If a site is in the Transfer area, will the County Council’s County Development Plan apply after May 31st, 2019?
The Cork County Development Plan 2014 and the Local Area Plans for the Ballincollig / Carrigaline, Blarney/ Macroom, Cobh and Bandon/ Kinsale Municipal Districts contain policies, objectives, zonings and standards that apply to development / planning applications within the Transfer area.
These plans will remain in force when Cork City Council takes over responsibility for the Transfer area on 31st May 2019 and, where provisions of the plans apply to the extended city area, they will be implemented by Cork City Council. The plans will continue to apply in the Transfer area until such time as they are superseded by new plans, prepared by Cork City Council.
The planning policy for the area transferring to the City Council will therefore remain the same in the short/medium term; it will just be implemented by Cork City Council instead of Cork County Council. Details of Cork County Council’s current County Development Plan Policies can be viewed here http://corkcocodevplan.com/
When will the new Cork City Development Plan, dealing with the Transfer area, be adopted?
Cork City Council will make public when they are to make a new City Development Plan.
What planning policies will apply to the Transfer area after May 31st 2019?
The policies and objectives of the Cork County Development Plan, 2014, as amended, and the Ballincollig/Carrigaline, Blarney/Macroom, Cobh and Bandon/ Kinsale Municipal District Local Area Plans, 2017, will remain in place until Cork City Council adopts a new Cork City Development Plan.
There are existing Municipal District Local Area Plans, parts of which cover territory within the Transfer area. Will the zonings and objectives contained in these plans remain in place after the transition date?
The provisions of the current Municipal District Local Area Plans, as they apply to the Transfer area, will remain in effect until such time as new plans are made, or the current plans varied, by Cork City Council. Details of Cork County Council’s current Municipal District Local Area Plans can be viewed here: http://corklocalareaplans.com
Will the density, parking and open space standards set out in the County Development Plan continue to apply to the Transfer area, once that area becomes part of the City?
Yes, the existing provisions and standards of the Cork County Development Plan, 2014 will continue to apply to the areas that were formerly part of the County, until such time as the City Council adopts a new City Development Plan that includes these areas.
Where land which is zoned for development in the current Municipal District Local Area Plans will now be part of Cork City’s boundary, does the current land use zoning still apply?
Yes, the provisions of the Municipal District Local Area Plan continue to apply in the Transfer area, and will be implemented by Cork City Council, until such time as the current Local Area Plan is superseded by a new Development Plan or Local Area Plan, prepared by the Cork City Council. Details of Cork County Council’s current Municipal District Local Area Plans can be viewed here http://corklocalareaplans.com
Where an application is submitted to Cork County Council for a site in the Transfer area and it is subsequently invalidated, which planning authority should the revised planning application be re-submitted to?
The revised planning application should be submitted to Cork County Council if it is being submitted on or before 30th May, 2019.
It should be submitted to Cork City Council if it is being submitted on or after 31st May 2019.
If a planning application is submitted to Cork County Council on or before 30th May and it is invalidated, does another planning application fee have to be paid to Cork City Council when the application is being submitted on or after 31st May, 2019?
As it is a new application to a different Planning Authority, a new fee must be paid to Cork City Council. However a refund can be requested by the applicant in writing from Cork County Council.
Where an application for outline permission is lodged or granted by Cork County Council on or before 30th May 2019 and an application for permission consequent is sought on or after 31st May 2019, which Planning Authority should the application be submitted to?
An application for planning permission consequent being submitted on or after 31st May 2019 should be made to Cork City Council.
Where an application for an Extension of Duration of a permission is sought on an application on or after 31st May, 2019 which was permitted by Cork County Council, which Planning Authority should the application be submitted to?
An application being submitted on or after 31st May, 2019 for an extension of duration of a permission granted by Cork County Council for a site in the Transfer area should be made to Cork City Council.
Where an applicant wishes to make an application and part of the site is in Cork County Council area and part is in the Transfer area, which Planning Authority should the application be made to?
An application must be submitted to both Local Authorities as the site straddles the new boundary between Cork County Council and Cork City Council.
Exemptions under Section 97(5) of Planning & Development Act 2000, as amended (exempted from provision of social & affordable housing being provided as part of the development).
Where an application for an Exemption Certificate under Section 97(5) of the Planning & Development Act, 2000, as amended, is being sought for a site in the Transfer area, which Local Authority should the application for the Exemption Certificate be submitted?
The Application for the Exemption Certificate should be submitted to Cork County Council on or before the 30th May, 2019 and to Cork City Council on or after 31st May, 2019.
Where an exemption cert application under Section 97(5) of the Planning & Development Act 2000, as amended, is issued by Cork County Council on or before 30th May 2019 and the planning application is subsequently lodged to Cork City Council on or after 31st May, does the applicant need to apply for another exemption cert to the City Council?
The Exemption Cert issued by Cork County Council should be submitted with the planning application to Cork City Council. It will not be necessary to apply for another Exemption Certificate from the City Council.
What development contributions will apply for amenity in the Transfer area?
From the transfer date onwards, Cork City Council’s General Development Contribution Scheme (made under Section 48 of the Planning and Development Act 2000 (as amended)) and its Supplementary Development Contribution Scheme (made under Section 49 of the Planning and Development Act 2000 (as amended)) will apply to the Transfer area.
Where an application in the Transfer area is decided by Cork County Council on or before 30th May, what Planning Development Contributions Scheme will apply?
Planning Development Contributions will be levied in accordance with Cork County Council’s Development Contribution Scheme.
Where an application for a site in the Transfer area is decided on by Cork County Council/Cork City Council on or after 31st May, what Planning Development Contribution Scheme will apply?
From 31st May, 2019, onwards, Planning Development Contributions will be levied in accordance with Cork City Council’s Development Contribution Scheme for applications within the Transfer area.
Where planning permission is granted by Cork County Council for a site in the Transfer area, which Local Authority is compliance documentation submitted to?
The compliance documentation should be sent to Cork County Council on or before 30th May, 2019 and it should be submitted to Cork City Council on or after 31st May, 2019.
If property is located within the Transfer area and is a Protected Structure, will it continue to be a protected structure when the area transfers to the City on 31st May 2019?
Yes. Structures in the Transfer area listed for protection in the Cork County Development Plan 2014 will continue to be protected structures on 31st May 2019. The Record of Protected Structures will come up for review as part of the next review of the Cork City Development Plan so any future changes will be a matter for the City Council. Details of Cork County Council’s current County Development Plan Policies can be viewed here http://corkcocodevplan.com/
If property is located within the Transfer area and is within an Architectural Conservation Area, will it continue to be in an Architectural Conservation Area, when the area becomes part of the city boundary?
Yes. Architectural Conservation Areas listed for protection in the Cork County Development Plan 2014 will continue to be protected after the 30th May 2019. Policies relating to Architectural Conservation Areas within the Transfer area will be implemented by Cork City Council. Architectural Conservation Areas will come up for review as part of the next review of the City Development Plan, so any future changes to Architectural Conservation Areas within the Transfer area will be a matter for Cork City Council. Details of Cork County Council’s current County Development Plan Policies can be viewed here http://corkcocodevplan.com/
Which Local Authority can queries regarding Archaeological Monuments, Protected Structures and Archaeological Conservation Areas be submitted to?
Queries emanating from/relating to the Transfer area should be submitted to Cork County Council up to and including 30th May 2019. Queries should be submitted to Cork City Council on or after 31st May, 2019.
Which Local Authority should Archaeological Discoveries be advised to?
The appropriate point of contact in this regard is the National Monuments Service. Where a discovery/find is made in the Transfer area, the information should also be communicated to the County Archaeologist in Cork County Council up to and including 30th May 2019 and where the discovery/find is made in the Transfer area on or after 31st May, it should be communicated to the City Archaeologist, Cork City Council.
If a request is being made to add/delete a Protected Structure in the Transfer area from the Record of Protected Structures, which Local Authority should the request be submitted to?
The request should be submitted to Cork County Council up to and including 30th May, 2019 and it should be submitted to Cork City Council on or after 31st May, 2019.
Which Local Authority should a Section 57 Declaration under the Planning & Development Act, 2000, as amended, be submitted to?
Section 57 applications in respect of works affecting character of protected structures or proposed protected structures in the Transfer area must be submitted to Cork County Council up to and including 30th May 2019. These applications must be submitted to City Council’s Conservation Office on or after 31st May, 2019.
Which Local Authority can Preplanning/Planning advice be sought in respect of any built heritage and/or archaeological implications of development proposals in the Transfer area?
Pre-planning /planning advice can be sought from Cork County Council’s Heritage Section in the Planning Directorate on or before 30th May, 2019. Advice must be sought from Cork City Council on or after 31st May, 2019.
Where a pre-planning meeting is being held in relation to any significant proposed development in the Transfer area, Cork City Council personnel will be invited to attend these meetings subject to the applicant’s agreement.
Will it still be an objective to provide open space and recreation and amenity facilities as part of new residential development in the Transfer area?
The existing provisions and standards of the Cork County Development Plan, 2014, will continue to apply until such time as the next City Development Plan is adopted, or the current Plan varied, by Cork City Council.
Will recreation and amenity projects proposed in the Transfer area continue to be progressed?
It will be a matter for Cork City Council to progress projects in the Transfer area from 31st May, 2019 onwards.
Does the boundary change affect the Strategic Land Reserve process?
Any Strategic Land Reserve locations within the Transfer area will become the responsibility of Cork City Council.
Strategic Land Reserve locations remaining in the Cork County Council administrative area will continue to be advanced as part of Cork County Council’s Active Land Management responsibilities. Details of Cork County Council’s current County Development Plan Policies can be viewed here http://corkcocodevplan.com/
Details of Cork County Council’s current Municipal District Local Area Plans can be viewed here http://corklocalareaplans.com/
Does the boundary change affect the Vacant Sites Register process?
All entries on Cork County Council’s Vacant Sites Register that are located within the Transfer area will become the responsibility of Cork City Council after May 31st 2019. Vacant Sites Register entries remaining in the County Council administrative area will remain as part of Cork County Council’s Vacant Sites Register process.
Where the site for which a Section 5 Declaration is being sought is in the Transfer area, which Local Authority should the Section 5 Declaration be submitted?
The Section 5 Declaration should be submitted to Cork County Council on or before 30th May, 2019 and to Cork City Council on or after 31st May, 2019.
Where a Section 5 Declaration for a site in the Transfer area is submitted to Cork County Council on or before the 30th May, 2019, which Local Authority makes a decision on the Section 5 Declaration?
Cork County Council issues the decision on the Section 5 Declaration.
Where Cork County Council issues a decision on a Section 5 Declaration Application for a site in the Transfer area, and the decision is appealed to An Bord Pleanála, which Local Authority will process the appeal?
Cork County Council will continue to have responsibility for all applications until the appeal process is concluded by An Bord Pleanála.
Where the site for which a Planning Search is being sought is in the Transfer area , which Local Authority should the planning search request be submitted to?
The Planning Search request should be submitted to Cork County Council on or before the 30th May, 2019 and it should be submitted to Cork City Council on or after 31st May, 2019.
Where a Planning Search for a site in the Transfer area is submitted to Cork County Council, which Local Authority makes a decision on the Planning Search?
Cork County Council issues the correspondence and documentation on the Planning Search where the request has been submitted to Cork County Council on or before 30th May, 2019 and Cork City Council issues the correspondence and documentation for requests submitted on or after 31st May, 2019.
Where an appeal is submitted to An Bord Pleanála regarding a planning decision made by Cork County Council which relates to a site in the Transfer area, which Local Authority will process the appeal?
Cork County Council will continue to have responsibility for the application until the appeal process is concluded by An Bord Pleanála.
Where the site for which the request for a copy of a planning file or other documents is being sought is in the area being transferred to Cork City Council known as Transfer area (TA), which Local Authority should the request be submitted to?
The request for a copy of the planning file or other documents should be submitted to Cork County Council on or before the 30th May, 2019 and to Cork City Council on or after 31st May, 2019.
If a meeting is being sought for a Section 247 Consultation under Planning & Development Act 2000 (PrePlanning Meeting between the applicant and the Planning Authority) in respect of a site in the Transfer area, which Local Authority should the meeting be sought with?
The meeting should be sought with Cork County Council on or before 30th May, 2019 and Cork County Council will invite the relevant Cork City Council personnel to attend the S247 Consultation subject to the consent of the applicant.
The meeting should be sought with Cork City Council on or after 31st May, 2019.
If An Bord Pleanála (ABP) arranges a Section 5 Pre-Application Consultation under Planning & Development (Housing) and Residential Tenancies Act 2016 (PrePlanning meeting between the applicant, the Planning Authorities and An Bord Pleanála) what is the procedure regarding the meeting?
ABP will issue agenda, chair the meeting, keep a record of the meeting and invite relevant personnel from Cork County Council and/or Cork City Council. Personnel from both Councils are invited to such meetings if the site borders the existing County/City Boundary or if it will border the new County/City boundary.
If an application for an SHD is made to An Bord Pleanála (ABP) post 30th May 2019 and Cork County Council has held a Section 247 Consultation, what is Cork County Council’s role regarding the application?
In accordance with section 8(5)(a) of the Planning & Development (Housing) and Residential Tenancies Act 2016 Act, both authorities, Cork City and Cork County Council, will submit Chief Executive’s reports to An Bord Pleanála (ABP)
Where An Bord Pleanála (ABP) grant planning permission for a Strategic Housing Development in the Transfer area, which Local Authority should the compliance documentation be sent to?
The compliance documentation should be sent to Cork County Council on or before 30th May, 2019 and it should be submitted to Cork City Council on or after 31st May, 2019.
Where a request for a Strategic Housing Development (SHD) preplanning consultation is being sought for the development of a site within an Urban Expansion Area (UEA) in the Transfer area, which Local Authority should the preplanning meeting be sought with?
The request for a S247 preplanning meeting should be submitted to Cork County Council on or before 30th May 2019 and it should be sought from Cork City Council on or after 31st May 2019. Where such a meeting is sought with Cork County Council on or before 30th May 2019, Cork City Council relevant officials are invited to attend such meetings in an observer’s role subject to the applicant’s agreement.
Where a Landowner/Developer has engaged with Cork County Council on or before 30th May 2019 in relation to the development of their lands within an Urban Expansion Area (UEA) in the Transfer area, which Local Authority facilitates discussions with the said Landowners/Developers going forward?
All meetings and discussions with developers/landowners for sites within Urban Expansion Areas (UEAs) in the Transfer area will be held with Cork County Council on or before 30th May 2019 and with Cork City Council on or after 31st May 2019.
Which Local Authority should local residents or members of the public direct enquiries to regarding Urban Expansion Areas (UEAs) within the Transfer area?
Local residents or members of the public with a specific enquiry about an Urban Expansion Areas (UEA) within the Transfer area should direct their enquiry to Cork County Council on or before 30th May 2019 and to Cork City Council on or after 31st May.
Which Local Authority should relevant State Agencies (DHPLG, OPW, TII, NTA, DES etc) contact in relation to the UEAs within the Transfer area going forwards?
All relevant State Agencies should engage with Cork County Council on or before 30th May 2019 and engage with Cork City Council on or after 31st May 2019.
Where a landowner considered to be directly affected by the Part 8 Project “Glanmire Road Improvements and Sustainable Transport Works” has been issued correspondence by Cork County Council, which Local Authority should that landowner engage with going forwards?
Queries from affected landowners should be directed to Cork County Council’s Housing Infrastructure Implementation Team on or before 30th May 2019 and to Cork City Council’s Customer Services at 021 492 4444 on or after 31st May 2019.
Where an application is submitted by a developer, property owner to Cork County Council to have an estate taken in charge but the estate has not been taken in charge by 30th May, 2019 (Transition Date), what happens to the application after 31st May 2019?
Cork County Council will forward all files and correspondence on such estate(s) to Cork City Council at Transition Date and Cork City Council will continue to process the application and decide on it.
If a cash security was provided to Cork County Council in respect of a development within the Transfer area, what happens to the Cash Security after 31st May 2019?
Security provided to Cork County Council will be transferred to Cork City Council.
If a Bond was provided to Cork County Council in respect of a development within the Transfer area, what happens to the Bond after 31st May 2019?
Bonds provided to Cork County Council will be transferred to Cork City Council at Transition Date.
How do I know if an estate within the Transfer area is taken in charge?
All such queries should be directed to Cork County Council on or before 30th May, 2019. From 31st May, 2019 onwards, queries should be directed to Cork City Council.
Where the site which is the subject of a new planning enforcement complaint is in the Transfer area, which Local Authority should the complaint be submitted to?
The complaint should be lodged with Cork County Council on or before 30th May, 2019 and it should be lodged with Cork City Council on or after 31st May, 2019.
Cork County Council will consult with Cork City Council with regard to any “open complaints” (complaints not dealt with and closed out) received for sites in the Transfer area on or before 30th May, 2019.
Where an Enforcement File has been opened by Cork County Council on or before 30th May, 2019 and the site is in the Transfer area, which Local Authority will be dealing with the open Enforcement file on or after 31st May, 2019?
Cork County Council will be dealing with the complaint in consultation with Cork City Council.
Where a complaint is submitted to Cork County Council on or before 30th May, 2019, regarding an unauthorised development in the Transfer area, which Local Authority can additional information in relation to the same complaint be submitted to on or after 31st May, 2019?
The additional information in relation to the same complaint should be submitted to Cork County Council and Cork County Council shall consider next steps following consultation with Cork City Council.
Where a complaint is submitted to Cork County Council on or before 30th May, 2019, regarding an unauthorised development in the Transfer area and another person wishes to make a complaint about the same enforcement issue, which Local Authority should the complaint be submitted to on or after 31st May, 2019?
The additional complaint details in relation to the same enforcement issue should be submitted to Cork County Council and Cork County Council shall consider next steps following consultation with Cork City Council.
Where Cork County Council has an existing open Enforcement File for a site in the Transfer area and if a new complaint is being lodged on or after 31st May, 2019, regarding additional issues arising on the same site, which Local Authority should the details of the new complaint be submitted to?
Cork City Council will be dealing with all new complaints in the Transfer area on or after 31st May, 2019, therefore the new complaint details must be submitted to Cork City Council.
Where Cork County Council has an existing open Enforcement File for a site in the Transfer area and a planning application is lodged with Cork City Council on or after 31st May, 2019 to regularise the enforcement issue(s), should the applicant advise the Enforcement Section of Cork County Council that they have lodged a planning application with Cork City Council?
It would be essential to advise Cork County Council’s Enforcement Section that a planning application has been lodge to regularise the enforcement issue. Cork County Council is required to consult with Cork City Council on all enforcement cases in the Transfer area that are not dealt with (closed out) prior to 31st May, 2019.
Where the site for which a Directional Sign Licence application is being sought is in the Transfer area, which Local Authority should the Application for a Directional Sign Licence be submitted to?
The licence application should be submitted to Cork County Council on or before the 30th May, 2019 and to Cork City Council on or after 31st May, 2019.
Where a Directional Sign Licence application for a site in the Transfer area is submitted to Cork County Council on or before the 30th May, 2019, which Local Authority makes a decision on the Licence application?
Cork County Council issues the decision on the Directional Sign Licence application. Subsequently, the file will be forwarded to Cork City Council who will deal with the renewal of the licence in the future.
Directional Sign Licence application due for renewal in the Transfer area on or after the 31st May, 2019 should be submitted to Cork City Council.
Where do I go about getting an estate taken in charge?
Section 180 of the Planning and Development Act 2000 provides the legal basis for Cork City Council to take public areas within residential development in charge. After May 31st 2019, a developer or group of residents in the transfer area can contact Cork City Council about the taking in charge of an estate.
When a residential development is carried out and completed in accordance with the relevant planning permission and all conditions attached, the developer may make a written request to Cork City Council (Development Management Planning Section) to have the public areas of the development taken in charge (for example, the roads, footpaths, car parking areas, public open spaces and services).
Alternatively, a majority of residents may also make a written request (please refer to section 180 of the Planning and Development Act 2000 as amended for further details).
For further details: https://www.corkcity.ie/en/council-services/services/planning/planning-application-process/taking-in-charge-of-residential-development.html
