Services

Planning decisions

In making a planning decision a number of matters are taken into account by planning authorities, including:

  • the proper planning and sustainable development of the area;
  • the development plan and any local area plans;
  • The national and regional planning context;
  • valid submissions and observations made by members of the public on the application;
  • European Sites (e.g. Special Protection Areas, Special Areas of Conservation);
  • specific statutory designations such as Record of Protected Structures, Architectural Conservation Areas, archaeological designations, Tree Preservation Orders, etc.
  • Local designations, where appropriate.

Consideration is also given to internal technical advice and, where relevant, external advice from bodies such as the Department of the Environment, Heritage and Local Government, the National Parks and Wildlife Service, and the Health & Safety Authority.

It may not take non-planning issues into account e.g. boundary or other disputes, questions more properly resolved through legal means, etc.

City Council officers make recommendations as to the decisions to be issued on planning applications. The City Manager or Director of Services makes the final decision on all applications on behalf of the planning authority.

Types of decision

The decision to grant permission, with or without conditions, or to refuse planning permission, will be notified to you or your agent, and to anyone who commented on the application. You will receive a notice of intention to grant permission. This is not final until a period of 4 weeks has expired (see After the Planning Decision).

Conditions

Conditions can be imposed relating to a variety of issues, including (for example):

  • Regulating the use of the development;
  • Carrying out of works required for the purposes of the development;
  • Landscaping;
  • Development Contributions;
  • Part V: Housing provision.

Part V: Housing Strategy Requirements

The current Housing Strategy requirements are set out in the Cork City Development Plan 2009-2015.

Within the Cork Metropolitan Area there is a requirement so that quarter of the 20 per cent reserved land will be for social housing and the remaining three-quarters for affordable housing. In certain specified areas where there is an existing high concentration of social housing, the 20 per cent provision shall apply fully to affordable units.

Applies to Planning Decisions (full/outline) in respect of residential developments of five or more residential units, on planning applications received after the 8th October 2001.

An applicant must inter alia specify how they will comply with the Part V requirement by entering into a Section 96 agreement to transfer land (default), completed units (City Council preferred option), sites or payment of agreed amount (or a combination of these options). Any dispute or default on a Section 96 agreement, prior to commencement of the development, may be referred to the Statutory Property Arbitrator.

Planning applications not complying with Section 96(3)(a) or (b) will be deemed invalid.

Taking a look at decisions

You can view decisions by exploring via Planning Maps and Planning Text searches.