Development Control Planning law regulates the physical appearance of the environment and the use to which property is put. Planning permission may be required, when there are works or a change of use to land or property. The Planning Acts labels works or change of use as “development”. Development requires a grant of planning permission unless it is exempt under […]
Section 5 Declaration There is a provision for an application to the planning authority for a declaration that works or use are exempt. The request requires information about the applicant and the property. It must set out in clear terms the question for which the declaration is sought and the subject matter of the request concerned. It specifies whether it […]
Overview Almost all works, even very minor ones, potentially constitute “development” under the Planning and Development Act. Pragmatic considerations require that minor works and certain other categories of work should not require planning permission. Accordingly, the Planning and Development Acts and regulations under them deem certain development to be exempt from the requirement for planning permission. Certain works are exempt […]
Demolition The demolition of a building, or buildings, within the curtilage of a house, an industrial building, a business premises, or a farmyard complex is exempt. The demolition of part of a habitable house in connection with the provision of an extension or porch of the exempted dimensions is exempted. No such building or buildings shall abut on another building […]
Industrial Development A range of industrial development is exempt. An industrial undertaker is an entity which carries on an industrial process. Works for the provision in the curtilage of an industrial building of a hard surface for the purposes or for in connection with the process carried on in the building is exempt. Storage within the curtilage of an industrial […]
Commercial to Residential Certain commercial premises can be changed to residential use subject to conditions. This includes shops, offices including premises used for professional and financial services (other than health and medical services) and certain other services, residential club, guest houses and hostels. The premises must have been completed before 8 February 2018 and used for one of the purposes […]
Temporary Use of Land The temporary use of any land for the placing of any tent, campervan or caravan or the mooring of any boat, barge or other vessel used for the purpose of camping, is exempt subject to the following conditions; not more than one tent or camper van should be placed within 100 metres of any tent campervan […]
Public Authorities The Planning and Development Act provides certain important exemptions from the requirement for planning permission. Development by a council within its own area is exempt. Development carried on jointly or in partnership with local authority pursuant to a contract entered with it, or in another capacity is exempt. The development is subject to prior public consultation requirements. Development […]
Use The following are the exempt classes of use for the purposes of the exempt development regulations. Development consisting of a change of use within one of the classes is exempt development, provided that it would not involve the carrying out of works other than works which are exempt development; contravene a condition in a planning permission granted under the […]
Public Undertakers There is detailed provision for exemption in relation to developments by statutory undertakers. There are different classes of exemption for different types of public utility/statutory undertaker. They permit different types of works which are necessary on a routine or on-going basis and are usual in the context of the business. Development required for the movement of rail traffic […]
General Various classes of advertisements are exempt subject to compliance with conditions. In each case, there are conditions and in some cases several detailed conditions. Advertisements other than those mentioned in the following below categories exhibited in business premises wholly with reference to the business or other activity carried on or the goods and services provided are exempt. There are […]
Rural In areas other than a City, town, certain other specified in the Act and certain excluded areas, the following development, primarily rural development, is exempt subject to compliance with conditions. Development consisting of the use of any land for the purpose of agriculture and development consisting of the use for that purpose of any building occupied with the land […]