obtain planning permission doesn’t apply to state authorities (that is to a Minister of the Government or the Commissioners of Public Works) in some cases. That is, where the development is, in the opinion of the Minister, in connection with or for the purposes of public safety or order, the administration of justice or national security or defence.

The Minister can stipulate and has by regulation which class or classes of development apply. This is section 86 in the 2001 regulations. The regulations exempt a wide rage of state developments. The obvious ones like defence related developments, Garda developments, courthouses, and prisons. But then there are dodgy ones listed in Class V such as offices used for the business of Uachtarán na h-Éireann, Dáil Éireann, Seanad Éireann, the Department of the Taoiseach, the Office of the Tánaiste, the Department of Defence, the Department of Foreign Affairs, the Department of Justice, Equality and Law Reform, etc.

The regulations make provision for a procedure of consultation for these categories of exempted development. Having considered any objections received, the authority in question pre 2000 Act and 2001 regs, however, used to be able to carry out its proposal exactly as planned and there was no right of appeal to An Bord Pleanala, now there is if the development is over euro126,000 (OVERHEAD). (see: 2001 regulations, Part VIII (k) any development other than those specified in paragraphs (a) to (j), the estimated cost of which exceeds €126,000, not being development consisting of the laying underground of sewers, mains, pipes or other apparatus).

6. Local authorities

Under section 179 of the Act the Minister may prescribe a development or a class of development, undertaken by local authorities, to be exempt from the normal planning application procedure. Local authorities which are planning authorities; that is all local authorities except town commissioners, have always enjoyed exemption for development they carry out in their own districts. This avoids the absurdity of applying to themselves for planning permission. But importantly, a local authority is prohibited from effecting any development which contravenes materially its development plan.

That said, Section 81 of the Planning Regulations introduced a procedure for public notice and consultation in respect of a wide range of developments. The classes of development open to public scrutiny are laid out in the Planning Regulations.

In these cases, just like a private developer, the local authority must advertise its intention to develop in a newspaper circulating in the area and to erect a site notice. It must also notify all relevant bodies. The site notice must remain in place for four weeks from the date of the publication of the newspaper notice.

Plans and particulars of the proposed development must be made available for inspection during office hours at the offices of the local authority for 4 weeks beginning on the day of publication of the notice in a newspaper in accordance. Submissions or observations dealing with the proper planning and sustainable development of the area in which the development would be situated, may be made in writing to the local authority before 2 weeks after the closure of the inspection period (section 81 of the regulations).

A report must then be prepared for the elected members summarising objections and evaluating the proposal. This report must indicate whether it is now proposed to proceed with the development in question. When the report is submitted to the councillors, which is as soon as can be, they consider it and then, the proposed development may be carried out as recommended in the manager's report, unless the local authority, by resolution, decides to vary or modify the development, otherwise than as recommended in the manager's report, or decides not to proceed with the development. Whatever way, a resolution under must be passed not later than 6 weeks after receipt of the manager's report.

An obvious difficulty with this system of consultation is that it is not open to an independent appeal. However, the initial proposal is developed by the officials and the objections are considered by the elected members in a procedure which is similar to the adoption of development plans. A right of appeal to An Bord Pleanala has always been seen as conflicting with the powers of democratically elected local government. Be this as it may, just like state development – developments over euro126,000 can now be appealed to An Bord Pleanala.

7. General exemptions

Before we finish, I thought we’d briefly cover a few general aspects of exemptions.

· Agriculture and forestry received a complete exemption in respect of the use of land in the 1963 Act. However, since then it has been increasingly realised that both can give rise to environmental problems: visual intrusion, acidification of water, etc. Therefore, from a situation where forestry was exempt, it is now necessary to get planning permission “and” undertake an EIS for afforestation involving an area of over 50 hectares (or only 10 if the work involves replacing broadleafs with conifers). Land reclamation for agriculture for areas of over 100 hectares, certain deforestation projects, peat extraction of over 30 hectares, poultry farms of over 40,000 places, pig rearing installations of over 2000 places, etc. The point is that, for many, these exemptions are controversial and each time they are reviewed, they are tightened.

· Section 4 (1) h is also controversial. This is the part has led to a great deal of antagonism between neighbours over the years. Let’s see why (as documented in Berna Grist’s Introduction to Planning Law book)!

(h) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures.

Whether or not the external appearance is affected for better or worse is not at issue here. The central question relates to the character of the structure and to whether the works are inconsistent with that structure. For example, the Supreme Court has indicated that the character of a terraced house is much more dominantly affected by its street appearance and that elements which go to make up the character of a structure are its shape, colour, design, ornamental features and layout. Relying on this definition, it was held that replacing Georgian sash windows with aluminium swing open windows was inconsistent with the character of Victorian houses on Belgrave Square in Dublin.

· The majority of exempted developments carried out by private individuals are those laid out in Schedule Two of the Planning Regulations 2001, that is, they are small structural works over which detailed control is considered unnecessary. Examples of the type of domestic exemptions which are provided for in the planning regulations are building a small extension (including a conservatory) or a front porch, converting a garage, erecting a greenhouse or garden shed and hard surfacing a part of the garden. You can also build a boundary wall around your house. Exactly what falls within and outside of the exemptions is very clear here. Detailed descriptions are given of each class of exempted building, together with the applicable conditions and limitations, and the works themselves are measurable and visible.

However, the schedules must be read together with Part II of the Regulations, in particular articles 9 and 10, because notwithstanding the fact that a particular development might fall exactly within the scheduled description, it loses its exempted status if any of the restrictions listed apply. Thus, for instance, permission must be obtained if the development would contravene a condition of a planning permission, involve a new access to a public road, create a traffic hazard, break a building line or involve works to a listed building, and so on.

· As set out earlier, a material change of use also constitutes development. The 2001 regulations create exemptions for certain changes of use. A number of use classes are set out in the second schedule, and development which consists of a change of use within any one of these classes does not require permission. Again, the exempted status is withdrawn if the development would contravene a condition of a planning permission, be inconsistent with a use specified in a permission or involve carrying out works other than those which are themselves exempted development.

· For example, under Class Two it is possible to change from a bank to a building society or solicitor’s office without obtaining planning permission, because these are all services principally offering services to visiting members of the public. A change of use from a shop to a direct service would require permission. A shop is a Class 1 activity and the other Class Two. The impact in planning terms of a shop is very different to that of a financial services office. The façade of a shop taken over, for example, but a building society will be changed from a display of goods for sale to a series of notices setting out interest rates etc. These businesses can afford shopping street rents but have a sterilising effect on shopping streets. Therefore, any such change of use must be subject to specific assessment in the light of the development plan and requires permission.

8. What happens in cases of dispute?

If a question arises as to what constitutes exempted development, the Act provides that the matter be referred to and decided by An Bord Pleanala. Unlike the position with a planning authority, where only the manner in which the Board reached its decision is open to judicial scrutiny, there is a right of appeal to the High Court against the Board’s determination of an exempted development reference. Planning authorities have no statutory role in deciding questions relating to exempted development although the staff of planning offices are usually prepared to offer guidance if queries are raised with them. Such advice is merely an opinion and doesn’t bind the authority to any subsequent course of action. The Board received few of these cases.

Ends/.

The basis of town planning practice in Ireland

What does planning set out to achieve?

The physical planning system seeks to facilitate and encourage development within sustainable patterns of settlement whilst fostering protection of the natural and built environment and promoting the efficient use of land and infrastructure. It plays a key role in facilitating delivery of the infrastructure programmes in the National Development Plan 2000 - 2006 (NDP) and in addressing housing supply requirements. The system is directly operated by planning authorities and An Bord Pleanála (our planning appeals body). The Department of the Environment and Local Government provides the essential legislative framework and policy guidance (which we will be covering) and the courts become involved in cases where judicial review is sought.

What is planning practice?

Planning practice is how the planning system works from day to day; it’s the mechanics.

The planning system is generally learned in one of two ways: (1) Through a planning law course, or (2) Through practice and reference to guidance, such as the Department of the Environment’s leaflets. At providing enough know how for participants in the planning process to understand the system and operate the processes involved.

Some people have had some experience with planning; some positive but often more negative. Patrick Shaffrey wrote as far back as 1973:

For to long planning has been a sort of battlefield. On the one hand, some developers considered any outside opinions or comments on their proposals as wearisome and unnecessary, frequently designed to thwart what in their view were sensible and well thought put projects. On the other hand, individuals and organizations were wary of any change, and did not fully realize that social and economic progress does result in physical changes to the environment. As a result, the central philosophy and objective of planning was often lost in the welter or arguments and counter arguments (p. 7).

Before surveying battlefield planning it is useful to start by explaining, briefly, planning’s underlying philosophy.

Planning is essentially a creative activity designed to anticipate, guide and direct, in the common interest, developments which can influence our physical environment in some way or other. Good planning need not be restrictive, or on the other hand allow a free for all, which may benefit a few at the expense of the many. The Planning Acts provide for the involvement of all sectors of society in the process (though whether this provision can be effectively exercised is the subject of much debate). Through planning an attempt is made to control and monitor future development in a well ordered, sustainable, manner. Whether a person likes it or not the Irish Government has laid out the manner by which we must plan for the future.

The Irish Government commenced the formal physical planning of Ireland with the enactment of the 1934 Town and Regional Planning Act. From the mid-19^th Century onwards, various pieces of legislation had allowed urban authorities to provide public open space – a positive power to improve amenities in their area – and parts of Public Health and Housing Acts created a rudimentary framework for control of development, but with the narrow objective of improving the population’s health. The 1934 Act introduced a coherent system of positive and regulatory planning based on the making by the planning authority of a planning scheme (the precursor of the development plan), which was to govern the carrying out of future development. The current planning system came into operation on 1 October 1964 with the commencement of the Local Government (Planning and Development) Act 1963, and in the intervening decades, the activities of planners and the issues they face have expanded and changed with socio-economic and environmental issues taking up more and more of a planner’s time. Various problems with existing legislation emerged over time and new legislation was called for in the late 1990s.

In August 2000, the Planning and Development Act, 2000 was enacted following detailed consideration of its provisions by the Oireachtas. This Act, which revises, extends and consolidates the legislative basis for the Irish planning system, introduced many significant changes and initiatives designed to introduce a sustainable development ethos into the Irish planning system, increase the efficiency of the system and ensure a strategic approach to land-use planning in Ireland. The Act was brought into force in stages. Some priority provisions commenced by the end of 2000 including those on the supply of housing, on strategic development zones and on the transfer of the Minister's statutory functions to An Bord Pleanála. By 11 March, 2002 all parts of the Planning and Development Act, 2000 commenced.

Some of you will be aware of the Planning and Development Act 2000 which has reformed planning law in Ireland. Whilst it has changed in a range of ways how the system operates, it has not altered how it is administered.

Administration of planning

Planning is primarily a service of local government. The two-tier structure of the Irish local government system was established in the 1898 Local Government (Ireland) Act.

· The Upper tier consists of the larger local authorities – the county councils and the county borough corporations. In 1898 a democratically elected body was established in each of the 33 administrative counties (Temporary has two ridings: north and south). Management of the financial and administrative business of the county was entrusted to this council, which consisted of a chairman and councillors. There were also six borough corporations in existence at the passing of the Act, which became County Borough Corporations with the same power as county councils. They were located in counties, but administratively separate.

· The lower tier of local government consisted of the remaining 5 borough corporations, urban district councils, town commissioners and rural district councils. County councils took over rural district council functions in 1925. This lower tier has a small range of local government functions.

County councils and county borough corporations became very strong after 1898. But with strength did not come efficiency. Nepotism, clientelism and corruption in local government is not just a recent phenomenon. Ministers and civil servants took a to0ugh line in the 1920s and a number were dissolved and replaced by salaried commissioners, who were efficient, had administrative expertise and displayed complete impartiality in the solution of many urgent local problems. They were so successful that it was proposed they share power with the elected members. The post of city manager emerged, first in Cork CBC in 1929; in 1942 this system was extended across Irish local government.

Local government boundaries have been the subject of debate over the years, including the Barrington Report in 1991. But in 1994, the Minister of the Environment, confirmed the retention of the existing administrative boundaries at a local level. Saying they were a strength to be built on.

In the 1940 Management Act, functions of local government are divided into ’executive’ and reserved’ – the former exercisable only by the manager and the latter by councillors. In broad terms, powers reserved to the elected representatives concern policy and financial matters, while the manager is responsible for decisions which involve the execution of settled policy and which, in particular, might be open to political of personal influence. Thus, within the planning system, the councillors adopt the development plan and the manager makes the decision whether to grant or to refuse planning applications.

As an aside, the introduction of the management system has been the single most important development in the history of Irish local government. But councillors didn’t like it. Their grievances were addressed with the City and County Management (Amendment) Act in 1955. Section 4 of this Act gave elected members the power to direct the manager as to how to perform any of his executive functions. It was section 4 which is responsible more than anything else for the planning tribunals. See Frank McDonald’s books. This power still exists under the Local Government Act, 2001 (which updated local government legislation), but is now called Section 140 and its use is heavily frowned upon, which doesn’t stop Kerry using it.

All local authorities, except town commissioners, were entrusted with the full range of planning responsibilities in 1964, giving 87 planning authorities for a population of 2.8 million. Under the Local Government) Dublin Act, 1993, this number increased to 88 with the creation of Fingal, South Dublin and Dun-Laoghaire-Rathdown County Councils. Planning authorities range drastically in size, from (based on 1996 statistics) just 1,704 in Bundoran Urban District Council to around 480,996 in Dublin County Borough.

Also, the manager of each county is also, by virtue of the office, the manager of each of the sub-county urban authorities, and thus performs an important co-coordinating role in the context of the multiplicity of small planning authorities.

The main elements of Irish planning

1. DEVELOPMENT PLAN

The main instrument for regulation and control of development is the Development Plan. Each planning authority is required to publish notice of its intention to review its plan, not later than 4 years after the making of a development plan. A new plan must be made every 6 years (ie. 2 years after the notice of the intention to review the plan has been published). The plan states the authority's policies for land use and for development control and promotion in its area. The authority, in exercising control, must consider the provisions of the Plan, and try to secure its objectives.

In general, the Plan shows the authority's objectives for the sole or primary use of particular areas (eg residential, commercial, industrial, agricultural), for road improvements, for development and renewal of obsolete areas, and for preserving, improving and extending amenities. Public participation in making the Plan is important. The public can become involved in the making of the development plan, at the initial stage, when the planning authority publishes its intention to review the plan, at the draft plan stage and if applicable, at the amended draft plan stage. At all these stages, the public can make submissions or observations, within specified time periods, on what is being proposed by the planning authority at all these stages. Notice of the making of the draft plan is published and the draft plan goes on public display for at least 10 weeks, during which time the public may make submissions on its content. Any submissions received within the specified period must be considered before the Plan is adopted. Before a plan is adopted, copies of the draft must be sent to various statutory and voluntary bodies who may be able to give the authority specialist advice.

We will consider development plans in more detail later.

2. DEVELOPMENT CONTROL

All decisions to grant or to refuse planning permission are firstly for the relevant planning authority, and for An Bord Pleanála (the Planning Appeals Board) in an appeal. As we have seen, the Local Government Act, 2001 provides the framework for reserved and executive functions. Reserved functions are performed by elected councillors, executive functions by the authority's manager or delegated officials. Granting or refusing planning permission is an executive function. Under the Local Government Act, 2001, elected councillors can, by resolution, direct the manager to take a particular action. The use of this power for planning applications is restricted, and only occurs in a small number of cases (0.01% of applications in 1999).

All development, unless specifically exempted, needs planning permission. Where there is doubt over what constitutes development, anyone can refer the case to the planning authority for a decision on payment of the prescribed fee. The declaration made can be appealed to An Bord Pleanála, within 4 weeks of the issuing of the declaration, on payment of the prescribed fee. In general, authorities must decide planning applications within 8 weeks of the date of receipt of the application. The applicant or any person who made a valid submission in writing, in relation to the planning application, to the planning authority can appeal to An Bord Pleanála, within 4 weeks of the decision.

In deciding applications, authorities are restricted to considering the proper planning and development of the area concerned, including the preservation and improvement of amenities, the development plan, and any valid, written submissions or observations made on a proposed development. The fee for making a submission or observation on a planning application is currently €20. For details on the fees for making planning applications, you should contact your local planning authority. Where permission is refused, or granted with conditions, the authority must give reasons for the decision. A planning permission normally lasts for five years, but may be extended in certain cases

3. APPEAL SYSTEM

An applicant for permission and any person who has made a submission or observation on a planning application may appeal a planning decision to An Bord Pleanála, the planning appeals board. Appeals must be made within 4 weeks of the decision. In an appeal, the planning application is considered anew by the Board, who examine all relevant issues independently. The Board must, among other things, consider the proper planning and development of the planning authority's area and any submissions or observations received. The Board's decision may only be challenged, within 8 weeks, by judicial review in the High Court. However, the Court may extend this period where it considers that there is sufficient reason for doing so. The Court will not reopen the planning merits of the case. It may only give leave to pursue the review process where it is satisfied that there are substantial grounds for claiming that the Board's decision is invalid or should be quashed. The person seeking leave must also have a substantial interest in the decision making process or had good and sufficient reason for doing so.

4. ENFORCEMENT OF PLANNING CONTROL

Enforcement of planning control is the responsibility of the planning authority. Where development takes place without permission, or where it does not comply with conditions of a permission, the authority may take enforcement action. Under the Planning and Development Act, 2000, planning authorities are obliged to follow up genuine complaints about breaches of planning control within a given timeframe, are entitled to retain fines imposed by Courts for planning offences to help finance more active planning control and can refuse to grant planning permission, subject to the consent of the High Court, to any developer who has seriously failed to comply with a pervious permission. These provisions came into force on 11 March 2002. The authority must issue a warning notice then an enforcement notice and possibly court action. Also the authority, or any individual or group, may seek a High or Circuit Court order against a developer, stopping an unauthorised development or use

Given that planning practice is heavily dominated by statutory planning, that is by the planning application process, I thought we’d look at some planning statistics! This will make you think about the system as a whole .

In the ten year period from 1991 to 2001 the number of planning applications made to local authorities increased by approximately 80%. The number of planning applications in 2002 was 62,810 which represented a reduction of 17% compared with 2001.

In the 1980s and early 1990s up to 1993 the applications for planning permission fluctuated between 33,000 and just over 40,000. Between 1994 and 2000 there was a constant rise in the figures giving a cumulative increase of over 100% in the seven year period.

The overhead gives the number of refusals and the ‘refusal rates’. The percentage of planning decisions that consist of a refusal (the refusal rate) had shown a consistent decline from 15.1% in 1981 to 7.4 % in 1986. Between 1987 and 1997, apart from 1988, the rate fluctuated between 8 % and 11%. The rate for 2000 was 16.6% and rose slightly to 16.9 % in 2001. The refusal rate fell to 15.9 % in 2002.

The refusal rate is not an indicator of the proportion of applications that end up as refusals, nor should it be regarded as an indicator of the ‘efficiency’ or ‘commitment’ of any individual planning authority. Higher refusal rates might be expected, for example, in areas of high amenity value or in areas under intensive pressures for speculative development.

In 2002, 4,324 planning decisions were the subject of an appeal to An Bord Pleanála - a decrease of 16% over the previous year. The figure does not include reactivated appeals. A small number of appeals - approximately 1% of the total - were disposed of without a formal decision (withdrawn, invalid, etc.). In 2002 the number of formal decisions amounted to 4,276. Slightly less than one in three appeals leads to a reversal of the local authority decision.

Since 1997 applications for outline permission accounted for about one in ten of all applications. In the years 1998 to 2001 this figure increased to 12% in 1998, and to 15% in 1999 and 2000 respectively. In 2001 these applications remained at 13% of the total and decreased to 9% of this level during 2002. It should be noted that the use of outline applications is relatively frequent in some authorities. The ratio of applications for approval to those for outline permissions is approximately 1:4.

The ‘refusal rate’ for outline permissions - at approximately 35% - is more than twice the average rate.

The refusal rate for approvals is approximately one fifth of the average rate. It should also be noted that while outline permissions deferred are 12% of all deferrals. Approximately 45% of all outline applications are deferred.

A decision on a planning application must be made by the planning authority within a period of eight weeks. This period can be extended in two ways. The first occurs when a planning authority requests additional information (S34(8)(b) of the 2000 Act, Art. 33 of the 2001 Regulations). A second procedure, requiring the written consent of the applicant, allows the planning authority to extend the eight-week period. This provision was introduced in a 1976 Act and is now provided under S34(9) of the 2000 Act. Deferrals arising from the applicant’s consent increased as a percentage of total deferrals in 1997, 1998 and 2000: -

· 1997:20%;

· 1998:24%; and

· 2000: 30%.

Under the Planning Acts, councillors can influence development control decisions. (1) S140 of the Local Government Act, 2001 (formerly S4 of the Local Government City and County Management (Amendment) Act, 1955) and (2) the procedure of material contravention of the development plan (we will get to this), as provided for under S34 of the 2000 Act.

While only limited use is made of these procedures overall, some authorities do use them to a considerable extent. The S140 procedure was used in 5 authorities, i.e. 5 county authorities account for 100% of the total usage (dominated of course by Kerry which passed 10). The total number of such motions was 27 (a 58% reduction on 2001) the number passed by Council decreased to 23 (a 45% fall on 2001 figure). The number of material contraventions resulting from S140 and S4 motions in 2002 continued to fall by 50% on the 2001 figure to only 5 instances.

The procedure under S34(6) of the Planning and Development Act, 2000 has increased by 20% on 2002. This is the procedure which provides that a development may materially contravene the Development Plan subject to certain procedures being complied with. In this instance a decision to grant planning permission requires the vote of not less than three quarters of the members of the Council in favour. The increase in the number of ‘material contraventions’ in 2002 was in the order of 20%. The overall number of material contraventions passed by local authorities in 2001 was 93. This represented a 30% decrease on the 132 material contraventions passed in 2000. In 2002, 112 material contraventions were passed by local authorities, i.e. a 20% increase on the 2001 figure.

In 2002 almost eight out of every ten applications were for residential development (class 1 and class 2 - houses and domestic ‘extensions’). Figures are available by class of development.

The amount received in contributions has continued to rise since 1987 with an exceptional decline of approximately 2.5% between 1992 and 1993. There was an increase of approximately 26% for 1997, 15% in 1998, 31% in 1999, 27% in 2000, 11% in 2001, and 24% in 2002. Increases or decreases in the figures may be the result of a number of factors such as changes in the rates charged, size and type of developments carried out in a particular year, the overall level of implementation of planning permissions and perhaps increased enforcement of planning conditions.