Exempt Commercial

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 building in connection with the industrial process carried on in the building of all materials, products, fuel or waste are exempt. They must not be visible from any contiguous public road or be adjacent to the curtilage of the building.

Development of the following descriptions, carried out by an industrial undertaker on land occupied and used by such undertaker for the carrying on, and for the purposes of, any industrial process, or on land used as a dock, harbour or quay for the purposes of any industrial undertaking are exempt subject to conditions

• the provision, rearrangement, replacement or maintenance of private ways or private railways, sidings or conveyors,
• the provision, rearrangement, replacement or maintenance of sewers, mains, pipes, cables or other apparatus,
• the installation or erection by way of addition or replacement of plant or machinery, or structures of the nature of plant or machinery.

It must not materially alter the external appearance of the premises of the undertaking.  The height of any plant, machinery or of any structure in the nature of the same, shall not exceed 15 metres above ground level or the height of the plant, machinery or structure replaced, whichever is greater.

Combined Heat & Power System

There is an exemption for the construction or placement in the curtilage of an industrial building, a structure for the purpose of housing a combined heat and power system. There are detailed conditions regarding height length, area distance from the road distance from habitable house number of the same dimensions of the saloon noise levels.

There is a separate exemption for the construction of placement in the curtilage of a business premises or light industrial building structure for the purpose of housing a combined heat and power system. Different but similar conditions apply.

Solar Panels

There are exemptions for the placing or erection on the roof or wall of an industrial building within the curtilage of industrial building or on its roof walls et cetera, solar photovoltaic cells or installations. Detailed conditions apply.

Some are applicable in a solar safeguarding zone (near airports). Prior notice is required to the planning authority.

More generally there are conditions regarding layout size dimensions prominence height et cetera. There is a maximum total aperture area.

Similar exemptions apply to business premises and light industrial buildings. The conditions are similar but in more restrictive terms.

Ground Source Heat Pump

There are provisions for installation within the curtilage of industrial building or ancillary industrial building of a ground source heat pump system. Detailed conditions apply.

These include height area size noise distance from boundaries compliance with SEI  requirements. Similar, but different provisions apply to business premises and light industrial buildings.

There are exemptions for the provision as part of a heating system for industrial building or light industrial building or business premises of a biomass boiler including a boiler house  and other apparatus and under and overground fuel storage tank or structures. There are detailed conditions regarding floor areas, capacity, height, numbers permitted, dimensions, distance from the public road or habitable premises and noise level.

Satellite Dish

The erection within the curtilage of a business premises of a dish type used for receiving and transmitting satellite signals is exempt subject to the following conditions.  Not more than one such antenna shall be erected within the curtilage of the business premises.

The diameter shall not exceed two metres.  No such antenna shall be erected on or forward of the front wall of the premises.  No such antenna shall be erected on the front slope of the business premises, higher than the highest part of the roof of the business premises.

Shop

A  ‘shop’ means a structure used for any or all of the following purposes, where the sale display or service is principally to visiting members of the public –

• for the retail sale of goods,
• as a post office,
• for the sale of tickets or as a travel agency,
• for the sale of sandwiches or other food or of wine for consumption off the premises, where the sale of such food or wine is subsidiary to the main retail use and “wine” is defined as any intoxicating liquor which may be sold under a wine retailer’s off-licence
• for hairdressing,
• for the display of goods for sale,
• for the hiring out of domestic or personal goods or articles,
• as a launderette or dry cleaners,
• for the reception of goods to be washed cleaned or repaired,

It does not include any use associated with the provision of funeral services or as a funeral home, or as a hotel, a restaurant or a public house, or for the sale of hot food or intoxicating liquor for consumption off the premises.

Change of Use Shop

Changes of use within the above definition of a shop are presumptively exempt. See the section on change of use.

Development consisting of a change of use—

• from use for the sale of hot food for consumption off the premises, or for the sale or leasing or display for sale or leasing of motor vehicles, to use as a shop,
• from use as a public house, to use as a shop,
• from use for the direction of funerals, as a funeral home, as an amusement arcade or a restaurant, to use as a shop,
• from use as a financial services, professional services (other than health or medical services), any other services (including use as a betting office),
• where the services are provided principally to visiting members of the public, to to use as a shop,
• from use as 2 or more dwellings, to use as a single dwelling, of any structure previously used as a single dwelling,
• from use as a house, to use as a residence for persons with an intellectual or physical disability or mental illness and persons providing care for such persons,
• from use as a hotel, to use as a hostel (other than a hostel where care is provided),

is exempt.

Covid Takeaway

During the Covid pandemic, the following exemption was added- change from use for the sale of food for consumption on the premises to use for the sale of food for consumption off the premises. The following conditions apply.

Where a premises is used during the relevant period for the sale of food for consumption off the premises in accordance with the Covid regulations then upon the expiration of the relevant period

• the premises may be used for the sale of food for consumption on the premises in accordance with the permission that applied in respect of that premises immediately before the commencement of the relevant period, and
• the use of the premises for the sale of food for consumption off the premises shall not be exempted development.

Temporary Refugee

Change of use of various forms of premises providing residential or overnight accommodation to specific use as accommodation for refugees and asylum seekers, as defined in legislation. This class of exempted development will assist in implementing the Government’s Irish Refugee Protection Programme (IRPP), which was established on 10 September 2015 in response to the migration crisis in central and southern Europe;

Change of use of various forms of premises providing overnight accommodation to use as an emergency reception and orientation centre (EROC) for refugees and asylum seekers. A network of EROCs will be established by the Department of Justice and Equality for the initial reception of persons arriving in Ireland under the IRPP;

Return of premises, the use of which changed under an exemption to their permitted use immediately prior to that change of use is exempt. It is a condition of this class that the exemption from planning permission will apply for a period of 3 years only from the date of the commencement of the change of use exempted above.