Planning

Development Management

The Development Management team is responsible for ensuring that all planning applications are processed in accordance with current legislation and that all decisions are made in accordance with local, regional and national policies. A summary of the actions undertaken in carrying out these development management responsibilities include:

• Providing a high standard of customer service to all the various stakeholders in the planning process.
• Facilitate the pre-application consultation in a timely and informative manner.
• Validation of all new planning applications.
• Processing and management of planning files in an efficient manner.
• Referral of planning applications to internal departments and external agencies / bodies.
• Undertaking site inspections in respect of all planning applications.
• Preparation of planning reports outlining a proposed development’s consistency with current planning policy and the proper planning and sustainable development of an area.
• Provision of up-to-date information to the public on the planning process.

The Development Management Team is committed to continuously improving the standards of customer service it provides to all the various stakeholders in the planning process. 2010 has been another productive year for the Development Management team. During 2010 a total of 534 planning applications were received by Sligo County Council which is a reduction on the 2009 equivalent but is reflective of current economic climate nationally. Of the applications determined over this period, 92% of the applications were the subject of decisions to grant planning permission and over 79% of all planning applications were determined within 8 weeks of their receipt. The over the counter validation service continues to provide an excellent service to customers as reflected in the low number of invalid applications (8%) processed by the Development Management Team.

Looking forward to 2011 Sligo County Council will be required to implement the provisions of the new Planning and Development Act 2009 which is likely to involve some new procedural changes to development management activities and clears the way for submission of on-line planning applications which is a service that the Planning Authority hopes to make available to its customers subject to the necessary resources being available. Development work continued on the online pre-planning software application and this was made available on the Council’s website to planning professionals and the general public early in 2010.

Enforcement/Building Control

The principal Activities of the Enforcement Section include: -

• Enforcement of planning control.
• Collection of development contributions and securing bonds.
• Monitoring/liaising with developers to ensure housing estates are completed to a satisfactory standard for taking in charge.
• Building Control.
• Dangerous Structures.
• Derelict Sites.

Enforcement of Planning Control

The sections role in this area involves investigating complaints from the public with regard to unauthorised development, random inspections of developments in progress, and dealing with prior to commencement conditions or conditions which have not been complied with. 

Unauthorised development include developments works, (which are not exempted) which are carried out on a site without the benefit of planning permission, and development which is not in compliance with the terms (drawing, site layout, etc) or the conditions of the grant of planning permission.

The Enforcement Section investigates all cases of unauthorised development, which comes to its attention. It will conduct a site visit and examine the planning history of the site and may issue a warning letter to and/or serve an Enforcement notice on the Developer, as specified under the Planning and Development Act 2000. There is strong legal powers available to enable the Council deal with offenders, and legal action is taken where necessary. There are heavy penalties where a person is convicted in the Courts for carrying out unauthorised development.

Service Indicators

A total of 172 complaints in relation to unauthorised development were lodged with the Council during 2010. The Council carried out 869 inspections, investigated 149 new complaints, issued 114 Warning Letters served 91 Enforcement Notices, and initiated 39 prosecutions. During the same period 208 complaints were resolved or dismissed.

Complaints Regarding Unauthorised Developments

Complaints to the Council can be made in writing, by e-mail or by telephone. A complaints form is also available online to facilitate the making of a complaint. Full details should be included over to the nature and extent of the development, the person (if known) who is carrying out the development and accurate location details (preferably indicated on a site location map) to facilitate inspection by the Council.

All complaints are treated confidentially. It is the policy of the Council that the name of the person who provides information to it on enforcement issues is not released to a third party.

Collection of Development Contributions and Security Bonds

A revised Development Contribution Scheme was adopted by the Council under Section 48 of the Planning & Development Act 2000 in November 2006. This scheme sets out the level of contribution required for each type of development as well as the basis for levying the contribution. Contributions from the scheme will help to fund the provision of infrastructure throughout the County. In addition, special contributions have been levied in respect of waste – water schemes in Coolaney, Dromore West, Bunninadden, Carney, Gurteen, Castlebaldwin, Ballintogher and Rockfield.

Procedures are in place to ensure that development contributions are paid to the Council. Where the contributions are not paid, appropriate action is taken, up to and including legal action.

Bond

The Council imposes a condition on all housing schemes requiring that development works shall not commence until adequate security for the satisfactory completion of the development has been submitted to and accepted by the Planning Authority. Particular attention is given by this section to ensuring that adequate security is in place in respect of all housing developments. The security is only released when the development has been completed to the satisfaction of the Council and, or has been taken in charge. The phasing of the security is permitted in certain circumstances.

Taking Estates in Charge

A Legal obligation has been placed on Local Authorities, under Section 180 of the Planning and Development Act 2000, to take in charge housing estates where certain conditions have been met. 

Many new housing estates have been built in the County over the last number of years. The activities of the Enforcement Section are geared towards ensuring that these estates are completed to a high standard and to allow the Council (where the developer or residents desire) to take them in charge. 7 estates were taken in charge during the year, with a further 28 applications on hands at the end of 2010. 184 inspections were carried out.

Taking in Charge Process

Any request to have a housing estate taken in charge by the Council must be accompanied by a completed application form, fee, appropriate certification and written confirmation in relation to the maintenance of open spaces. It is the policy of the Council as part of the Taking in Charge process, to have carried out by an agent, on its behalf, a Closed Circuit TV survey on all main runs of foul and storm sewers, to ensure satisfactory standards of construction.

Building Control

The Council is the building control authority for both Sligo County Council and Sligo Borough Council. The objective of the Building Control Section is to encourage good building practice and to ensure that buildings are constructed correctly and that access for the disabled and elderly is provided for in building plans. The Council is required, under inspection targets set nationally, to inspect between 12% and 15% of new works which were notified by way of the submission of a Commencement notice. In 2010 221 new buildings were notified to the Council of which 39 (18%) were inspected.

The Council continues to pay particular attention to compliance with Part M of the Building Regulations (which deals with access for people with disabilities). A high level of compliance has been achieved in this area.

In addition it is the policy of the Council when in receipt of a Commencement Notice for 2 or more houses or for commercial or industrial premises to require the developer, to submit drawings showing compliance with Part M – Section 11 (c) BC Act 1990. This has the effect of making both the developer and the architect/agent aware that the Part M should be complied with both at the design and at the construction stages. Every effort is made to deal with breaches without seeking a resolution in the courts.

Commencement Notice

This is a notice submitted by a developer to inform the Council of intent to carry out building works. It must be submitted to the Building Control Section of the Council at least 14 days and not more than 28 days before the commencement of any works which require compliance with The Building Regulations.

A commencement Notice is required for:

• The erection of a Building
• The Material Alteration or Extension of a Building
• A Material Change of use of a Building
• Works in connection with the material alteration of a shop, office or industrial building.

A commencement Notice Form is available online or it can be obtained directly from the Building Control Section of Sligo County Council.

Disability Access Certificates (D.A.C.)

A D.A.C. is required for all new non-domestic buildings (including apartments and flats), material alterations and extensions to buildings and certain changes of uses. This requirement was introduced with effect from the 1st of January 2010. A fee of €800 per certificate is payable, with certain exemptions for small schools. 30 no. applications have been submitted to the Council during 2010.

Building Energy Rating (B.E.R.)

Under new Building Control Regulations, buildings including dwelling houses for which planning permission is applied for require both a provisional B.E.R. certificate and a full B.E.R. certificate on completion. 

In addition, any building offered for sale or rent requires a B.E.R. certificate. The Council is responsible for securing compliance although no income accrues to it in respect of same. In 2010, 313 certificates were sought by the Council. 

Dangerous Structures or Places

This department deals with structures or places which are a danger or likely to be a danger to the public. A notice may be served on the owner requiring works to be carried out to prevent the structure or place from being dangerous. The Council may also carry out such works itself and recover the costs from the owner.

Derelict Sites

The Council is required by law to establish and maintain a Register of Derelict Sites. All reports of dereliction are investigated and Notices of Intention to enter the site on the register are served on the owner/occupier of the site in question (where appropriate). Any written representations are considered before deciding whether to enter the site on the Register. The Council can also serve notices on an owner or occupier of a derelict site specifying the measures to be taken to prevent land from becoming or continuing to be a derelict site.

During the year, 58 inspections were carried out throughout the County. In addition, the Council served Notice of its intention to enter 6 sites on the Derelict Sites Register. 5 sites were registered during the year, and in addition notices requiring certain measures to be taken to prevent dereliction were served on 2 owners.