THE LIBERTIES DUBLIN Planning and What You Should Know
www.libertiesdublin.ie
INTRODUCTION This leaflet is intended to provide building owners and businesses with simple information on a range of planning issues relevant to The Liberties. The planning process is administered at local level by Planning Authorities—in Dublin this is Dublin City Council. The planning process is intended to be open and transparent and public participation in the process is encouraged. Any member of the public can therefore make their views known on an application for development or participate in the preparation of plans or strategies for their area. The planning process also incorporates a system of checks and balances. So therefore, applicants for planning permission have the right to appeal decisions made against them to an independent appeals board, An Bord Pleanála, while the integrity of the planning process is protected by a system of planning enforcement. Learn More: www.dublincity.ie/planning
APPLYING FOR PLANNING PERMISSION You need to apply for planning permission from Dublin City Council before you start any development work in the city. This includes: • Constructing a new building or other structure, e.g. house, factory, monument, playground, etc • Changing an existing building or property, e.g. an extension, a new floor, etc • Changing the way in which a property is used, e.g. to change a shop into a restaurant Some developments do not need planning permission. These are called 'exempt developments', and usually relate to minor works and routine maintenance. However, in the instance of buildings located within Architectural Conservation Areas or protected structures which are common in The Liberties, the right to undertake exempted development is usually curtailed. An application for planning permission requires a range of documentation including maps, plans and drawings of the development, completed forms and supporting statements (where required) and the payment of a fee. You may be required to discuss the development in advance with relevant staff in the Council, such as the planning officer, a drainage engineer or the conservation officer. These pre-planning consultations can usually help you to address any problems before they arise during the assessment of your application. A decision to grant or refuse planning permission is made within 8 weeks, with a final decision following 4 weeks later. The process may be extended where the Planning Authority requires further information to determine your application. Where the decision of the Planning Authority is appealed to An Bord Pleanála, a decision in that regard may take up to 18 weeks or longer.
PROTECTED STRUCTURES A protected structure is a building that a Local Authority considers to be of special interest from an architectural, historical, archaeological, artistic, cultural, scientific, social or technical point of view, and therefore worthy of preservation. The owner and/or occupier of a protected structure is legally obliged to ensure that the structure is preserved and properly maintained. The obligation to preserve a protected structure applies to all parts of the structure, including its interior, all land around it, and any other structures on that land. The obligation also applies to all fixtures and fittings forming part of the interior of a protected structure (staircases, decorative ceilings, windows, etc) or of any structure on land around it (boundary walls, annexes, mews buildings, etc). Under the planning system, many minor works to structures, particularly interior works, do not normally require planning permission (exempted development). However, for a protected structure, such works can be carried out without planning permission only if the works would not affect the character of the structure or any element of the structure that contributes to its special interest. Depending on the nature of the structure, planning permission could, for example, be required for interior decorating such as plastering or painting. In most cases, you are a required to apply for planning permission for internal or external works to a protected structure.
THOMAS STREET & ENVIRONS ACA A wide area of The Liberties including Cornmarket and Thomas Street as far as Crane Street are part of an Architectural Conservation Area (ACA). An ACA is a statutory designation applied in order to protect and enhance the special character and quality of an area. The architecture, streetscapes, monuments and features of this area are what makes it special. In addition to maintaining an attractive place for people to live and work, protecting and enhancing our historic areas encourages greater numbers of people to visit and enjoy this part of Dublin. All property owners within an ACA must apply for planning permission for any changes to the exterior of a building that materially alters its character, whether the building is a protected structure or not. This includes, for example, replacing windows and doors, replacing a shopfront, undertaking significant facade repair, etc. Works that comprise routine maintenance of a building that is not a protected structure, for example painting an existing shopfront or repairing a gutter remain exempted development. In practical terms, the ACA policy requires property owners to retain and repair historic features of their buildings such as timber sash windows rather than replace them, say with uPVC windows. The ACA policy discourages the use of certain types of materials, for example plastic signage or large internally illuminated fascia displays on shopfronts. The ACA policy also encourages the careful placing of utilities, wiring, alarm boxes etc on the front of buildings to improve the visual appearance of the street.
SIGNAGE: GETTING IT RIGHT Signage is an important feature of your business identity. While well-designed and thoughtfully placed signage can enhance the appearance of your shopfront, excessive signage or the use of poor quality materials like printed laminate can detract from the character and quality of the wider area. While good quality shopfronts are encouraged throughout the area, the ACA policy requires that planning permission is sought for all signs (regardless of size and location) including projecting signs, erected externally within the area of the ACA. The following principles are required by the ACA for signage and should be used as guidelines for the rest of the area: • Signage should be contained within the fascia board of the shopfront with the lettering either painted on the fascia, or comprised of individual solid letters mounted on the fascia. The size of lettering used should be in proportion to the depth of the fascia board • Advertisements and posters including those that blacken out and/or obscure extensive areas of glazing are not permitted in the window display area • Advertisements and signs relating to uses above ground floor level should generally be provided at the entrance to the upper floors in a small plaque format • Banner type signs and advertising sheeting covering any part of the front facade of a building are not acceptable • Careful consideration should be given to the colours used on any advertising structures or signs. Sub stantial areas of inappropriate garish colours shall not be allowed as the background of any sign
DERELICT SITES Any member of the public may report to the Council any property that is derelict. Action under the Derelict Sites Act 1990 can be taken in the following instances: • Existence on land of structures that are in a ruinous, derelict or dangerous condition • Neglected, unsightly or objectionable condition of land or any structures • The presence, deposit or collection on land of any litter, rubbish, debris or waste The Liberties Business Area Improvement Initiative previously made representations to Dublin City Council regarding a number of properties in The Liberties that it considers derelict and that fall under the provisions of the Derelict Sites Act.
MINOR WORKS Certain works do not require planning permission, particularly works that contribute to the routine maintenance of a building. You may request the Planning Authority to determine whether proposed works are exempted by means of a Section 5 Declaration. This may be obtained upon the provision of required information to the Council and the payment of a fee. A Declaration is made within 4 weeks. The Planning Authority may within its discretion agree to minor works or development for protected structures or buildings within Architectural Conservation Areas without the need to obtain planning permission. Where the Planning Authority finds that the works are not exempted development, an application for planning permission is required. More details at www.dublincity.ie/planning
ENFORCEMENT Planning legislation provides for a range of legal remedies to enforce the planning process. These remedies are undertaken by Planning Enforcement Officers within the Council. Where the Council is of the view that works have been undertaken without permission or that works have been undertaken contrary to the conditions of a planning permission then the Council may take enforcement action. As part of its commitment to improving the quality of the environment within The Liberties, Dublin City Council has recently increased the level of planning enforcement being undertaken in the area. You can make a complaint against any unauthorised development in Dublin City. To do so email planningenforcement@dublincity.ie
CONTACTS DCC Planning Department 01 222 2149 planning@dublincity.ie DCC Planning Enforcement 01 222 2147 planningenforcement@dublincity.ie
The Liberties Business Area Improvement Initiative is a partnership between Dublin City Council and local businesses and stakeholders that is working to transform the commercial heart of Dublin 8 through public and private sector investment, to create a more a more vibrant and attractive city neighbourhood. More about the Initiative at www.libertiesdublin.ie
DCC Derelict Sites 01 222 3378 derelictsites@dublincity.ie An Bord Pleanala 01 858 8100 bord@pleanala.ie Liberties Business Forum 01 222 5180 forum@libertiesdublin.ie
info@libertiesdublin.ie @ LibertiesDublin The Liberties Dublin
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