DEVELOPMENT APPLICATION PROCESS: A KENYAN PLANNING PERSPECTIVE

Mido Collins Lugalia

Contact details of the author: Mido L. Collins, Box 7083-00100, KENYA.Tel. +254725138018 E-mail: collinsmido@gmail.com.

This information is intended as a practical guide only. It does not apply to mining or major state development undertakings/activities. It is not a definitive legal interpretation of physical planning law. For more information you may consult - The Physical Planning Department, Ministry of Lands, and Housing & Urban Development, 5th Avenue, off Ngong Road or Nairobi City County Planning Office or a physical planning office near you. The law governing the planning system is set out in the Physical Planning Act, Cap 286 and the County Governments Act No 17 of 2012among other statutes. These may be accessed by way of the link www.kenyalaw.org or pur-chased from the GOVERNMENT PRINTERS SALE OFFICE.

The need for planning permission?

Generally, you need planning permission for any development of land or property unless it is specifically exempted1 from this need. The term development includes the carrying out of works (building, demoli-tion, and alterations) on land or buildings, and the making of material (i.e. significant) change of use of land or buildings. According to the Physical Planning Act, development is classified as class ‘A’ develop-ment or Class ‘B’ development. The making of any material change in the use or density of any buildings or land or the subdivision of any land is classified as Class “A”2 development; and the erection of such buildings or works and the carrying out of such building operations, as the Minister (Now cabinet secre-tary)3 may from time to time determine, is classified as Class “B”4 development. You will therefore need planning permission5 for any development as the Planning law defines. There are also other land-use activities that constitute Class ‘A’ development and therefore material change of land and include;

1) The deposit of refuse, scrap or waste materials on land,2) The use as two or more dwellings of a building previously used as one dwelling,3) The erection of more than one dwelling or shop or of both dwelling and shop on one plot,4) The display of any advertisement, Provided that the advertisement displayed is inside a building,

then it shall not be included.5) The use of any buildings or land within the cartilage of a dwelling for any purpose incidental to

the enjoyment of the dwelling

1 The PPA CAP 286 Is quite vague on what is exempted from planning permission.2 This classification is quite contradictory. National development and local development could be most appropriate with the former being handled with the National government and the later by county governments.3

The functions of the Minister in charge of development planning transferred to the Cabinet Secretary by the new constitution 2010

and the county government Act 2012, who will give final directive on development application matters?4 See 2 above5 I am using the term ‘planning permission’ throughout this publication instead of ‘’development permission’ since not all applications made to a planning authority are all development oriented

What is exempted development?

Exempted development is development for which planning permission is not required. Categories of exempted development are set out in Physical Planning Act. These include, as stated in the Act;

(I) the carrying out of works for the maintenance of improvement or other alteration, of or addition to, any building where such alteration or addition does not exceed 10 per cent of the floor area of the building measured on the date this Act becomes applicable to the area in which that building or land is situated;

(ii) the carrying out by a competent authority of any works required for the construction, maintenance or improvement of a road, if the works are carried out on land within the road reserves;

(iii) the carrying out by any local authority or statutory body of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including breaking open of any street for that purpose and the installation of services by such local authority or statutory body;

Some small developments, such as a ‘small ‘extension to your house especially at the backyard like building a garage or a short term change in how you use your land may not need a specific planning ap-plication but it is important to consult your local planning authority. You can also apply to the County Planning Department for a formal decision as to whether or not an existing or planned development needs planning permission. If it does not need planning permission you will receive a 'Certificate of Compliance' PPA 9, which gives you the same immunity from enforcement action as planning permis-sion. If the planning authority decides not to give you a certificate of compliance, then you can apply for development permission or you can appeal to the Physical Planning Liaison Committee. The purpose of exemption is to avoid controls on developments of a minor nature.

Applications for planning permission

When an application is received, it is first checked (or should be checked) against the relevant National and Local Planning Application Requirements to ensure the validity of its contents. Only when an appli-cation is considered to be ‘valid’ will it be formally registered. Any application made under any of regula-tions in the PPA CAP 286 is to be made to the planning authority within whose county the development to which the application relates is situated. An application to a planning authority for development per-mission is to be made in accordance with this regulation.An application for planning permission must contain;

∑ A written description of the development to which it relates;∑ The postal address of the land to which the development relates or, if the land in question has

no postal address, a description of the location of the land like the street or avenue; and∑ The name and address of the applicant and, where a physical planner is acting on behalf of the

applicant, the name and address of that plannerAll these are made vide PPA Form 16 which seeks application for development permission.

6 See Annex, Application for Development Permission (PPA Form 1) and CAP 286 Fourth Schedules.

Making a Valid Planning Application:

An application for planning permission may be made for:

1. Change of use2. Extension of use3. Extension of lease4. Subdivision

Form and content of an application for planning permission

An application to a planning authority for planning permission is to be made in accordance with regula-tions specified in the Physical Planning Act CAP 286 of 1996. An application for planning permission must contain;

i. A written description of the development to which it relates; this includes if its change of use, extension of use/lease, amalgamation, and subdivision. This is done via PPA Form 1, a planning brief, design brief, design framework which is prepared by a registered Physical Planner certified by the physical planners’ registration board7.

ii. The postal address of the land to which the development relates or, if the land in question has no postal address, a description of the location of the land; and

iii. The name and address of the applicant8 seeking development permission and, where an agent9

is acting on behalf of the applicant, the name and address of that agent.The application must be accompanied by a plan (Survey, architectural, or Google/bing map) Sufficient toidentify the land to which it relates; and showing the situation/location of the land in relation to the lo-cality and in particular in relation to neighboring land (site plan) and other plans and drawings as are necessary to describe the development to which it relates. Any neighboring land that is owned by the applicant (for amalgamation or subdivision), should be indicated on the survey plan. The developer should attaché certificates required. This includes clean land titles (recent search title), latest receipt payment for land rates to the planning authority, and architectural certificates, Registered Physical planners (or stamp), or Lead experts. If where the application relates to development belonging to the categories that require EIA10 report under NEMA regulations and EMCA Act, a pre-application consulta-tion report commonly referred to as an EIA report is prepared by a Lead Expert recognized and certified by NEMA.

7 See Laws of Kenya, Physical Planners Registration Act 8 To mean developer or agent9 I prefer to use the term agent since these can be a registered planner with a background in environmental stud-ies, architecture, or urban and regional planning10 Environmental Impact Assessment.

There is a category of development permission where the application relates to the installation of an antenna(s) to be employed in an electronic communications network. Such applications require a design brief11 complete with architectural drawings and representations.For an application to be valid, the Planning Application Form, PPA 1, must be accompanied by:-

1. Two (2) newspaper adverts in the Kenya gazette and a local daily newspaper in which the notice has been published, showing the date of publication.

2. Copy of site notice for the proposed development erected or affixed on the land/structure.

3. A site plan12 (Survey plan, architectural, and google/bing maps)

4. 6 copies of Architectural and a location map.

5. Where a planning application is in respect of any new development consisting of or mainly consisting of the carrying out of works on, in, over or under land, it shall be accompanied by 6 copies of such plans (including a site or layout plans & drawings of floor plans, elevations & sections) & other particulars that are necessary to describe the works. This is the most common application made to most planning au-thorities since it involve building of new structures.

6. Where a planning application is for any development consisting of or mainly consisting of the makingof any material change in the use of any structure (alterations) or other land, or for the retention of such material change of use it shall be accompanied by a statement of the existing use & of the use proposed together with particulars of the nature & extent of any such proposed use. If these includes also the car-rying out of works on, in, over or under the structure or other land the application shall be accompanied also by 6 copies of such plans (including a site or layout plans & drawings of floor plans, elevations &Sections) & other particulars that are necessary to describe the works.

7. Planning briefs, Design, access statements and EIA’s

According to PPA Cap 286, an application for planning permission for development belonging to the cat-egories of Class A or major developments must be accompanied by a design brief commonly referred to as a planning brief. An application for planning permission for development belonging to the category of local developments where the land to which the application relates is situated within, a World Heritage Site; a conservation area; a historic garden or designed landscape; a National Scenic Area; the site of a scheduled monument; or A listed building, must be accompanied by a design statement other than where the development in question comprises the alteration or extension of an existing building.

This regulation does not apply to an application for planning permission made under class B develop-ment and an application for planning permission for

i. Engineering or mining operations;

11 Also means design statements, design framework, or planning framework12 Which I have always thought should show the position of the site notice or notices affixed to the land/structureto help the planning officer to deduce the maximum visibility of the notice to the public.

ii. Small householder development; oriii. Large scale civil engineering

A planning brief13 is a document prepared by a registered physical planner recognized by the Physical Planners Registration Board about the urban/regional planning and design principles and concepts that have been applied to the development and explains the planning policy or approach adopted as to de-sign and how any policies relating to design in the development plan have been taken into account. It also describes the steps taken to appraise the context of the development and demonstrates how the design of the development takes that context into account in relation to its proposed use; and states what, if any, public consultation has been undertaken on issues relating to the design principles and concepts that have been applied to the development and what account has been taken of the outcome of any such consultation.

A design statement is rarely used in the Kenyan planning system but I can’t fail to mention it due to its profound importance. It is similar to a planning brief but the main difference is that a design statement concentrates on accessibility of the proposed development in relation to the disabled. It contains both a design (drawn or represented in non-word form) statement and written statement about how issues relating to access to the development; traffic analysis and parking strategies for disabled people have been dealt with14. Planning officers and authorities in Kenya have failed to successfully include design statements in there planning briefs. A quick look at most buildings in the city (and beyond) and there access points illustrates a phenomenon where accessibility options for the disabled are limited. A design statement therefore explains the policy or approach adopted as to such access and, in particular, howpolicies relating to such access in the development plan have been taken into account; and any specific issues which might affect access to the development for disabled people have been addressed;

A design statement also describes how features which ensure access to the development for disabled people will be maintained; and states what, if any, consultation has been undertaken on issues relating to access to the development for disabled people and what account has been taken of the outcome of any such consultation.

8. It is important to note that all ownership documents, particulars, plans, drawings & maps must be accompanied by a Planning brief/design guideline when making a planning application. In addition to the above, an applicant may be requested by the planning authority to provide a scale model of a pro-posed development, showing the elevations and perspective of the proposed development.

13 In summary, a planning brief illustrates how the proposed change is compatible with adjacent properties and other elements of the area relative to the proposed development. It should describe in detail the proposal accu-rately and concisely and provide details of all the uses/buildings proposed.14 I have barely seen a planning brief that comprehensively illustrates design and access options for the disabled. Most physical planners dwell on traffic analysis and generation and options to parking for the proposed develop-ment. They thus miss the whole point of preparing a planning/design brief.

9. Appropriate statutory Fee to the local planning authority in question (see Nairobi City County Finance Act 2013 for Nairobi City County)15.

10. Where waste water systems/sewer lines are required, they shall comply with the requirements of NEMA and the local planning authority.16

Notes for completion of Planning Application Form PPA Form 1:

To be filled by a registered physical planner. Please complete the Planning Application Form (PPA 1) infull as incomplete details may render the application invalid. In the event that you have any queries re-garding the completion of the form, contact your local planning authority.

Note: Planning Application must be made within 2 weeks (14days)17 of publication of newspaper notice (except where the last day of the 2 weeks is a Saturday, Sunday, public holiday or any other day on which the offices of The county governments is closed, the application shall be valid if received on the next following day on which the offices are open.

Newspaper Notice Requirements:

Notice of intention to make an application must be published in two of the leading newspapers or the Kenya Gazette within the period of 2 weeks before making the application (e.g. notice published on Fri-day 4th must be submitted to the County Planning Unit by Thursday17th) & shall contain:

∑ The Act/Regulation under which the development is being made. In these case, The Physical Planning Act CAP 286 of 1996

∑ Name of County and its address as a sub- heading.∑ Name of Applicant18

∑ Location, town land or postal address of the land or structure in question.∑ State if for Change of Use, Retention of use, subdivision etc for the development permission you

seek.∑ Nature & extent of the development including; if the development consists or comprises of the

provision of houses then state number of houses and If for retention state the nature of the proposed use & where appropriate the period it is proposed to retain the structure.

Site Notice Requirements:

15 Available online via www.kenyalaw.org16 Kindly inquire from your local planning authority on areas served by sewer lines as most towns and parts of the city are not served by sewer line.17 This regulation is rarely followed as there is no way a planning officer can deduce when the planning application was made public.18 Most gazette notices omit these but I believe it is important to include the names of the developer so as to re-move any doubt on ownership or any other conflict that may arise before the development is initiated.

The Site Notice Should be renewed or replaced if it is removed or becomes defaced or illegible within that period. The writings should be inscribed or printed in indelible ink on a white background, affixed on rigid, durable material and secured against damage from bad weather and other causes. It must also be securely erected or fixed in a conspicuous position on or near the main entrance to the land/structure concerned from a public road, or where there is more than one entrance from public roads, on or near all such entrances, or on any other part of the land or structure adjoining a public road, so as to be easily visible and legible by persons using the public road, & should not be obscured or concealed at any time

Note: If your local planning authority considers that the erection or fixing of a single site notice is insuffi-cient and/or does not adequately inform the public19, the authority may require the applicant to erect further notice(s) & submit such evidence as it may specify to comply with requirements.

Plans, Drawings and Maps:

A. All shown in Metric scale & north point indicated on all maps & plans except drawings of elevations &sections.

B. Location map - To be of sufficient size to a scale of not less than 1:1000 in built up areas & 1:2500 in all other areas (identified thereon) & marked or coloured so as to identify clearly the land or structure to which the application relates & the boundaries thereof in red, and any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant or the person who owns the land which is the subject of the application should be outlined in blue and wayleaves shown in yellow.20

C. Site or Layout Plans – Scale of not less than 1:500 & indicated thereon. Site boundary clearly deline-ated in red, and show buildings, roads, boundaries, septic tanks and percolation areas, bored wells, sig-nificant tree stands and other features on, adjoining or in the vicinity of the land/structure.

D. Other plans, elevations and sections - Scale of not less than 1:200 & indicated thereon, or such other scale as may be agreed with your planning authority prior to the submission of the application. The Site layout plans & other plans should show the level or contours, where applicable, of the land and theproposed structures. The drawings of elevations of any proposed structure should show the main fea-tures of any buildings which would be contiguous to the proposed structure if it were erected, whether on the application site or in the vicinity.

E. Plans relating to works comprising reconstruction, alteration or extension of a structure to be so marked or coloured as to distinguish between the existing structure and the works proposed.

19 This happens in most cases since most planning authorities have inadequate personnel to authenticate the ex-istence of erected site notices.20 Boundaries (RED), Adjacent land owned by applicant but not in use (BLUE), and Wayleaves(YELLOW)

F. Plans and drawings of floor plans, elevations and sections should indicate in figures the principal di-mensions (including overall height) of any proposed structure and site, & site or layout plans to indicate the distances of any such structure from the boundaries of the site.

G. If the development consists of or comprises the carrying out of works to a protected structure, or proposed protected structure or to the exterior of a structure which is located within an architectural conservation area or an area specified as such in a draft of a proposed development plan or a proposed variation of a development plan, shall, in addition be accompanied by such photographs, plans and oth-er particulars as are necessary to show how the development would affect the character of the struc-ture.

H. Your planning authority may, by notice in writing, require an applicant to provide additional copies of any plan, drawing, map, photograph or other particular, which accompanies the planning application.

Note: (i) any map or plan which is based on an Ordnance Survey map from Survey of Kenya must show the relevant Survey sheet number21. (ii) Plans and drawings must show the name and address of the person by whom they were prepared22.

Planning Application Fees:

Planning application fee varies from county to county but calculations on gross floor space are still guid-ed by the building code of Kenya. They therefore could be a slight difference in fee charges across coun-ty planning units. The fees included in the Table below have been extracted from the Nairobi City Coun-ty Finance Act 2013 for your assistance, and do not constitute full details of fees applicable to all plan-ning applications. It is well understood if you have background knowledge in Nairobi City County Zoning Guide23 due to the various categories/zones that are levied differently. For the purposes of clarification or in the event of doubt in any case, you are advised to refer to the Planning and Development Depart-ment in your respective counties.

Note: Gross floor space is to be taken as the total floor space on each floor measured from inside exter-nal walls24.

If a planning application is deemed invalid, a planning authority should by notice in writing (PPA 2) in-form any person or body who has made a valid submission of this fact & again the submission fee shall be returned.

21 Various survey maps and data can be obtained from Kenya Survey HQ’s at Ruaraka.22 Nairobi City County has a database of registered architects 23 This document is available online and shows the various ways in which the city county has been zone for various uses. Development that is not homogeneous or compatible with other existing developments in the surrounding area is not allowed hence you may not get an approval for such.24 See Building Code of Kenya 1997

How are planning decisions reached?

The case officer can advise you whether an application is to be determined by Committee or by the Head of Planning and Building under delegated powers.

Delegated Scheme

The council operates an approved Scheme of Delegation to officers. The scheme in relation to planning applications delegates all decisions to the Head of Planning and Building except in the following circum-stances:

I. Applications which are contrary to the development plan but are being recommended for ap-proval

II. Applications which the Head of Planning and Building considers to be of significant local interest or impact

III. Applications where a Member requests in writing, with reasons and within the 21 day stipulated timescale, that they be referred to Committee

IV. The Council’s own applications (except minor developments).

Delegated Process

Around 85% of planning applications are dealt with under delegated powers. In cases where the dele-gated recommendation is refusal, the Technical committee Members are notified and given time in which to discuss the matter with the case officer before a decision is finally made.

In making the decision, the planning authority takes a number of matters into account, including:

I. The proper planning and sustainable development of the area (e.g. appropriate land use (zon-ing), road safety, development density, size, location, adherence to established planning and development practices);

II. Its own development plan (Master plans, sector plans etc);III. Government policy;IV. the provision of a Special Amenity Area Order;V. any Kenyan heritage site or Special Areas of Conservation and Special Protection Areas;

VI. Submissions and observations made by members of the public on the application.

It may not take non-planning issues into account e.g. boundary or other disputes, questions more properly resolved through legal means, etc. The planning officer dealing with your application will visit the site and consider any comments received, for example these may be from objectors and consulteesregarding the application. They may contact you to obtain more information about the proposal or to suggest alterations to your plans, which will increase your chances of receiving permission. The inade-quate number of planning officer in most planning authorizes has made these process being done hastily without any clear site visits to the development site in question

The main focus by planning officials on reviewing these planning applications is on the application's compliance with planning policy25, however planning authorities also take into account material consid-erations, site specific factors such as access, and design, as well as any comments received during the consultation period26. Planning officials should therefore be keen to ensure that all development that takes place is of high quality and will reject poor designs, which are out of scale or character with their surroundings.

With the advent of the new constitution in 2010 and subsequent devolution has given citizens more power in participation of development activities in their respective counties. The county governments Act of 2012 has given the public an opportunity in public participation. Planning authorities should therefore aim to strike a balance between achieving a rapid turnaround of planning applications, and public desire to have a greater say in the decision making process. As a result there are two ways in which decisions can be made on applications, either through a delegated procedure or a Technical Committee procedure.

The planning authority can give a superior planning officer or delegated official powers to determine planning applications. This is commonly applicable is small planning jurisdictions that do not have the capacity for technical sitting like rural counties. Most of these rural counties circulate planning applica-tions to representatives of the Ministry of Lands, Housing and Urban development (Former District Planners) for comments The powers to determine planning applications should not be delegated to sin-gle planning officer especially if;

I. Approval would be contrary to planning policy and other relevant statutes; II. Applications are of a major, controversial or sensitive nature;

III. Applicants which have aroused significant public interest on valid planning grounds or an objec-tion from a statutory consultee;

IV. Applications subject to a request by an objector to address the Planning Application Committee with valid planning grounds (see below);

V. Applications where the recommendation is contrary to that of a statutory undertaker e.g. High-ways Authority.

A planning application cannot be valid if it infringes on any of the following properties of the surround-ing developments and factors:

∑ Devaluation of property ∑ Loss of view27

∑ Personal or financial circumstances or the character of the applicant ∑ Third party interest especially on conflicts regarding ownership of a parcel of land

25 Zoning guide, building code, Physical Planning act and various land statutes26 Most planning authorities rarely follow up to see if consultations were made prior to development application27 The development of high-rise residential developments in low-level residential neighborhoods is in particular affected by such an application though this is curbed via planning regulation like the zoning guide.

∑ Some matters covered by other legislation or controls including Building Regulations and Licens-ing from other government institutions.

Where delegated powers cannot be used (on applications which are more of a controversial nature) the Planning Committee28 is the body with the power to make the final decision on whether the application should be approved. Where an application requires significant change before being acceptable the plan-ning authority may give you the opportunity to withdraw the application and resubmit with revised plans.

Invalid Planning Applications:

Where a planning authority, on receipt of a planning application, considers that the requirements under the Planning Regulations have not been met, the application shall be deemed invalid & the planning au-thority, as soon as possible after receipt of an invalid application, by notice in writing, inform the appli-cant as follows:

I. That the application is invalid & cannot be considered further.II. Indicate which requirements have not been complied with.

III. Request the applicant to remove the site notice(s) erected/fixed in the site29.IV. Return to the applicant the planning application, including all particulars, plans, drawings, and

maps.

Time Limits:

Making of Decision – According to the Physical Planning Act CAP 286, Your planning authority shall not determine an application for permission until after 30 days beginning from date of receipt of valid appli-cation, and shall make its decision within the same period of beginning on the date of receipt of the val-id application provided a request for Further Information is not issued On receipt of Further Information which is to the satisfaction of your planning authority a decision shall issue within 4 weeks of the notice being complied with, provided that the total period is not less than 30days.

Appeals to the respective Physical Planning Liaison Committee is be made within 4 weeks from date ofdecision of the planning authority and may be made either by the applicant, a prescribed body or by any person who made submissions in writing in relation to the permission in question. Also in certain cir-cumstances a person who has an interest in the adjoining land in respect of which the permission has been granted may, without having made any prior submission to the planning authority, appeal a deci-sion.

28 These are commonly known as technical meetings in Nairobi City County Planning corridors, and Liaison Com-mittees in the Physical Planning Act CAP 286.29 This is not a question of policy but pure logic.

Types of planning decisions

Conditions may be imposed on the grant of a planning permission for regulating development or use of any land under the control of the applicant/developer, requiring the carrying out of works on any such land, the removal of any buildings or works authorized by the permission, or the discontinuance of any use of land so authorized, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.

Some planning conditions simply require compliance30; others may require action such as the submis-sion of additional information which should be approved prior to the commencement of development or some such other time scale as was considered necessary to regulate the development.

Material Planning Considerations

Normally taken into account in the determination of applications

1. The Statutory Development Plan (e.g. Nairobi city county master plan, National master plan..)2. Strategy policies3. Planning/Development Briefs produced by your local planning authority4. Government Advice (Planning Policy Guidance Notes, Statements and Circulars)5. Previous Planning decisions (including existing legal uses)6. Amenity considerations, e.g.

a. Overlooking b. Over-development c. Character of area d. Scale & bulk - resulting in loss of light e. Trees f. Smellg. Noise

7. Traffic generation, parking & safety8. Design9. Materials10. Crime and community safety

Non-Material Considerations

Not normally considered in the determination of applications

1. Loss of property value2. Land ownership and boundary disputes3. Business competition (e.g. second takeaway in the same vicinity)4. A loss of a private view

30Applicants / developers are advised to check planning permissions carefully to ascertain if there are conditions to be discharged and to allow sufficient time for the Local Planning Authority to process the request.

5. Legal rights/consents - deeds, covenants, private rights of way, licenses (eg. entertainment)6. Internal layout7. Provision of services, e.g. water, electricity8. Matters controlled under other legislation (e.g. Building Regulations)

There are 3 types of decision that can be reached: approval, approval with conditions, and refusal.

Unconditional planning approvals

These are rarely issued and normally relate to specific types of application.

Approval subject to conditions

This is where a planning approval is granted subject to planning conditions. Typical conditions include a time limit (usually 2 years) within which the proposal must be started, or requirements for building ma-terials (e.g. they must match those of the existing building). All conditions have to be justified in terms of their relevance to planning, the development, and their enforceability. On some occasions a planning agreement between the Planning Authority and the applicant/developer and any other parties with an interest in the land is required. For instance, the City County of Nairobi may come into agreement with a developer to build low cost in-come housing in return the city county waives all application charges and land-rates or produce utility services to the developer. Most planning authorities rarely use such oppor-tunities for either lack of knowledge for such of absence of political goodwill for providing such incen-tives among other factors. Conditions should only be imposed where they are:

a. necessary b. relevant to planning c. relevant to the development being planned d. enforceable e. precise; and f. reasonable in all other respects

Refusals

If an application is refused, reasons have to be stated. Usually these are due to conflicts with Develop-ment Plan Policies. For example, a proposal may result in unacceptable overshadowing of a neighbors living rooms and garden area at a large scale. Developers, architects and planners should try to reduce the likelihood of applications being refused. Development Plan and zoning guides should be made avail-able cheaply for public inspection at both the Town/County Halls receptions, as well as on display at all the libraries within the country and websites, whilst the case officer be made available by for consulta-tion at all stages of the application process.

Notification by the planning authority

After the decision

After the decision you will be issued a decision notice vide PPA Form II (Notification for approval/refusal for development permission) to the applicant. If you do not wish to negotiate you can appeal either against the imposition of a condition/s or a notice of refusal. Appeals must be made within 6 months of the date of decision. Appeals can take several months to decide.

Appeals are dealt with by the Planning Inspectorate and original objectors are automatically informed if an appeal has been lodged.

Summary

Timescale Action

Start Notice published in newspaper andsite notice erected

2 weeks later Latest date for lodging applicationBetween 2 and 5 weeks Application is validated by the planning authority. Submissions or objec-

tions are considered.Between 5 and 8 weeks Planning authority issue notice of their decision on the application. (Al-

ternatively, they may request further information.)4 weeks after issue of deci-sion

If no appeal is made, the planning issue of notice authority will issue grant of permission, or outline permission, except where they have al-ready indicated a decision to refuse.