Exempt Utilities
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 over its operational land is exempted. The construction of a railway station, bridge and certain other structure, within the interior of a railways station or its reconstruction, so as to materially affects its design or external appearance is exempt. Car parks must not incorporate more than 60 spaces.
A range of works is exempt for harbour authorities. This includes works authorised by a Harbours Works Order including construction, reconstruction of docks, quays etc., (but not including certain sheds, silos and storage depot).
Works by a gas undertaking, the subject of consent orders by the Minister under the gas legislation, including construction of transmission pipes, laying of mains pipes, cables and apparatus are exempt.
Electricity Undertakers
A range of exemptions is available to electricity undertakings including the various arms of the former Electricity Supply Board as well as other electricity undertakers.
Certain works by electricity undertakings are exempt from the requirement for planning permission.
- the laying underground of mains, pipes, cables and other apparatus for the purpose of the undertaking;
- development consisting of the construction of overhead transmission or distribution lines at a voltage not exceeding a nominal value of 20KV;
- carrying out a development for the purpose of the undertaking consisting of the construction or erection of an overhead transmission line, not more than 40 metres from the position for which permission for such line was granted which otherwise complies with such permission, but not a line in respect of which a condition provides a contrary condition;
- Construction or erection of a unit substation for distribution of electricity not exceeding 20 kV. Size limits apply.
Charging Electric Cars
There are exemptions for installation of charging points for electric vehicles. There are limits on their size and volume. This covers construction of charging points on public roads, adaptation of street lighting poles adaptation of payment machines, constructional farmers. Advertising is not permitted.
There are exemptions for the construction of charging hubs with less than a certain number of charging points (usually four/ five and) construction of ancillary development. The development is to be where parking facilities are provided and there are limits on proximity to other such hubs.
Post
Postal exemptions include the provision of the following by An Post ;
- pillar boxes, letter boxes or roadside boxes for delivery of mail;
- deposit boxes for the temporary storage of mail for local delivery and
- machines for the supply of stamps or printed postage labels.
Telecommunications
Providing underground telecommunication structures or works, including the laying of cables and mains is exempt. Overhead telecommunications lines are exempt, subject to conditions.
Generally, the condition is that the poles carrying over headline shall not exceed 11 metres. There are other provisions regarding poles and supporting structures.
The provision of telephone kiosk and telephone facilities in public places is exempt, provided it is not within 10 metres of a curtilage of a house, save with the consent of the occupier. The facilities must be in a public place not being on or over a public road.
The attachment of certain brackets clamps and fixtures for the support of the cable and ancillary equipment and apparatus is exempted subject to conditions.The provisions extend to cable wire tube pipe ducting and the like. They extend to fibre-optic cables as well as other wires cables et cetera
There are exemptions for underground telecommunication structures telecommunications works including the laying of mains and cables and ancillary apparatus. Certain devices may be attached.
There are exemptions for permanent telecommunication exchange and radio station containers in connection with transmission receiving and processing data telecoms for both wireless and wired networks. There are conditions regarding their size length proximity to buildings et cetera.
There are exemptions for transportable radio installations up to 15 m in height and 2 m and with. These are permitted only for anticipated additional coverage such as at a sporting event and they are permitted for a temporary period only.
Satellite Dishes and Antennae this
Subject to conditions the attachment of additional antennae to existing antennae support structures is permitted. There is a maximum number rose to height and type. Antennae support structures may be replaced subject to conditions.
There is an exemption for small cell antennae attached to public and commercial buildings by way of attachment to roofs, façades, chimneys, chimney pots, agricultural storage buildings, electricity pylons, water towers, electricity poles, flagpoles, phone kiosks and bus shelters subject to conditions.
The provision of equipment for transmitting or receiving signals from satellites (not more than 2 metres in diameter and not to be more than 10 metres in height) or within 10 metres of the curtilage of a dwelling house, or permanent telecommunications exchange and radio station containers are exempt, subject to conditions. The following are also exempt
- cabinets forming part of a communications transmission system;
- certain transportable radio installations, subject to conditions;
- the attachment of additional antenna to existing antenna support structure subject to conditions on number and height;a
- antennae for high capacity transmission is by way of attachment to existing high capacity antennae;
- antenna support structure in place of an existing support structure;
- an antenna attached to certain structures including public and commercial buildings others than educational facilities, child care facilities or hospitals by way of attachment to roofs, façades, chimneys, chimney parts or vent pipes;
- telegraph posts, lamp posts, flag posts, CC TV posts, and electric power lines
Each of the above is only exempt when undertaken by the telecommunications undertaking. Each exemption has detailed conditions in terms of location, height, visibility and radiation output.
Aviation & Ports
Holders of an aerodrome license (effectively airport operators) may construct a range of buildings and works, subject to conditions. They may construct an extension to an airport operational building, whereby the floor area does not increase by the lesser or 15 percent of the existing building or 500 square metres, each subject to conditions. Also exempt are the construction, alteration, removal of aprons, taxiways, airside roads, used for the movement and distribution of vehicles and equipment on the airside within an airport.
The construction, erection or alteration of visual navigation aids on the ground, including taxiing guidance, signage, inset and elevated airfield lighting and apparatus, necessary for the safe navigation of aircraft within an airport. The construction, erection or alteration of security fences and gates, cameras and other measures connected with airports security are exempt. The erection or alteration of directional, location or warning sites, signs on the ground are exempt. The latter categories are not subject to conditions.
There are exemptions for extensions to port buildings subject to conditions. There are exemptions for the construction erection and alteration of visual navigation aids underground including docking guidance signage lighting and other apparatus for the safe navigation of ships and vehicles within a port.
Irish Water
Irish Water enjoys significant exemptions in connection with the provision of water services. This extends to inspection maintenance renewal and removal of pipes, cables, water mains, sewers and associated accessories overhead wires metres and other apparatus including excavation of streets and land for this purpose.It may build certain other apparatus in connection with the same.
There are exemptions for pumping and booster stations above and below ground. There is provision for associated telecommunication apparatus and antennae structures for testing abatement. It may undertake remedial works required to comply with water waste discharge authorisations
Roads
The following are exempt
- development consisting of the carrying out by a local authority of any works required for the construction of a new road or the maintenance or improvement of a road;
- development carried out on behalf of, or jointly or in partnership with, a local authority, pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity.