Observations and Submissions
Commenting on a Planning Application
The Planning & Development Regulations 2001 (as amended) set out the procedures to be followed in respect of submissions/observations in relation to planning applications; these comments may be positive or negative. An appeal of a decision by a Planning Authority can only be made to An Bord Pleanála, where a valid submission has been received, other than the applicant or adjoining land owner who must apply for leave to appeal.
The Planning Application
When a planning application is received by the Planning Authority it is validated and assigned a planning register number. This is subject to the current Planning & Development Regulations. The planning application must be advertised by way of a site notice - which is erected on the site for development, and in a listed newspaper. Planning application reference numbers are available on our website or by calling the Planning section. This is a unique number and should be quoted on the submission/observation and on all correspondence regarding the application.
The planning process is an open and transparent process and your submissions/observations are placed on a public file with all other documents submitted. This information may also be placed on Kilkenny County Council's website. Should the content of the submission/observation be considered potentially defamatory the submission/observation shall be held confidentially i.e. not published on the website.
Participants making submissions to the Planning Authority on planning applications should be aware that comments involving allegations of any kind against a named or otherwise identifiable person or organisation may be viewed as defamatory by the subject of the comments. Participants may be sued directly for any defamatory allegations in a submission and should avoid making such allegations. Submissions made to the Planning Authority may be made available for public inspection. Please note that, in the event of any potentially defamatory allegation giving rise to legal action against it, the Planning Authority may seek indemnity from the person making the allegation. It should be understood that the Planning Authority is only concerned with issues relevant to the planning application and that personalised comments are generally not relevant to its deliberations.
A Valid Submission/Observation
To ensure your comments are taken into consideration your submission/observation must comply with the following:
- Any person or body, may make a submission or observation on a planning application.
- This must be made in writing to the planning authority in accordance with the Planning & Development Regulations 2001 (as amended).
- Must be made within the period of 5 weeks beginning on the date of receipt by the authority of the application. If the last day of this five week period falls on a Saturday, Sunday or Public Holiday, submissions/observations can be accepted on the next working day.
- A payment of €20 must accompany the submission/observation. Payment is accepted by cash at our public counter, or, can be paid by cheque or postal orders made payable to Kilkenny County Council. Laser and credit card payments are accepted also.
- The submission/observation must include the following:
- Include the Planning Register Number
- Your name and address
- e-mail address, if any, of the person or body making the submission/observation
- indicate the address to which any correspondence relating to the application should be sent.
- In the case of a submission/observation with multiple signatories, an acknowledgement will be sent to one signatory only, the address of which should be indicated on the submission/observation.
- Ensure the above details are legible (in block capitals) and the submission/observation is also signed and dated.
Should your submission/observation comply with the above, it is acknowledged and receipted by the Planning Department. These are important documents, and will be required if you wish to appeal the decision of the Planning Authority to An Bord Pleanála.
If the submission/observation does not comply, it is returned with the attached monies.
There is no mechanism in the regulations for the withdrawal of a submission/observation. You may however, make a further addition to your submission instructing the Planning Authority to disregard your original submission. This must be done as soon as possible, and within the first five weeks. Both letters then remain on the file.
What the Planning Authority does for a Valid Submission
A person or body which makes a valid submission/observation on a planning application is advised in writing:
- When a decision is made with a copy of the decision and information for planning appeals to An Bord Pleánala
- When an appeal is made to An Bord Pleánala