Exempt Utilities
Planning and Development Regulations
Interpretation.
3.
(1)
In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.
(2)
In these Regulations, any reference to a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to the sub-article, paragraph or sub-paragraph of the provision in which the reference occurs.
(3)
In these Regulations, except where the context otherwise requires—
“the 1994 Regulations” mean the Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86 of 1994), as amended;
“the 1998 Regulations” means the Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998 (S.I. No. 128 of 1998);
“the 2001 Regulations” means the Local Government (Planning and Development) (Fees) Regulations, 2001 (S.I. No. 525 of 2001);
“the Act” means the Planning and Development Act, 2000;
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
“approved newspaper” means a newspaper approved by a planning authority for the purposes of these Regulations in accordance with article 18;
“bring facility” means a facility of purpose-built receptacles in which segregated domestic wastes may be deposited by the public, provided in an area to which the public have access;
“built-up area” means a city or town (where “city” and “town” have the meanings assigned to them by the Local Government Act, 2001) or an adjoining developed area;
“DTI Strategy” has the meaning assigned to it by the Dublin Transportation Office (Establishment) Order (Amendment) Order, 1999 (S.I. No. 337 of 1999);
“Dublin Docklands Area” has the meaning assigned to it by section 4 of the Dublin Docklands Development Authority Act, 1997 (No. 7 of 1997);
“EIAR” means an environmental impact assessment report;
“electricity undertaking” means an undertaker authorised to provide an electricity service,
‘environmental assessment’ means the preparation of an environmental report, the carrying out of consultations, the taking into account of the environmental report and the results of the consultations in decision-making and the provision of information on the decision in accordance with these Regulations;
Commented [i1]: Note: All former references to EIS are deleted by article 46(b) of S.I. No. 296/2018 European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018
Commented [i2]: Inserted by article 4 of S.I. No. 476/2011 Planning and Development (Amendment) (No. 3) Regulations 2011
Commented [i3]: Inserted by article 5(a) of S.I. No. 436/2004 Planning and Development (Strategic Environmental Assessment) Regulations 2004
“establishment” means an establishment to which the Major Accident Regulations apply;
“gross floor space” means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building;
“hazard” means the intrinsic property of a dangerous substance or physical situation, with a potential for creating damage to human health or the environment;
“Major Accident Regulations” means the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006);
‘Member State’ means any State, other than Ireland, which is a Member State of the European Communities;
“minerals” means all minerals and substances in or under land of a kind ordinarily worked by underground or by surface working for the removal but does not include turf;
“motor vehicle” means a mechanically propelled vehicle for the purposes of the Road Traffic Act, 1961 (No. 24 of 1961);
“NIS” means a Natura impact statement within the meaning of section 177T of the Act,
“outline application” means an application for outline permission;
“outline permission” has the meaning assigned to it in section 36(6) of the Act;
“peat extraction” includes any related drainage of bogland;
‘plan’ for the purposes of Schedules 2A and 2B, means, where the context requires, a development plan, a variation of a development plan, a local area plan (or an amendment thereto), regional planning guidelines or a planning scheme;
“provision of an establishment” means development as a result of which an area would become an establishment;
“regional assembly” means a regional authority established by the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999 (S.I. No. 226 of 1999);
“remedial EIAR” means a remedial environmental impact assessment report within the meaning of section 177F of the Act;
“remedial NIS” means a remedial Natura impact statement within the meaning of section 177G of the Act.
‘the SEA Directive’ means directive 2001/42/EC of the European Parliament and Council of 27 June 2001 (O.J. No. L 197, 21 July 2001) on the assessment of the effects of certain plans and programmes on the environment.
“transboundary State” means any State, other than Ireland, which is a Member State of the European Communities or a party to the Transboundary Convention.
(4)
In these Regulations, any reference to a permission under the Act shall include a reference to a permission under the Act of 1963, and any reference to conditions to which a permission is subject shall be construed accordingly.
(5)
In these Regulations, any reference to the making available for purchase of any document shall be construed as including the making available for purchase of an extract from such document.
Revocations.
4.
The Regulations mentioned in Schedule 1 are hereby revoked.
PART 2
Commented [i7]: Inserted by article 5(c) of S.I. No. 436/2004 Planning and Development (Strategic Environmental Assessment) Regulations 2004
Commented [i8]: Inserted by article 46(a) of S.I. No. 296/2018 European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018
Commented [i9]: Inserted by article 4 of S.I. No. 476/2011 Planning and Development (Amendment) (No. 3) Regulations 2011
Commented [i10]: Inserted by article 5(d) of S.I. No. 436/2004 Planning and Development (Strategic Environmental Assessment) Regulations 2004
22
EXEMPTED DEVELOPMENT
Interpretation for this Part.
5.
(1)
In this Part—
“aerodrome” means any definite and limited area (including water) intended to be used, either wholly or in part, for or in connection with the landing or departure of aircraft;
“airport” means an area of land comprising an aerodrome and any buildings, roads and car parks connected to the aerodrome and used by the airport authority in connection with the operation thereof;
“airport operational building” means a building other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at an airport;
“amusement arcade” means premises used for the playing of gaming machines, video games or other amusement machines;
“ancillary equipment” for the purpose of rooftop solar photo-voltaic or solar thermal collector panels in classes 56(d), 56(e), 60 or 61 of Part 1 of Schedule 2 and class 18(c) of Part 3 of Schedule 2 does not include any equipment which must be placed or erected on a wall or a rooftop to allow a solar photo-voltaic or solar thermal collector installation to function;
“associated accessories”, in relation to the inspection, maintenance, repair, renewal, removal or installation of pipes, water mains, sewer or other pipe for the purposes of the Water Services Acts 2007 to 2017, has the meaning assigned to “accessories” by section 2 of the Water Services Act 2007 (No. 30 of 2007) and includes cables that are associated with any of those matters;
“betting office” means premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931);
Commented [i11]: Inserted by article 3(1) of S.I. No. 493/2022 Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022
Commented [i12]: Inserted by article 3 of S.I. No. 29/2018 Planning and Development (Amendment) Regulations 2018
‘Biomass’ means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;
“business premises” means—
(a) any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons,
(b) a hotel, hostel (other than a hostel where care is provided) or public house, or
(c) any structure or other land used for the purposes of, or in connection with, the functions of a State authority;
“care” means personal care, including help with physical, intellectual or social needs;
“childminding” means the activity of minding no more than 6 children, including the children, if any, of the person minding, in the house of that person, for profit or gain;
‘CHP’ has the meaning assigned to it by the Electricity Regulation Act 1999;
“day centre” means non-residential premises used for social or recreational purposes or for the provision of care (including occupational training);
“Director of Telecommunications Regulation” means
the Director of Telecommunications Regulation appointed under the Telecommunications
(Miscellaneous Provisions) Act, 1996 (No. 34 of 1996);
“excluded premises” means—
(a) any premises used for purposes of a religious, educational, cultural, recreational or medical character,
(b) any guest house or other premises (not being a hotel or a hostel) providing overnight guest accommodation, block of flats or apartments, club, or boarding house, or,(c) any structure which was designed for use as one or more dwellings, except such a structure which was used as business premises immediately before 1 October, 1964 or is so used with permission under the Act;
“fish counter” means a device capable of mechanically or electrically enumerating fish as they pass a specific point or area;
“Greater Dublin Area” means the area comprising the County Borough of Dublin and the administrative counties of Dun Laoghaire-Rathdown, Fingal, Kildare, Meath, South Dublin and Wicklow;
“house” does not, as regards development of classes 1, 2, 3, 4, 6(b)(ii), 7 or 8 specified in column 1 of Part 1 of Schedule 2, or development to which articles 10(4) or 10(5) refer, include a building designed for use or used as 2 or more dwellings or a flat, an apartment or other dwelling within such a building;
‘‘illuminated’’ in relation to any advertisement, sign or other advertisement structure means illuminated internally or externally by artificial lighting, directly or by reflection, for the purpose of advertisement, announcement or direction;
‘‘industrial building’’ means a structure (not being a shop, or a structure in or adjacent to and belonging to a quarry or mine) used for the carrying on of any industrial process;
‘‘light industrial building’’ means an industrial building in which the processes carried on or the plant or machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by
reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;
”industrial process” means any process which is carried on in the course of trade or business, other than agriculture, and which is-
(a) for or incidental to the making of any article or part of an article, or
for or incidental to the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article, including the getting, dressing or treatment of minerals,
and for the purposes of this paragraph, “article” includes-
(i) a vehicle, aircraft, ship or vessel, or
(ii) a sound recording, film, broadcast, cable programme, publication and computer program or other original database;
‘‘industrial undertaker’’ means a person by whom an industrial process is carried on and “industrial undertaking” shall be construed accordingly;
“mobile telephony’’ means public mobile telephony;
‘‘painting’’ includes any application of colour;
“port” includes any buildings, roads and vehicle parks ancillary to the operation of the port;
“port operational building” means a building other than a hotel, required in connection with the movement or maintenance of ships, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a port including customs or passport control facilities and sanitary and phytosanitary and health checks and control facilities, associated administrative offices or other similar facilities directly related to and forming an integral part of the building;
“primarily” for the purpose of classes 56(d), 56(e), 60 or 61 of Part 1 of Schedule 2 and class 18(c) of Part 3 of Schedule 2 means greater than 50%;
“protected person”, for the purposes of Schedule 2, means—
(a) a person who has made an application to the Minister for Justice and Equality under the Refugee Act of 1996 or the Subsidiary Protection Regulations 2013 (S.I. No. 426 of 2013),
(b) a person who falls to be considered or has been considered under section 3 of the Immigration Act of 1999, or
(c) a programme refugee within the meaning of section 24 of the Refugee Act of 1996;
‘‘repository’’ means a structure (excluding any land occupied therewith) where storage is the principal use and where no business is transacted other than business incidental to such storage;
‘school’ has the meaning assigned to it by the Education Act 1998.
‘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 –
(a) for the retail sale of goods,
(b) as a post office,
(c) for the sale of tickets or as a travel agency,
(d) 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 (within the meaning of the Finance (1909-1910) Act, 1910), 10 Edw. 7. & 1 Geo. 5, c.8,
(e) for hairdressing,
(f) for the display of goods for sale,
(g) for the hiring out of domestic or personal goods or articles,
(h) as a launderette or dry cleaners,
(i) for the reception of goods to be washed, cleaned or repaired,
but 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 except under paragraph (d), or any use to which class 2 or 3 of Part 4 of Schedule 2 applies;
“small cell antenna” means an antenna that—
(a) operates on a point to multi-point or area basis in connection with an electronic communications service,
(b) including any power supply unit or casing but excluding any mounting, fixing, bracket or other support structure—
(i) does not, in any two-dimensional measurement, have a surface area exceeding 0.5 square metres, and
(ii) does not have a volume exceeding 0.05 cubic metres,
and
(c) subject to paragraphs (a) and (b), includes a femtocell antenna, a picocell antenna, a metrocell antenna, a microcell antenna, and any similar type antenna;
“solar safeguarding zone” has the same meaning as in the Planning and Development (Solar Safeguarding Zone) Regulations 2022;
NOTE: With regard to the interpretation of “solar safeguarding zone”, article 2 of S.I. No. 492 of 2022, which may be read in association with these consolidated Regulations, provides that Solar Safeguarding Zone means an area classified under article 3 of those Regulations.
Additionally, article 3 of S.I. 492 of 2022 provides that an area identified by reference to a map contained in Schedule 1 and further referred to in Schedule 2 of those Regulations is classified as a Solar Safeguarding Zone.
“state port company” has the same meaning as “managing body of the port” as defined by Regulation 2(1) of the European Union (Port Services) Regulations 2019 (S.I. No. 128 of 2019);
“supermarket” means a self-service shop selling mainly food;
“telecommunications network” means the whole of the telecommunications infrastructure and any associated physical infrastructure of any network operator;
“telecommunications service” means services which consist wholly or partly in the transmission or routing of signals on a telecommunications network or both transmission and routing;
“Wetlands” means natural or artificial areas where biogeochemical functions depend notably on constant or periodic shallow inundation, or saturation, by standing or flowing fresh, brackish or saline water.
“wholesale warehouse” means a structure where business, principally of a wholesale nature is transacted, and goods are stored or displayed incidentally to the transaction of that business.
(2)
In Schedule 2, unless the context otherwise requires, any reference to the height of a structure, plant or machinery shall be construed as a reference to its height when measured from
Commented [i25]: Inserted by article 3(2) of S.I. No. 46 of 2020 Planning and Development (Amendment) Regulations 2020.
Commented [i26]: Inserted by article 3 of S.I. No. 454/2011 Planning and Development (Amendment) (No. 2) Regulations 2011
ground level, and for that purpose “ground level” means the level of the ground immediately adjacent to the structure, plant or machinery or, where the level of the ground where it is situated or is to be situated is not uniform, the level of the lowest part of the ground adjacent to it.
Exempted Development.
6.
(1)
Subject to article 9, development of a class specified in column 1 of Part 1 of Schedule 2 shall be exempted development for the purposes of the Act, provided that such development complies with the conditions and limitations specified in column 2 of the said Part 1 opposite the mention of that class in the said column 1.
(2)
(a) Subject to article 9, development consisting of the use of a structure or other land for the exhibition of advertisements of a class specified in column 1 of Part 2 of Schedule 2 shall be exempted development for the purposes of the Act, provided that—
(i) such development complies with the conditions and limitations specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1, and
(ii) the structure or other land shall not be used for the exhibition of any advertisement other than an advertisement of a class which is specified in column 1 of the said Part 2 and which complies with the conditions and limitations specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1.
(b) Subject to article 9, development consisting of the erection of any advertisement structure for the exhibition of an advertisement of any one of the classes specified in column 1 of Part 2 of Schedule 2 shall be exempted development for the purposes of the Act, provided that—
(i) the area of such advertisement structure which is used for the exhibition of an advertisement does not exceed the area, if any, specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1,
30
(ii) the advertisement structure is not used for the exhibition of advertisements other than advertisements of the class to which the exemption relates,
(iii) further to section 57 of the Act, the advertisement structure is not erected on a protected structure or a proposed protected structure save an advertisement structure referred to in Classes 5, 9 or 15 of column 1 of Part 2 of Schedule 2,
(iv) further to section 82 of the Act, the advertisement structure is not located on the exterior of a structure where the structure concerned is located within an architectural conservation area or an area specified as an architectural conservation area in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft development plan, so as to materially affect the character of the area, save an advertisement structure referred to in Classes 5, 9 or 15 of column 1 of Part 2 of Schedule 2, and
(v) where the advertisement structure is within a Gaeltacht area, any advertisement exhibited is
(I) in Irish, or
(II) in Irish and other languages, with prominence given to the Irish text, and identical content in all versions of the text.
(3)
Subject to article 9, in areas other than a city, a town or an area specified in section 19(1)(b) of the Act or the excluded areas as defined in section 9 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985), development of a class specified in column 1 of Part 3 of Schedule 2 shall be exempted development for the purposes of the Act, provided that such development complies with the conditions and limitations specified in column 2 of the said Part 3 opposite the mention of that class in the said column 1.
(4)
(a) Subject to paragraph (b), the carrying out of such works as are necessary to secure compliance with the Building Regulations, 1997 (S.I. No. 497 of 1997) shall, in the case of development consisting of the construction of a dwelling or dwellings in respect of which permission under Part IV of the Act of 1963 was granted before 1 June 1992, be exempted development.
(b) Paragraph (a) shall not apply in the case of development consisting of the construction of a building designed for use as 2 or more separate dwellings.
(5)
(a) Each of the following shall be exempted development:
(i) development consisting of the short term letting in a rent pressure zone of not more than 4 bedrooms in a house that is the principal private residence of the landlord or licensor concerned provided that –
(I) it is a condition of the short term letting that each bedroom that is the subject of the letting shall not be occupied by more than 4 persons,
and
(II) the development –
(A) does not contravene a condition attached to a permission granted in respect of the house under the Act, and
(B) is consistent with any use specified in any such permission;
(ii) development consisting of the short term letting in a rent pressure zone of a house that is the principal private residence of the landlord or licensor concerned provided that –
(I) the aggregate number of days during a year in which the house is the subject of short term lettings does not exceed 90 days, and
(II) the development –
(A) does not contravene a condition attached to a permission granted in respect of the house under the Act, and
(B) is consistent with any use specified in any such permission.
(b) Where a person proposes to undertake development to which paragraph (a) applies, he or she shall, not later than 2 weeks before the commencement of the development, notify the planning authority in whose functional area the proposed development will occur of the proposed development, or cause that planning authority to be so notified, in writing.
(c) A notification under paragraph (b), shall include the following –
(i) the name of the person giving the notification, or on whose behalf the notification is being given, and documentary confirmation that the proposed development relates to the person’s principal private residence;
(ii) if the person giving the notification or on whose behalf the notification is being given is not the owner of the house concerned, the consent in writing of the owner to the proposed development;
(iii) the address and eircode of the house concerned;
(iv) contact information in relation to –
(I) the person giving the notification or on whose behalf the notification is being given, and
(II) the owner of the house concerned;
(v) in the case of proposed development to which subparagraph (i) of paragraph (a) applies, a statement that the proposed development is development to which that subparagraph applies;
(vi) in the case of proposed development to which subparagraph (ii) of paragraph (a) applies, a statement that the proposed development is development to which that subparagraph applies; and
(vii) such other information as the planning authority concerned may reasonably require.
(d) A notification under paragraph (b), shall be accompanied by –
(i) such documentation as the planning authority concerned may reasonably require, and
(ii) in case the notification relates to development to which subparagraph (i) of paragraph (a) applies, a statutory declaration made by the person giving the notification, or on whose behalf the notification is being given, declaring that –
(I) the house in respect of which the proposed development is to be carried out is that person’s principal private residence,
(II) not more than 4 bedrooms in that house will be subject to the short term letting concerned, and
(III) it will be a condition of the short term letting concerned that each such bedroom shall not be occupied by more than 4 persons.
(e) A planning authority shall maintain a record in writing of all information contained in a notification under paragraph (b).
(f) A person who proposes to carry out development to which subparagraph (ii) of paragraph (a) applies shall not later than 4 weeks after the commencement of each year in which he or she intends to carry out the proposed development and before the commencement of any such development in that year –
(i) complete Form No. 15 specified in Schedule 3 and give it to the planning
authority in whose functional area the development will occur, and
(ii) provide that planning authority with a statutory declaration made by that person declaring that the house in respect of which the proposed development is to be carried out is that person’s principal private residence.
(g) A person who carries out development to which subparagraph (ii) of paragraph (a) applies in any year shall –
(i) upon the expiration of 2 weeks after the day that is the 90th day on which such development occurs in that year, complete Form No. 16 specified in Schedule 3 and give it to the planning authority in whose functional area the development occurred, and
(ii) not later than 4 weeks after the end of that year, complete Form No. 17 specified in Schedule 3 and give it to the planning authority in whose functional area the development occurred,
and each such form shall be accompanied by a statutory declaration made by that person declaring that –
(I) the aggregate number of days during the year concerned in which the house was the subject of short term lettings did not exceed 90 days, and
(II) the house that was the subject of those short term lettings was, during the period of those lettings, the person’s principal private residence.
(h) A planning authority shall enter all such information as is contained in the forms referred to in paragraphs (f) and (g) in the record maintained in accordance with paragraph (e).
(i) In this subarticle –
‘principal private residence’ means, in relation to a house that is the subject of a short term letting, a house in which the landlord or licensor concerned ordinarily resides;
‘rent pressure zone’ and ‘short term letting’ have the meanings assigned to them by section 3A (inserted by section 38 of the Residential Tenancies (Amendment) Act 2019 ) of the Planning and Development Act 2000 (No. 30 of 2000).
Development under other enactments.
7.
(1)
Works consisting of or incidental to the carrying out of development referred to in section 86(8) of the Environmental Protection Agency Act 1992 (No.7 of 1992), as amended for the purpose of giving effect to a condition attached to a licence or revised licence granted by the Environmental Protection Agency under Part IV of the said Act shall be exempted development.
(2)
Works consisting of or incidental to the carrying out of development referred to in section 54(4) (a) of the Waste Management Act, 1996 (No. 10 of 1996) for the purpose of giving effect to a condition attached to a licence or revised licence granted by the Environmental Protection Agency under Part V of the said Act shall be exempted development.
Various
Works specified in a drainage scheme
8.
Works specified in a drainage scheme confirmed by the Minister for Finance under Part II of the Arterial Drainage Act 1945 (No. 3 of 1945) or the Arterial Drainage (Amendment) Act 1995 (No. 14 of 1995), carried out by, on behalf of, or in partnership with, the Commissioners, with such additions, omissions, variations and deviations or other works incidental thereto, as may be found necessary by the Commissioners or their agent or partner in the course of the works, shall be exempted development.
8A.
Initial afforestation shall be exempted development.
8B.
Works consisting of field drainage for agriculture, other than drainage and/or reclamation of wetlands, shall be exempted development.
8C.
Land reclamation works (other than reclamation of wetlands) consisting of re-contouring of land, including infilling of soil (but not waste material)
within a farm holding, shall be exempted development.
8D.
Works consisting of the removal for the purposes of agriculture of field boundaries including stone walls, clay banks or wire or post fences shall be exempted development.
8E.
Articles 8B to 8D shall not apply in an area to which a special amenity area order relates.
8F.
Development (other than the replacement of broadleaf high forest by conifer species) that is licensed or approved under section 6 of the Forestry Act 2014 (No. 31 of 2014) and that consists of –
(a) the thinning, felling or replanting of trees, forests or woodlands, or
(b) works ancillary thereto,
shall be exempted development.
8G.
Development (other than development consisting of the provision of access to a national road within the meaning of the Roads Act 1993 (No. 14 of 1993)) that is licensed or approved under section 6 of the Forestry Act 2014 (No. 31 of 2014) and that consists of –
(a) the construction, maintenance or improvement of a road (other than a public road within the said meaning), that serves a forest or woodland, or
(b) works ancillary thereto,
shall be exempted development.
8H.
In areas other than a city, a town or an area specified in section 19(1)(b) of the Act or the excluded areas as defined in section 9 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985), development that is licensed or approved under section 6 of the Forestry Act 2014 (No. 31 of 2014) and that consists of the replacement of broadleaf high forest by conifer species in areas less than 10 hectares shall be exempted development for the purposes of the Act.
Commented [i35]: Article 8D is inserted by article 4 of S.I. No. 454/2011 Planning and Development (Amendment) (No. 2) Regulations 2011, and subsequently substituted by article 7 of S.I. No. 584/2011 European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011
Commented [i36]: Article 8E is inserted by article 7 of S.I. No. 584/2011 European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011
Commented [i37]: Article 8F is inserted by article 3 of S.I. No. 219/2013 Planning and Development (Amendment) Regulations 2013, and subsequently substituted by article 2(a) of S.I. No. 45/2020 Planning and Development Act 2000 (Exempted Development) Regulations 2020
Commented [AOD38]: Article 8G is inserted by article 3 of S.I. No. 219/2013 Planning and Development (Amendment) Regulations 2013, and subsequently substituted by article 2(b) of S.I. No. 45/2020 Planning and Development Act 2000 (Exempted Development) Regulations 2020.
Commented [i39]: Inserted by article 3 of S.I. No. 664/2022 Planning and Development Act 2000 (Exempted Development) (No. 5) Regulations 2022
37
Restrictions on exemption.
9.
(1)
Development to which article 6 relates shall not be exempted development for the purposes of the Act—
(a) if the carrying out of such development would—
(i) contravene a condition attached to a permission under the Act or be inconsistent with any use specified in a permission under the Act,
(ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the surfaced carriageway of which exceeds 4 metres in width,
(iii) endanger public safety by reason of traffic hazard or obstruction of road users,
(iiia) endanger public safety by reason of hazardous glint and/or glare for the operation of airports, aerodromes or aircraft,
(iv) except in the case of a porch to which class 7 specified in column 1 of Part 1 of Schedule 2 applies and which complies with the conditions and limitations specified in column 2 of the said Part 1 opposite the mention of that class in the said column 1, comprise the construction, erection, extension or renewal of a building on any street so as to bring forward the building, or any part of the building, beyond the front wall of the building on either side thereof or beyond a line determined as the building line in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,
(v) consist of or comprise the carrying out under a public road of works other than a connection to a wired broadcast relay service, sewer, water main, gas main or electricity supply line or cable, or any works to which class 25, 26 or 31 (a) specified in column 1 of Part 1 of Schedule 2 applies,
Commented [i40]: Sub-paragraph 9(1)(a)(iiia) is inserted by article 4 of S.I. No. 493/2022 Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022
(vi) interfere with the character of a landscape, or a view or prospect of special amenity value or special interest, the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,
(vii) consist of or comprise the excavation, alteration or demolition (other than peat extraction) of places, caves, sites, features or other objects of archaeological, geological, historical, scientific or ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan for the area in which the development is proposed or, pending the variation of a development plan or local area plan, or the making of a new development plan or local area plan, in the draft variation of the development plan or the local area plan or the draft development plan or draft local area plan,
(viiA) consist of or comprise the excavation, alteration or demolition of any archaeological monument included in the Record of Monuments and Places, pursuant to section 12 (1) of the National Monuments (Amendment) Act 1994, save that this provision shall not apply to any excavation or any works, pursuant to and in accordance with a consent granted under section 14 or a licence granted under section 26 of the National Monuments Act 1930 (No. 2 of 1930) as amended,
(viiB) comprise development in relation to which a planning authority or An Bord Pleanála is the competent authority in relation to appropriate assessment and the development would require an appropriate assessment because it would be likely to have a significant effect on the integrity of a European site,
(viiC) consist of or comprise development which would be likely to have an adverse impact on an area designated as a natural heritage area by order made under section 18 of theWildlife (Amendment) Act 2000.
(viii) consist of or comprise the extension, alteration, repair or renewal of an unauthorised structure or a structure the use of which is an unauthorised use,
(ix) consist of the demolition or such alteration of a building or other structure as would preclude or restrict the continuance of an existing use of a building or other structure where it is an objective of the planning authority to ensure that the building or other structure would remain available for such use and such objective has been specified in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,
(x) consist of the fencing or enclosure of any land habitually open to or used by the public during the 10 years preceding such fencing or enclosure for recreational purposes or as a means of access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility,
(xi) obstruct any public right of way,
(xii) further to the provisions of section 82 of the Act, consist of or comprise the carrying out of works to the exterior of a structure, where the structure concerned is located within an architectural conservation area or an area specified as an architectural conservation area in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan and the development would materially affect the character of the area,
(b) in an area to which a special amenity area order relates, if such development would be development:—
(i) of class 1, 3, 11, 16, 21, 22, 27, 28, 29, 31, (other than paragraph (a) thereof ), 33 (c) (including the laying out and use of land for golf or pitch and putt or sports involving the use of motor vehicles, aircraft or firearms), 39, 44 or 50(a) specified in column 1 of Part 1 of Schedule 2, or
(ii) consisting of the use of a structure or other land for the exhibition of advertisements of class 1, 4, 6, 11, 16 or 17 specified in column 1 of Part 2 of the said Schedule or the erection of an advertisement structure for the exhibition of any advertisement of any of the said classes, or
(iii) of class 3, 5, 6, 7, 8, 9, 10, 11, 12 or 13 specified in column 1 of Part 3 of the said Schedule, or
(iv) of any class of Parts 1, 2 or 3 of Schedule 2 not referred to in subparagraphs (i), (ii) and (iii) where it is stated in the order made under section 202 of the Act that such development shall be prevented or limited,
(c) if it is development to which Part 10 applies, unless the development is required by or under any statutory provision (other than the Act or these Regulations) to comply with procedures for the purpose of giving effect to the Council Directive,
(d) if it consists of the provision of, or modifications to, an establishment, and could have significant repercussions on major accident hazards.
(2)
Sub-article (1)(a)(vi) shall not apply where the development consists of the construction by any electricity undertaking of an overhead line or cable not exceeding 100 metres in length for the purpose of conducting electricity from a distribution or transmission line to any premises.
(3)
For the avoidance of doubt, sub-article (1)(a)(vii) shall not apply to any operation or activity in respect of which a Minister of the Government has granted consent or approval in accordance with the requirements of regulation 31 of the
Commented [i45]: Sub-article 9(3) is inserted by article 3 of S.I. No. 256/2008 Planning and Development (Amendment) Regulations 2008
Habitats Regulations 1997, and where regulation 31(5) does not apply.
Changes of use.
10.
(1)
Development which consists of a change of use within any one of the classes of use specified in Part 4 of Schedule 2, shall be exempted development for the purposes of the Act, provided that the development, if carried out would not—
(a) involve the carrying out of any works other
than works which are exempted development,
(b) contravene a condition attached to a permission under the Act,
(c) be inconsistent with any use specified or included in such a permission, or
(d) be a development where the existing use is an unauthorised use, save where such change of use consists of the resumption of a use which is not unauthorised and which has not been abandoned.
(2)
(a) A use which is ordinarily incidental to any use specified in Part 4 of Schedule 2 is not excluded from that use as an incident thereto merely by reason of its being specified in the said Part of the said Schedule as a separate use.
(b) Nothing in any class in Part 4 of the Schedule 2 shall include any use—
(i) as an amusement arcade,
(ii) as a motor service station,
(iii) for the sale or leasing, or display for sale or leasing, of motor vehicles,
(iv) for a taxi or hackney business or for the hire of motor vehicles,
(v) as a scrap yard, or a yard for the breaking of motor vehicles,
(vi) for the storage or distribution of minerals,
(vii) as a supermarket, the total net retail sales space of which exceeds 3,500 square metres in
the greater Dublin Area and 3,000 square metres in the remainder of the State,
(viii) as a retail warehouse, the total gross retail sales space of which exceeds 6,000 square metres (including any ancillary garden centre), or
(ix) as a shop, associated with a petrol station, the total net retail sales space of which exceeds 100 square metres.
Development consisting of the provision within a building occupied by, or under the control of, a State authority of a shop or restaurant for visiting members of the public shall be exempted development for the purposes of the Act.
(4)
Development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted development for the purposes of the Act, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
(5)
Development consisting of the use of a house for child minding shall be exempted development for the purposes of the Act.
(6)
(a) In this sub-article—
‘habitable room’ means a room used for living or sleeping purposes but does not include a kitchen that has a floor area of less than 6.5 square metres;
‘relevant period’ means the period from 8 February 2018 until 31 December 2025.
(b) This sub-article relates to a proposed development, during the relevant period, that consists of a change of use to residential use from Class 1, 2, 3, 6 or 12 of Part 4 to Schedule 2
(c) Notwithstanding sub-article (1), where in respect of a proposed development referred to in paragraph (b)—
(i) the structure concerned was completed prior to the making of the Planning and Development (Amendment) (No. 2) Regulations 2018,
(ii) the structure concerned has at some time been used for the purpose of its current use class, being Class 1, 2, 3, 6 or 12, and
(iii) the structure concerned, or so much of it that is the subject of the proposed development, has been vacant for a period of 2 years or more immediately prior to the commencement of the proposed development,
then the proposed development for residential use, and any related works, shall be exempted development for the purposes of the Act, subject to the conditions and limitations set out in paragraph (d).
(d)(i) The development is commenced and completed during the relevant period.
(ii) Subject to sub-paragraph (iii), any related works, including works as may be required to comply with sub-paragraph (vii), shall –
(I) primarily affect the interior of the structure,
(II) retain 50 per cent or more of the existing external fabric of the building, and
(III) not materially affect the external appearance of the structure so as to render its appearance inconsistent with the character of the structure or of neighbouring structures.
(iii) Any related works for the alteration of existing ground floor shop fronts shall be consistent with the fenestration details and architectural and streetscape character of the remainder of the structure or of neighbouring structures.
(iv) No development shall consist of or comprise the carrying out of works to the ground floor area of any structure which conflicts with any objective of the relevant local authority development plan or local area plan, pursuant to the Part 1 of the First Schedule to the Act, for such to remain in retail use, with the exception of any works the purpose of which is to solely provide on street access to the upper floors of the structure concerned.
(v) No development shall consist of or comprise the carrying out of works which exceeds the provision of more than 9 residential units in any structure.
(vi) Dwelling floor areas and storage spaces shall comply with the minimum floor area requirements and minimum storage space requirements of the “Sustainable Urban Housing: Design Standards for New Apartments – Guidelines for Planning Authorities” issued under section 28 of the Act or any subsequent updated or replacement guidelines.
(vii) Rooms for use, or intended for use, as habitable rooms shall have adequate natural lighting.
(viii) No development shall consist of or comprise the carrying out of works to a protected structure, as defined in section 2 of the Act, save where the relevant planning authority has issued a declaration under section 57 of the Act to the effect that the proposed works would not materially affect the character of the structure or any element, referred to in section 57(1)(b) of the Act, of the structure.
(ix) No development shall contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
(x) No development shall relate to any structure in any of the following areas:
45
(I) an area to which a special amenity area order relates;
(II) an area of special planning control;
(III) within the relevant perimeter distance area, as set out in Table 2 of Schedule 8, of any type of establishment to which the Major Accident Regulations apply.
(xi) No development shall relate to matters in respect of which any of the restrictions set out in sub-paragraph (iv), (vii), (viiA), (viiB), (viiC), (viii) or (ix) of article 9(1)(a), or paragraph (c) or (d) of article (9)(1), would apply.
(xii) No development shall consist of or comprise the carrying out of works for the provision of an onsite wastewater treatment and disposal system to which the code of practice made by the Environmental Protection Agency pursuant to section 76 of the Environmental Protection Agency Act 1992 relates and entitled Code of Practice – Wastewater Treatment and Disposal Systems Serving Single Houses together with any amendment to that Code or any replacement for it.
(e)(i) Where a person proposes to undertake development to which paragraph (b) relates, then he or she shall in the case of development relating to Class 1, 2, 3, 6 or 12 of Part 4 to Schedule 2, notify in writing the planning authority in whose functional area that the change of use will occur not less than 14 days prior to the commencement of the works related to the proposed change of use and any related works;
(ii) Details of each notification under subparagraph (i), which shall include information on—
(I) the location of the structure,
(II) the number of residential units involved, including the unit sizes and number of bedrooms in each unit, and
(III) the Eircode for the relevant property,
46
shall be entered in a record by the planning authority maintained for this purpose and the record shall be available for inspection at the offices of the planning authority during office hours and on the planning authority’s website.
(iii) During the years 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026 each planning authority shall provide information to the Minister on the number of notifications received by it under this paragraph during the preceding calendar year, including details of the information so received for the purposes of subparagraph (ii).
Saver for certain development.
11.
Development commenced prior to the coming into operation of this Part and which was exempted development for the purposes of the Act of 1963 or the 1994 Regulations, shall notwithstanding the repeal of that Act and the revocation of those Regulations, continue to be exempted development for the purposes of the Act.
Planning and Development Regulations
Development by statutory undertakers
CLASS 23
The carrying out by any railway undertaking of development required in connection with the movement of traffic by rail in, on, over or under the operational land of the undertaking, except—
(a) the construction or erection of any railway station or bridge, or of any residential structure, office or structure to be used for manufacturing or repairing work, which is not situated wholly within the interior of a railway station, or
(b) the reconstruction or alteration of any of the aforementioned structures so as materially to affect the design or external appearance thereof.
Any car park provided or constructed shall incorporate parking space for not more than 60 cars.
CLASS 24
The carrying out by any harbour authority of development of the following description—
(a) works authorised by a harbour works order in pursuance of section 134 of the Harbours Act, 1946 (No. 9 of 1946), which consist of the construction, reconstruction, extension or removal of docks, graving docks, quays, wharves, jetties, piers, embankments, break-waters, roads, viaducts, tram-ways, railways or aerodromes (but not the construction or erection of sheds, transit sheds, transhipment sheds, silos, stores and other structures or the reconstruction or alteration of such excepted structures so as materially to affect the design or external appearance thereof), or
(b) the cleaning, scouring, deepening, improving or dredging of the harbour or the approaches thereto or the removal of any obstruction within the limits of the harbour, and the use of land for the disposal of dredged material in accordance with an objective in a development plan for the area in which the land is situated.
CLASS 25
The carrying out—
(a) pursuant to and in accordance with a consent given by the Minister for Public Enterprise under section 8 of the Gas Act, 1976 (No. 30 of 1976), by the Irish Gas Board of development consisting of the construction of underground pipelines for the transmission of gas (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts),
(b) pursuant to and in accordance with an order made by the Minister for Public Enterprise under section 2 of the Gas (Amendment) Act, 1987 (No. 9 of 1987), by the Irish Gas Board of development consisting of the laying underground of mains, pipes, cables or other apparatus,
(c) in accordance with any requirements of the Minister for Public Enterprise or the Marine and Natural Resources, as the case may be under section 40 of the Gas Act, 1976, of development consisting of the construction of an underground pipeline for the transmission of gas (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts), or
(d) by any gas undertaking (other than the Irish Gas Board) of development consisting of the laying underground of mains, pipes, cables or other apparatus for the purposes of the undertaking.
CLASS 26
The carrying out by any undertaker authorised to provide an electricity service of development consisting of the laying underground of mains, pipes, cables or other apparatus for the purposes of the undertaking.
CLASS 27
The carrying out by any undertaker authorised to provide an electricity service of development consisting of the construction of over-head transmission or distribution lines for conducting electricity at a voltage not exceeding a nominal value of 20kV.
CLASS 28
The carrying out by any undertaker authorised to provide an electricity service of development for the purposes of the undertaking consisting of the construction or erection of an overhead transmission line not more than 40 metres from a position in respect of which permission for such line was granted and which otherwise complies with such permission, but not a line in respect of which a condition attached to the relevant permission imposed a contrary requirement.
CLASS 29
The carrying out by any electricity undertaking of development consisting of the construction or erection of a unit substation (excluding a charging point for electric vehicles) or minipillar for the distribution of electricity at a voltage not exceeding a nominal value of 20kV.
The volume above ground level of any such unit substation or minipillar shall not exceed 11 cubic metres, measured externally.
CLASS 29A
Development consisting of –
(a) the construction of a charging point for electric vehicles that –
(i) in the case of a charging point situated on a public road, does not exceed 0.75 cubic metres by volume above ground, and
Advertising signage or other advertising material shall not be affixed to, or placed at, a charging point situated on a public road other than for the purpose of – (a) identifying the charging point, (b) providing instructions in relation to fees and to the use of the charging point, or
(ii) in all other cases, does not exceed 3.6 cubic metres by volume above ground,
(b) the adaptation of a street lighting pole for the purposes of the provision of both street lighting and a charging point for electric vehicles,
(c) the adaptation of a car parking payment machine situated on a public road for the purpose of both the making of payments for car parking and a charging point for electric vehicles, or
(d) the construction of bollards not exceeding –
(i) 1.2 metres in height, and
(ii) 0.2 cubic metres by volume above ground, for the purpose of protecting such charging point, provided that such electrical construction or adaptation is carried out by a registered electrical contractor within the meaning of section 9D of the Electricity Regulation Act 1999 (No. 23 of 1999). (c) providing the contact details of the operator, manager or owner of the charging point.
CLASS 29B
Development consisting of –
(a) the construction of a charging hub for electric vehicles that contain –
(i) not more than one substation or mini pillar to which Class 29 applies, and
(ii) not more than 4 charging points to which Class 29A applies, or
(b) the construction of bollards not exceeding –
(i) 1.2 metres in height, and
(ii) 0.2 cubic metres by volume above ground, for the purpose of protecting each such charging point, provided that such electrical construction is carried out by a registered electrical contractor
within the meaning of section 9D of the Electricity Regulation Act 1999 (No. 23 of 1999).
The development shall be situated –
(a) at a place (other than a public road) where parking facilities are provided, the development of which was carried out in accordance with the requirements of the Planning and Development Act 2000 (No. 30 of 2000), and
(b) not closer than 500 metres to any charging hub that forms part of any other development to which Class 29B applies.
CLASS 30
The carrying out by An Post — The Post Office of development consisting of the provision of—
(a) pillarboxes or other forms of letter box,
(b) roadside boxes for the delivery of mail,
(c) deposit boxes for the temporary storage of mail for local delivery, or
(d) machines for the supply of stamps or printed postage labels.
CLASS 31
The carrying out by a statutory undertaker authorised to provide a telecommunications service of development consisting of the provision of—
(a) underground telecommunications structures or other underground telecommunications works (including the laying of mains and cables and the installation underground of any apparatus or equipment),
(b) overhead telecommunications including the erection of poles or other support structures or the use of existing poles or other support structures,
1. Poles or other support structures carrying overhead lines shall not exceed 12 metres in height.
2. Poles or other support structures carrying other equipment shall not exceed 12 metres in height and 0.6 metres in diameter measured at the widest point, where “other equipment” means 2 transmitting or receiving dishes (the diameter of which shall not exceed 0.6 metres), or 1 panel antenna (the dimensions of which shall not exceed 0.85 metres in length x 0.65 metres in width x 0.2 metres in depth) used for the provision of a specific telecommunications service and the provision of which would otherwise require an additional pole route carrying overhead wires.
3. Where a pole or poles or other support structures carry radio transmitting or receiving apparatus, the field strength of the non-ionising radiation emissions from that installation shall not exceed the limits specified by the Commission for Communications Regulation.
(bb) The attachment to a pole or other support structure referred to in paragraph (b) above of any bracket, clamp or other fixture required for the carrying or support of any cable (including fibre optic cable), wire, tube, pipe, duct or similar thing, or required for the carrying or support of any device containing any such cable, wire, tube, pipe, duct or similar thing, and the attachment to such fixture of—
(i) any cable (including fibre optic cable), wire, tube, pipe, duct or similar thing (including its casing or coating) or any device containing any of the foregoing,
(ii) any other equipment or apparatus used for telecommunications purposes, which is exempted development for the purposes of Article 6 and this Class,
The dimensions of any such device should not exceed 0.50 cubic metres measured externally.
(bbb) the attachment to any cable (including fibre optic cable), wire, tube, pipe, duct or similar thing of any device containing any such cable, wire, tube, pipe, duct or similar thing,
The dimensions of any such device should not exceed 0.25 cubic metres measured externally.
(c) telephone kiosks or other telephone facilities in a public place not being on, over or along a public road,
No such kiosk or facility shall be situated within 10 metres of the curtilage of any house, save with the consent in writing of the owner or occupier thereof.
(d) equipment for transmitting or receiving signals from satellites in space,
1. No such equipment shall exceed 10 metres in height
2. The diameter of any antenna shall not exceed 2 metres.
3. No such equipment shall be situated within 10 metres of the curtilage of any house save with the consent in writing of the owner or occupier thereof, or within 10 metres of the window of a workroom of any other structure.
(e) permanent telecommunications exchange and radio station containers, including containers for electronic equipment required for transmitting, receiving and processing telecoms data for both wireless and wires networks
1. The equipment housed in the container shall be used exclusively for the purposes of concentrating and re-routing calls or for transmitting, receiving and processing telecoms data for both wireless or wired networks and the container shall not have attached to it or within it, whether visible or not, any antennae for the direct transmission or reception of mobile telephony or other telecommunications signals in such a way that the container would act as an antennae support structure.
2. No such container shall exceed 10 metres in length, 3 metres in width or 3 metres in height.
3. No such container shall be situated within 10 metres of the curtilage of a house save with the consent in writing of the owner or occupier thereof, or within 10 metres of the window of a workroom of any other structure.
4. The field strength of the non-ionising radiation emissions from the radio station container shall not exceed the limits specified by the Director of Telecommunications Regulation.
—
The volume above the ground-level of any such cabinet shall not exceed 2 cubic metres measured externally.
(f) cabinets forming part of a telecommunications system,
The volume above the ground-level of any such cabinet shall not exceed 2 cubic metres measured externally.
(g) transportable radio installation,
1. The height of the structure for such an installation shall not exceed 15 metres in height and 2 metres in width at its widest point.
2. The installation may only be used
(a) to provide anticipated additional coverage at a sporting, social or other event, provided that the structure is not in place for more than 2 weeks before the event or for a period exceeding 8 weeks which shall include assembly and dismantling,
(b) for for demonstration or simulation purposes, whether to demonstrate the visual effects of such structure in a particular location or to measure the output, and such structure shall be in place for a period of not more than 12 weeks, or
(c) as a temporary replacement for a structure, which has been accidentally or otherwise incapacitated, and such structure shall be in place for a period of not more than 16 weeks.
3. The planning authority in whose functional area the installation is placed shall be notified by the statutory undertaker in writing of the provision and purpose of such installation before it is made operational.
(h) the attachment of additional antennae to an existing antenna support structure,
1. (a) For structures under 15 metres antennae to an existing in height, the total number of antenna support structure, such antennae shall not exceed 12, of which not more than 8 antennae shall be dish type (whether shielded or not).
1. (b) For structures 15 metres or over in height, the total number of antennae shall not exceed 18, of which not more than 12 antennae shall be dish type (whether shielded or not).
2. (a) The dimensions of any such antenna provided shall not exceed the greatest length, width or depth of any antenna for mobile telephony of corresponding type already attached to the structure.
(b) In any other case, the dimensions of any such antenna provided shall not exceed—
(i) in the case of any panel type antenna, 3 metres in length x 0.6 metres in width x 0.2 metres in depth,
(ii) in the case of any co-linear type antenna, 5 metres in length x 0.1 metres in diameter, and
(iii) in the case of any dish type antenna (whether shielded or not), 1.8 metres in diameter.
3. The attachment of such antennae shall not result in the field strength of the non-ionising radiation emissions from the site exceeding limits specified by the Commission for Communications Regulation.
4. The attachment of such antennae may be carried out by way of a platform only where the antenna support structure already incorporates a platform.
5. The height of the existing structure (including any antenna thereon) shall not be exceeded.
(i) antennae for high capacity transmission links by way of attachment to existing high capacity antennae support structures,
1. The addition shall be of the dish type antennae used for the sole purpose of point to point communication.
2. The additional antennae shall not exceed the number provided for in the existing design capacity of the support structure.
3. No new member shall be added to the structure save by way of brackets or other fixing systems used for the attachment of the additional antennae.
4. The maximum diameter of any added antenna shall not exceed the width of the support structure at the point at which the additional antenna is attached.
5. The planning authority in whose functional area the support structure exists shall be notified by the statutory undertaker in writing of the attachment of any such additional antennae at least 4 weeks before the antenna or antennae are attached.
6. The attachment of such antenna shall not result in the field strength of the non-ionising radiation emissions from the radio installations on the site exceeding the limits specified by the Director of Telecommunications Regulation.
(j) an antenna support structure in place of an existing antenna support structure,
1. The replaced structure shall be removed no later than 4 weeks following its decommissioning.
2. Where, for reasons of the integrity of the network or other operational reasons, the structure to be replaced remains in use during the construction of the replacement structure, the replacement structure shall be located as near as possible to the existing structure having regard to construction activity and safety requirements and, in any case, no replacement structure shall be located more than 20 metres from the replaced structure (measured from the base).
3. (a) The height of the replacement structure shall not exceed the height of the replaced structure.
(b) (i) Subject to sub-paragraph (ii), the width of the replacement structure shall not exceed the width of the replaced structure.
(ii) Where the replaced structure was 2 metres or less in width, the width of the replacement structure may not be more than twice the width of the replaced structure, all measurements to be taken at the widest point.
(c) Where the replaced structure did not incorporate an antenna platform, the replacement shall not incorporate such a platform.
4. (a) Subject to sub-paragraphs (b) and (c), the antennae to be attached to the replacement structure shall not exceed the number of antennae on the replaced structure.
(b) For structure under 15 metres in height, an additional 12 antennae for mobile telephony may be attached to the replacement structure, of which not more than 8 of the additional 12 antennae shall be of the dish type (whether shielded or not).
(c) For structures of 15 metres or over in height, an additional 18 antennae for mobile telephony may be attached to the replacement structure, of which not more than 12 of the additional 18 antennae shall be of the dish type (whether shielded or not).
5. (a) The dimensions of any additional antenna for mobile telephony shall not exceed the greatest length, width or depth of any antenna for mobile telephony of corresponding type on the replaced structure.
(b) In any other case, the dimensions of any antenna provided shall not exceed:
(i) in the case of any panel type antenna, 3 metres in length x 0.6 metres in width x 0.2 metres in depth,
(ii) in the case of any co-linear type antenna, 5 metres in length x 0.1 metres in diameter, and
(iii) in the case of any dish type antenna (whether shielded or not), 1.8 metres in diameter.
6. The replacement of an antenna support structure together with any replaced or additional antenna shall not result in the field strength of the non-ionising radiation emissions from the radio installations on the site exceeding the limits specified by the Commission for Communications Regulation.
(k) antennae, including small cell antennae, attached to the following existing structures—
(i) public or commercial buildings (other than education facilities, childcare facilities or hospitals) by way of attachment to roofs, facades, chimneys, chimney pots or vent pipes;
(ii) electricity pylons;
(iii) agricultural storage buildings;
(iv) water towers.
1. The antenna shall be attached directly to the structure (other than a structure with a flat roof) and not by way of a supporting fixture.
2. In the case of a structure with a flat roof, a supporting fixture may be used provided that–
(a) the fixture does not exceed the height of any existing parapet or railing on the roof by more than 3 metres, and
(b) access to the roof is not available to any person other than a person authorised by the statutory undertaker.
3. Where an antenna is attached to the façade of a building or the exterior of a chimney or vent, the colour of the antenna shall match and blend with the colour of such façade, chimney or vent pipe.
4. Where the antenna is hidden inside a chimney pot the existing chimney pot may be replaced by a chimney pot in a suitable material which shall be the same colour, size and shape as the replaced pot, and the antenna shall not protrude beyond the top of the chimney pot.
5. The planning authority in whose functional area the structure on which the antennae will be attached is situated shall be notified by the statutory undertaker in writing of the proposed location of any such structure at least 4 weeks before such attachment.
6. The field strength of any such antenna shall not result in the field strength of the non-ionising radiation emission from the radio installations on the site exceeding the limits specified by the Commission for Communications Regulation.
(l) small cell antennae attached to the following existing structures–
(i) electricity poles, telegraph poles, lamp posts, lighting structures, flag poles, CCTV poles;
(ii) phone kiosks and bus shelters.
1. The small cell antennae shall be attached directly to the structure and not by way of a supporting fixture.
2. In the case of structures with a flat roof, the small cell antennae shall be attached directly to the roof.
3. No more than 2 small cell antennae may be attached to one structure.
4. The colour of any small cell antennae shall match and blend with the colour of any structure to which it is attached.
5. The planning authority in whose functional area the structure on which the small cell antennae will be attached is situated shall be notified by the statutory undertaker in writing of the proposed location of any such structure at least 4 weeks before such attachment.
6. The field strength of any such small cell antenna shall not result in the field strength of the non-ionising radiation emission from the radio installations on the site exceeding the limits specified by the Commission for Communications Regulation.
CLASS 32
The carrying out by any person to whom an aerodrome licence within the meaning of the Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order, 1998 (No. 487 of 1998) has been granted, of development consisting of
(a) the construction or erection of an extension of an airport operational building within an airport,
(b) the construction, extension, alteration or removal of aprons, taxiways or airside roads used for the movement of aircraft and the distribution of vehicles and equipment on the airside, within an airport,
(c) the construction, erection or alteration of visual navigation aids on the ground including taxiing guidance, signage, inset and elevated airfield lighting or apparatus necessary for the safe navigation of aircraft, within an airport,
(d) the construction, erection or alteration of security fencing and gates, security cameras and other measures connected with the security of airport infrastructure, within an airport, or
(e) the erection or alteration of directional locational or warning signs on the ground, within an airport.
(f) the construction, erection or alteration of temporary awnings, marquees, portable cabins or covered pedestrian or set down areas connected with the management of airport passenger movement
in a State airport (within the meaning of Part 2 of the State Airports Act 2004 (No. 32 of 2004) for purposes connected with the prevention of transmission of Covid-19 (within the meaning of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020)).
1. Where the building has not been extended previously, the floor area of any such extension shall not exceed 500square metres or 15% of the existing floor area, whichever is the lesser.
2. Where the building has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions, shall not exceed 15% of the original floor area or 500 square metres, whichever is the lesser.
3. The planning authority for the area shall be notified in writing not less than 4 weeks before such development takes place.
CLASS 58
Development by Irish Water, for the purpose of the provision of water services, consisting of one or more of the following:
(a) the inspection, maintenance, repair, renewal or removal of pipes, cables, water mains, sewers, including associated accessories, service connections, boundary boxes, kiosks, intakes, overhead wires, meters and other apparatus, including the excavation of any street or other land for that purpose;
(b) the installation of either or both—
(i) underground pipes, cables, water mains, sewers, including associated accessories, service connections, boundary boxes and meters, and,
(ii) above ground kiosks, meters and other apparatus and overhead wires,
including the excavation of any street or other land for that purpose;
The volume above ground level of any such kiosk, meter or other apparatus shall not exceed 13 cubic metres in rural areas (being areas as defined in Article 6(3)) or 2 cubic metres in other areas, measured externally.
(c) The construction or erection of either or both—
(i) below ground pumping or booster stations and, where appropriate, above ground kiosks, and
(ii) below ground holding tanks or reservoirs;
1. The volume of any such below ground level pumping or booster station and any such holding tank or reservoir shall not exceed 500 cubic metres, measured externally.
2. The volume above ground level of any such kiosk, meter or other apparatus shall not exceed 13 cubic metres in rural areas (being areas as defined in Article 6(3)) or 2 cubic metres in other areas, measured externally.
(d) the provision of telemetry and telecommunications apparatus in the form of a free-standing pole or antenna to the top or side of an existing building or structure within an existing water services site (being a site of not less than 0.1 hectare used for the provision of water services);
Any such pole or antenna shall not exceed 10 metres in height or 0.60 metres in diameter.The capacity of any such structure shall not exceed 50 cubic meters and the height of any such structure shall not exceed the current height of existing structures on the site.
(e) the provision of structures for sampling, testing or odour abatement within the curtilage of existing water services sites;
(f) the carrying out of remedial works in respect of existing water services infrastructure in order to comply with conditions of licences and certificates issued under the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007);
(g) the upgrade of existing water or waste water structures, or both, within existing site boundaries or the alteration or repair of any structure or its replacement with a similar structure;
The upgrading of any such structure shall not increase the existing floor area by more than 10% and the height of the upgraded structure shall not exceed the current height of existing structures.
(h) the installation of plant or equipment within the curtilage of an existing water services site only in so far as is necessary to avert serious risks to public health or critical failure of infrastructure;
(i) the carrying out of any emergency work on an asset owned by Irish Water in order to ensure the continued supply of essential water and waste water services;
(j) such fencing, gates, CCTV equipment and signage as are required to prevent unauthorised access to sites owned by Irish Water and ensure public safety or health and safety within the site;
The height of any such fencing shall not exceed 2.5 metres and the type of such fencing shall be consistent with existing development in the vicinity.
(k) test drilling for public water supplies.
CLASS 59
The carrying out by, or on behalf of, the Commissioners, within a port operated by a state port company, of development consisting of–
(a) the construction or erection of an extension of a port operational building within a port,
1. Where the building has not been extended previously, the floor area of any such extension shall not exceed 500 square metres or 15% of the existing floor area, whichever is the lesser.
2. Where the building has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions, shall not exceed 15% of the original floor area or 500 square metres, whichever is the lesser.
3. The height of any such extension shall not exceed the 4 [46] (b) the construction, erection or alteration of visual navigation aids on the ground including docking guidance, signage, inset and elevated port lighting or apparatus necessary for the safe navigation of ships and vehicles within a port, (c) the construction or erection of an extension to loading or unloading areas, or vehicle queuing or parking areas within a port, current height of the existing building which is the subject of the extension.
4. Any such extension shall not be located within 100 metres of the nearest habitable house or residential building or school, hospital, church or building used for public assembly (other than the house or building of the person providing the structure), save with the consent in writing of the owner, and, as appropriate, the occupier or person in charge thereof.
5. Any such extension shall be a distance of not less than 2 metres from any party boundary.
6. The planning authority for the area shall be notified in writing not less than 4 weeks before such development takes place.
(b) the construction, erection or alteration of visual navigation aids on the ground including docking guidance, signage, inset and elevated port lighting or apparatus necessary for the safe navigation of ships and vehicles within a port,
1. Where the areas have not been extended previously, any such extension shall not exceed 15% of the existing area.
2. Where the areas have been extended previously, the area of any such extension, taken together with the area of any previous extension or extensions, shall not exceed 15% of the original area.
(c) the construction or erection of an extension to loading or unloading areas, or vehicle queuing or parking areas within a port,
(d) the construction, erection or alteration of security fencing and gates, security cameras and signage and other measures connected with the security of a port infrastructure within a port,
1. The height of any such fencing shall not exceed 2.5 metres and the type of such fencing shall be consistent with existing development in the vicinity.
(e) the erection or alteration of directional locational or warning signs within a port, or
(f) the construction, extension, alteration or removal of roads and related signage and ancillary safety barriers used for the movement of vehicles and equipment within a port.
S.5 Declarations Sewers
NAAS URBAN DISTRICT
WHEREAS a question has arisen as to whether the laying underground of a distribution gas main in Naas Town Centre is or is not exempted development within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1993:
AND WHEREAS the said question was referred to An Bord Pleanála on the 27th day of February, 1996 by Bord Gais Eireann care of O’Flynn Exhams and Partners of 17 Upper Pembroke Street, Dublin:
AND WHEREAS the said letter of the 27th day of February, 1996 distinguishes between the transmission and distribution of natural gas and the letter of the 4th day of February, 1994 from the Department of Transport, Energy and Communications refers to consent “to the construction of a natural gas transmission pipeline from Glebe West AGI on the Cork/Dublin pipeline to Naas”:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to-
(a) sections 2, 3 and 4 of the Local Government (Planning and Development) Act, 1963,
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994, with particular reference to Class 23 of Part I of the Second Schedule to the 1994 Regulations, and
(c) section 8(7) of the Gas Act, 1976 and section 3 of the Gas Act, 1976 and section 3 of the Gas (Amendment) Act, 1987 and Statutory Instruments Numbers 283 of 1987 and 162 of 1989 relating to gas:
AND WHEREAS An Bord Pleanála has concluded that the said laying underground of a distribution gas main-
(a) involves the carrying out of works which come within the meaning of “development” in section 3 (1) of the 1963 Act,
(b) does not come within the scope of Class 23 (b) of Part 1 of the Second Schedule to the 1994 Regulations, having regard particularly to Statutory Instruments Numbers 283 of 1987 and 162 of 1989 and the fact that the distance between Naas Town Centre and the General Post Office, Dublin, exceeds 25 kilometres,
(c) does not come within the scope of Class 23(a) of Part 1 of the Second Schedule to the 1994 Regulations, and
(d) does not come within the scope of paragraph (a) (vii) of article 10(1) of the 1994 Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that the said laying underground of a distribution gas main in Naas Town Centre is not exempted development.
05.RL.3489
Donegal County
WHEREAS a question has arisen as to whether the installation of two underground fuel storage tanks of 40,000 litres capacity each and the decommissioning of an existing 28,000 litres tank at an existing filling station at Ballyraine, Letterkenny, County Donegal is or is not development or is or is not exempted development:
AND WHEREAS Emo Oil Limited trading as GreatGas care of Safety Engineering and Environmental Consultants Limited of 15b The Square, Skerries, County Dublin requested a declaration on the said question from Donegal County Council and the said Council issued a declaration on the 31stday of May, 2016 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Emo Oil Limited trading as GreatGas referred the declaration for review to An Bord Pleanála on the 17thday of June, 2016:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended, and
(b) previous determinations under An Bord Pleanála referrals numbers 13.RL.3233, 35.RL.2850, 04.RL.2211, 25.RL.2340, 04.RL.2747 and 04.RL.3069.
AND WHEREAS An Bord Pleanála has concluded that the installation of two underground fuel storage tanks of 40,000 litres capacity each and the decommissioning of an existing 28,000 litres tank could not be considered as being within the scope of section 4(1)(h) of the Planning and Development Act, 2000 as the new tanks are to be located in a different location to the tank which is being de-commissioned and the existing tank is not being replaced but being left in situ, albeit that it is being taken out of use, and could not, therefore, be considered as works for the maintenance, improvement or other alteration of a structure.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the installation of two underground fuel storage tanks of 40,000 litres capacity each and the decommissioning of an existing 28,000 litres tank at an existing filling station at Ballyraine, Letterkenny, County Donegal is development and is not exempted development. Dated this 10th day of May 2017.
04.RL.2523
CORK COUNTY
WHEREAS a question has arisen as to whether certain works comprising the provision of boundary walls, the connection of a premises to a public sewer and the demolition of a habitable house at Georges Street, Brigown, Mitchelstown, County Cork are or are not development or are or are not exempted development:
AND WHEREAS Kevin T. Finn care of Potter and Finn of King’s Square, Mitchelstown, County Cork requested a declaration on the said question from Cork County Council and the said Council issued a declaration on the 20th day of February, 2008 in relation to the question that has arisen:
AND WHEREAS the said Kevin T. Finn referred the declaration for review to An Bord Pleanála on the 18th day of March, 2008:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Sections 2, 3 and 4 of the Planning and Development Act, 2000 (as amended),
(b) Articles 6 and 9 of the Planning and Development Regulations, 2001 (as amended),
(c) Classes 11, 48 and 50 of Part 1 of Schedule 2 to the said Regulations, and
(d) the planning history of the site:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the erection of boundary fencing and walling in excess of two metres in height does not come within the scope of condition and limitation number 1 of class 11 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001,
(b) the replacement of boundary walling in excess of 1.2 metres in height does not come within the scope of condition and limitation number 1 of class 11 of Part 1 of Schedule 2 to the said Regulations,
(c) the connection of the premises to a sewer, including breaking open of any street or other lands for that purpose, even if not all of the lands are in the ownership of the developer, comes within the scope of class 48 of Part 1 of Schedule 2 to the said Regulations, and
(d) the demolition of a habitable house does not come within the scope of class 50 of Part 1 of Schedule 2 to the said Regulations, even if included as part of a general proposal for building development, where such development does not provide for such demolition:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that
(a) the said erection of boundary fencing and walling in excess of two metres in height is not exempt development,
(b) the said replacement of boundary walling in excess of 1.2 metres in height is not exempt development,
(c) the connection of a sewer is exempt development, and
(d) the demolition of a habitable house is not exempt development.
MATTERS CONSIDERED
In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
Dated March 25, 2009.
06D.RL.2515
DUN LAOGHAIRE-RATHDOWN COUNTY
WHEREAS a question has arisen as to whether alterations to entrance gateway at 1 Rosmeen Gardens, Dun Laoghaire, County Dublin is or is not exempted development:
AND WHEREAS Patrick Nash care of Kenny Kane Associates of 71A Patrick Street, Dun Laoghaire, County Dublin requested a declaration on the said question from Dun-Laoghaire Rathdown County Council and the said Council issued a declaration on the 8th day of February, 2008 stating that the said development was not exempted development:
AND WHEREAS the said Patrick Nash referred the declaration for review to An Bord Pleanála on the 4th day of March, 2008:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000, and
(b) articles 6 and 9 of the Planning and Development Regulations, 2001:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the relocation of timber gates/brick piers permitted at the side of the dwelling to the front boundary is not justified to comply with condition number 4 of the permission granted under planning register reference number D04A/0711 which requires protection of the public sewer, and
(b) the said alterations to the permitted vehicular entrance and gates require the benefit of a planning permission as these are not considered to be minor in nature and, therefore, contravene condition number 1 of the permission granted under planning register reference number D04A/0711 and do not constitute exempted development:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by s.5(3)(a) of the 2000 Act, hereby decides that the said alterations to entrance gateway at 1 Rosmeen Gardens, Dun Laoghaire, County Dublin is not exempted development.
MATTERS CONSIDERED In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
03.RL.2102
WATERFORD CITY
WHEREAS a question has arisen as to whether development comprising the diversion of a sewer and other pipes at Railway Square, Waterford, is or is not exempted development.
AND WHEREAS Brendan McCann of 169 Viewmount, Waterford, requested a declaration on the said question from Waterford City Council and the said Council issued a declaration on November 3, 2003 stating that the said development was exempted development
AND WHEREAS the said Brendan McCann referred the declaration for review to An Bord Pleanála on November 26, 2003.
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3 and 4 of the Planning and Development Act 2000;
(b) article 80(1)(k) of the Planning and Development Regulations 2001; and
(c) the planning history of the site with particular reference to An Bord Pleanála appeal reference number PL 31.202992.
AND WHEREAS An Bord Pleanála has concluded that—
(a) the said diversion of a sewer and other pipes involves the carrying out of works which come within the scope of s.2 of the Planning and Development Act 2000, and constitutes development which comes within the scope of s.3 of the said Act;
(b) the said diversion was not carried out by the local authority or by a statutory undertaker and does not, therefore, come within the scope of s.4(1)(c) or s.4(1)(g) of the Planning and Development Act 2000; and
(c) the said diversion comes within the scope of s.4(1)(f) of the Planning and Development Act 2000, being a development carried out on behalf of the local authority pursuant to a contract entered into by that authority:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by s.5(3)(a) of the 2000 Act, hereby decides that the said diversion of a sewer and other pipes at Railway Square, Waterford, is exempted development.
In deciding not to accept the Inspector’s recommendation, the Board did not agree with the Inspector’s conclusion that, on the basis of the evidence available, the development was not carried out pursuant to a contract entered into by the local authority.
Dated July 7, 2004.
27 RF.0874
COUNTY WICKLOW
WHEREAS a question has arisen as to whether –
(a) the placing on land and the use of a mobile home;
(b) the erection of a structure measuring approximately 15 metres by 9 metres; and
(c) the installation of two concrete tanks to the north-east of that structure
on lands at Brittas, Brittas Bay, County Wicklow are or are not exempted developments.
AND WHEREAS the said question was referred to An Bord Pleanála by Wicklow County Council on the 29th day of September, 1998:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to: –
(a) sections 2, 3 and 4 of the 1963 Act;
(b) articles 8, 9 and 10 of the Local Government (Planning and Development) Regulations, 1994;
(c) Class 15 of Part I of the Second Schedule to the 1994 Regulations;
(d) Classes 6 and 8 of Part III of the Second Schedule to the 1994 Regulations; and
(e) the planning history of the site:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the placing on land of the said mobile home (which is used for the purpose of agriculture) comes within the scope of Class 15 of Part I and Class 8 of Part III of the Second Schedule to the 1994 Regulations, and the use of the mobile home comes within the scope of section 4(1) (a) of the 1963 Act;
(b) having regard to the plans and particulars submitted and the work done to date, it has not been established that the structure measuring approximately 15 metres by 9 metres comes within the scope of Class 8 of Part III of the Second Schedule to the 1994 Regulations; and the said structure is not otherwise exempted development by reference to section 4 of the 1963 Act or article 9 of the 1994 Regulations, and
(c) having regard to the letter dated 22nd September, 1998, from the developer to the effect that there was no septic tank on the farm holding, there were no sewerage services to the store, and the two tanks were not connected to the “machinery store/barn”, the installation of the said two concrete tanks does not come within the scope of Class 6 of Part III of the Second Schedule to the 1994 Regulations and is not otherwise exempted development by reference to section 4 of the 1963 Act or article 9 of the 1994 Regulations:
NOW THEREFORE An Bord Pleanála in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that –
(a) the placing on land and the use of the said mobile home is exempted development;
(b) the erection of the structure measuring approximately 15 metres by 9 metres is not exempted development; and
(c) the installation of the said two concrete tanks is not exempted development.
Dated this 29th day of March 1999.
31.RF.0750
WATERFORD COUNTY BOROUGH
WHEREAS a question has arisen as to whether externally mounted drainage pipes on gable wall of extension to house at Dyehouse Lane, Waterford are or are not development or exempted development within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1993:
AND WHEREAS the said question was referred to An Bord Pleanála by Waterford Corporation on the 22nd day of December, 1995:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to-
(a) sections 2, 3 and 4 of the 1963 Act, and
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994:
AND WHEREAS An Bord Pleanála has concluded that-
(a) having regard to the definition of works in section 2 (1) of the 1963 Act, the erection of the said pipes involves the carrying out of works which come within the meaning of “development” in section 3(1) of the 1963 Act,
(b) the erection of the said pipes does not come within the scope of section 4(1) (g) of the 1963 Act, having regard to the fact that it is considered that his provision does not apply to works involving a change in a permitted development (namely, the extension) and carried out during the course of construction of that development, and
(c) the erection of the said pipes is not otherwise exempt by reference to articles 9 and 10 of the 1994 Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that the said externally mounted drainage pipes
(a) is development, and
(b) is not exempted development.
07.RF.0754
COUNTY GALWAY
WHEREAS a question has arisen as to whether the construction of a water reservoir for a group water supply scheme at Ballymena, County Galway is or is not exempted development within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1993:
AND WHEREAS the said question was referred to An Bord Pleanála on the 23rd day of January, 1996 by Ballymena Group Water Scheme care of John Mooney and Associates of Lough Corrib House, 5 Waterside, Galway:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to-
(a) sections 2, 3 and 4 of the Local Government (Planning and Development) Act, 1963,
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994, and
(c) Class 40 of Part 1 of the Second Schedule to the 1994 Regulations:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the said construction of a water reservoir involves the carrying out of works which come within the meaning of “development” in section 3 (1) of the 1963 Act,
(b) the said construction of a water reservoir comes within the scope of Class 40 of Part 1 of the Second Schedule to the 1994 Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that the said construction of a water reservoir for a group water supply scheme is exempted development.
ABP-302528-18
Dublin City Council
WHEREAS a question has arisen as to whether revisions to approved granny flat as detailed: 1. Revised rooflight. 2. Revision to window in laneway elevation. 3. Revision to windows in garden elevation. 4. Revised external cladding to extension. 5. Revised extent of extension roof overlap and 6. Revision to drainage layout at 5 Royal Canal Terrace, Broadstone, Dublin (A Protected Structure) are or are not development or are or are not exempted development:
AND WHEREAS Paul Kelly of 5 Royal Canal Terrace, Broadstone, Dublin requested a declaration on this question from Dublin City Council and the Council issued a declaration on the 15th day of August, 2018 stating that the matter is development and is not exempted development:
AND WHEREAS Paul Kelly referred the declaration for review to An Bord Pleanála on the 10th day of September, 2018:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to —
(a) sections 2(1), 3(1) and 4(1)(h) of the Planning and Development Act, 2000, as amended,
(b) Articles 6(1) and 9(1) of the Planning and Development Regulations, 2001, as amended,
(c) Part 1 of Schedule 2 to the Planning and Development Regulations, 2001, as amended,
(d) the planning history of the site, and
(e) the pattern of development in the area:
AND WHEREAS An Bord Pleanála has concluded that –
(a) permission was granted for the “granny flat” under planning register reference number 2026/11, An Bord Pleanála appeal reference number PL 29N.238610 and condition number 1 of that permission states that the development shall be carried out and completed in accordance with the plans and particulars lodged with the application,
(b) under Article 9 (1)(a)(i) of the Planning and Development Regulations, 2001, as amended, development to which Article 6 relates shall not be exempted development for the purposes of the Act if the carrying out of such development would contravene a condition attached to a permission under the Act or be inconsistent with any use specified in a permission under the Act,
(c) the revisions from the permitted “granny flat” are works that were carried out during construction and before completion of the permitted development and in contravention of the plans and particulars lodged with planning application, planning register reference number 2026/11, An Bord Pleanála appeal reference number PL 29N.238610, and
(d) the “granny flat” has been constructed in contravention of condition number 1 of planning register reference number 2026/11, An Bord Pleanála appeal reference number PL 29N.238610 and cannot, therefore, avail of the exempted development provisions of Article 6 of the Planning and Development Regulations, 2001, as amended, or section 4(1)(h) of the Planning and Development Act, 2000, as amended:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that revisions to approved granny flat as detailed: 1. Revised rooflight. 2. Revision to window in laneway elevation. 3. Revision to windows in garden elevation. 4. Revised external cladding to extension. 5. Revised extent of extension roof overlap and 6. Revision to drainage layout at 5 Royal Canal Terrace, Broadstone, Dublin (A Protected Structure) are development and are not exempted development.
Dated this 1st day of July 2019
S.5 Declaration Electricity
ABP-302895-18
Kildare County Council
WHEREAS a question has arisen as to whether the provision of a medium voltage grid connection between a permitted solar farm and the Dunfirth ESB substation at Dysart, Johnstownbridge, County Kildare is or is not development or is or is not exempted development.
AND WHEREAS Power Capital Renewable Energy Limited of 2 Merrion Place, Dublin requested a declaration on this question from Kildare County Council, and the Council issued a declaration on the 8th day of October, 2018 stating that the matter is development and is not exempted development.
AND WHEREAS Power Capital Renewable Energy Limited care of IMG Planning Limited of 75 Fitzwilliam Lane, Dublin referred this declaration for review to An Bord Pleanála on the 31st day of October, 2018.
AND WHEREAS An Bord Pleanála, in the light of the documentation submitted with the referral, and in the interests of clarity, decided to re-word the question as follows:
Whether the provision of a medium voltage (20kV) underground grid connection between a permitted solar farm at Dysart, Johnstownbridge, County Kildare and the Dunfirth ESB substation at Dunfirth, Johnstownbridge, County Kildare is or is not development or is or is not exempted development.
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to:
- sections 2, 3, 4, 172 (1) and 177U (9) of the Planning and Development Act, 2000, as amended,
- Articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
- Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended,
- the planning history of the solar farm, under planning authority register reference number 16/1265,
- the documentation and submissions on file, including the Outline Construction Methodology Report submitted to the planning authority on the 15th day of February 2018, and,
- the report of the Inspector, including his Environmental Impact Assessment screening and his Appropriate Assessment screening, both of which the Board adopts.
AND WHEREAS An Bord Pleanála has concluded that:
the provision of the underground electricity connection and associated works involves the carrying out of works and, therefore, constitutes development, under sections 2 and 3 of the Planning and Development Act, 2000, as amended,
- the underground electricity grid connection involves works carried out by an electricity undertaking, and, having regard to the nature of those works, would come within the scope of Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended, and would, therefore, constitute exempted development,
- none of the restrictions on exempted development provided for under section 4 (4) of the Planning and Development Act 2000, as amended, apply in this case, and
- none of the restrictions on exempted development provided for under Article 9 (1)(a) of the Planning and Development Regulations, 2001, as amended, apply in this case, and in particular, having regard to the scope of the works as set out in the Outline Construction Methodology Report submitted by the referrer, the development in question would not endanger public safety by reason of traffic hazard.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3)(a) of the Planning and Development Act, 2000, as amended, hereby decides that the provision of a medium voltage (20kV) underground grid connection between a permitted solar farm at Dysart, Johnstownbridge, County Kildare and the Dunfirth ESB substation at Dunfirth, Johnstownbridge, County Kildare is development and is exempted development.
Dated this 12th day of March 2019
03.RL.2778
CLARE COUNTY
WHEREAS a question has arisen as to whether the laying underground by the Electricity Supply Board and/or its agents of 10.2 kilometres of 38kV cable forming part of a proposed grid connection to connect a planned renewable energy wind farm at Loughaun North, Tulla, County Clare, to the existing ESB substation at Tooreen, Ennis, County Clare, under an existing public road in the townlands of Knockanean, Tooren, Muckinish, Kilvoydan South, Kilvoydan North, Rathclooney, O’Brienscastle, Derrymore and Derryvet, County Clare, is or is not exempted development.
AND WHEREAS ESB Network Projects South care of Alan Enright of ESB Networks Limited, Rosbrien, Limerick requested a declaration on the said question from Clare County Council and the said Council issued a declaration on the 23rd day of July, 2010 stating that the said matter is development and is not exempted development:
AND WHEREAS ESB Network Projects South care of Alan Enright of ESB Networks Limited, Rosbrien, Limerick referred the declaration for review to An Bord Pleanála on the 19th day of August, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) section 4 of the Planning and Development Act, 2000, as amended,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
(c) Class 26 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001,
(d) Policy CDP 52 and Section 6.7 of the Clare County Development Plan, 2005- 2011,
(e) Policy EN3: Protection of Areas of Nature Conservation of the East Clare Local Area Plan, 2005,
(f) the location of part of the public road where the cable is to be laid, within the Slieve Aughty Mountains proposed Special Protection Area, which is a place of scientific or ecological interest, the preservation of which is an objective of the development plan for the area, as referred to at article 9(1)(a)(vii) of the Planning and Development Regulations, 2001, as amended,
(g) the objectives of the Birds Directive (2009/147/EC),
(h) the site synopsis for the Slieve Aughty Mountains proposed Special Protection Area, published by the National Parks and Wildlife Service, and
(i) the submissions made in connection with the referral, in particular the screening report prepared by Natura Environmental Consultants:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the underground electricity cable is a type of development coming generally within the exempted development provisions of Class 26 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001,
(b) the area to be excavated and backfilled in connection with the laying of the underground electricity cable comprises of a public road in the proposed Special Protection Area, and not in any area of ecological value in terms of the site synopsis for the Special Protection Area,
(c) the area subject to works will be substantially returned to its pre-existing state after the works have been completed,
(d) the laying of the underground electric cable would have no significant effect, in terms of disturbance of habitats or species, on the ecology of the proposed Special Protection Area, and
(e) notwithstanding that the carrying out of the proposed development entails an element of excavation, applying a purposive interpretation of the provisions of Article 9(1)(a)(vii) of the Planning and Development Regulations, 2001, as amended, the proposed underground electricity cable comes within the exempted development provisions of the said Class 26 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said laying of an underground electricity cable in a number townlands passing through an area within the Slieve Aughty Mountains proposed Special Protection Area is exempted development.
Dated February 23, 2011
29S.RL.2602
DUBLIN CITY
WHEREAS a question has arisen as to whether the attachment of two number additional dishes to the existing Electricity Supply Board Telecoms support structure at Electricity Supply Board, South Lotts Road, Ringsend, Dublin is or is not exempted development:
AND WHEREAS Electricity Supply Board Telecoms of 27 Lower Fitzwilliam Street, Dublin requested a declaration on the said question from Dublin City Council and the said Council issued a declaration on the 12th day of December, 2008 stating that the said development was not exempted development:
AND WHEREAS the said Electricity Supply Board Telecoms referred the declaration for review to An Bord Pleanála on the 5th day of January, 2009:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001, with particular reference to class 31(i) of Part 1 of Schedule 2 to these Regulations, and
(c) the planning history of the site, including the permission granted on the 30th day of January, 1996, by the planning authority, under planning register reference number 2221/95, for erection of a 25 metre high communication structure:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the attachment of two additional dishes for point to point communication to the existing Electricity Supply Board telecommunications support structure is a type of development which comes within the exempted development provisions of class 31(i) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001, and
(b) the development complies with the conditions and limitations attached to the said class 31(i):
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the attachment of two number additional dishes to the existing Electricity Supply Board Telecoms support structure at Electricity Supply Board, South Lotts Road, Ringsend, Dublin is exempted development.
MATTERS CONSIDERED
In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
Dated June 24, 2009.
ABP-310120–21
Longford County Council
WHEREAS a question has arisen as to whether the provision of circa 3,834 metres of 38 kV underground medium voltage grid connection cable between the consented Cleggill Solar Farm (planning register reference number 17/47, An Bord Pleanala appeal reference number PL 14.248470) to the nearest 38 kV Longford substation through the townlands of Cleggill, Lismore, Cartrons, Moneylagan, Aghadegan and Minard, is or is not development or is or is not exempted development:
AND WHEREAS the question was referred to An Bord Pleanala by Longford County Council on the 4th day of May, 2021:
AND WHEREAS An Bord Pleanala, in considering this referral, had regard particularly to –
(a) sections 2, 3, 4, 172(1) and 177U(9) of the Planning and Development Act, 2000, as amended,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
(c) Class 26 of Part 1 of the Second Schedule to those Regulations,
(d) the planning history of the solar farm, under planning register reference number 17/47, An Bord Pleanala appeal reference number PL 14.248470,
(e) the documentation and submissions on file, including the Outline Construction Environmental Management Plan, the Construction Traffic Management Plan and the Appropriate Assessment Screening Report, submitted to the planning authority on the 7th day of April 2021,
(f) the report of the planning authority, and
(g) the report of the Inspector, including the Appropriate Assessment screening:
AND WHEREAS An Bord Pleanala has concluded that –
(a) the provision of the underground electricity connection and associated works involves the carrying out of works and, therefore, constitutes development, under sections 2 and 3 of the Planning and Development Act, 2000, as amended,
(b) the underground electricity grid connection involves works carried out by an electricity undertaker, and, having regard to the nature of those works, would come within the scope of Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended, and would, therefore, constitute exempted development,
(c) none of the restrictions on exempted development provided for under section 4(4) of the Planning and Development Act 2000, as amended, apply in this case,
(d) none of the restrictions on exempted development provided for under article 9(1)(a) of the Planning and Development Regulations, 2001, as amended, apply in this case, and in particular, having regard to the scope of the works as set out in the Construction Traffic Management Plan submitted to the planning authority, the development in question would not endanger public safety by reason of traffic hazard,
(e) none of the restrictions on exempted development provided for under article 9 (1)(a) (viiB) of the Planning and Development Regulations, 2001, as amended, apply in this case, and in particular, having regard to the Appropriate Assessment Screening Report submitted to the planning authority, and
(f) there are no other restrictions on exemption set out in the Planning and Development Act, 2000, as amended, and/or the Planning and Development Regulations, 2001, as amended, that would apply in this instance:
NOW THEREFORE An Bord Pleanala, in exercise of the powers conferred on it by section 5(4) of the 2000 Act, hereby decides that the provision of circa 3,834 metres of 38 kV underground medium voltage grid connection cable between the consented Cleggill Solar Farm (planning register reference number 17/47, An Bord Pleanala appeal reference number PL 14.248470) to the nearest 38 kV Longford substation through the townlands of Cleggill, Lismore, Cartrons, Moneylagan, Aghadegan and Minard is development and is exempted development:
Dated this 5th day of October 2021
18.RL.3811
Monaghan County Council
WHEREAS a question has arisen as to whether the pillar box which was constructed on the right of way at Drumquill, Castleblaney, County Monaghan is or is not development or is or is not exempted development: AND WHEREAS Martin Molloy of Drumquill, Castleblaney, County Monaghan requested a declaration on the question from Monaghan County Council and no declaration issued by the planning authority:
AND WHEREAS Martin Molloy of Drumquill, Castleblaney, County Monaghan referred the question for decision to An Bord Pleanála on the 29th day of September 2017:
AND WHEREAS An Bord Pleanála, in the light of the documentation on the file, has reformulated the question as follows:
whether the construction of a pillar structure to house an electricity meter on the edge of a laneway at Drumquill, Castleblaney, County Monaghan is or is not development or is or is not exempted development:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to:
a.Sections 2, 3 and 4 of the Planning and Development Act 2000, as amended,
b.Articles 6(1) and Article 9(1) of the Planning and Development Regulations, 2001, as amended,
c.Class 26 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, as amended,
d.The pattern of development in the area, and
e.The submissions on file and the report of the Inspector:
AND WHEREAS An Bord Pleanála has concluded that:
a.the construction of a pillar structure to house an electricity meter on the edge of a laneway constitutes works, which in turn constitutes development within the meaning of Section 3 of the Planning and Development Act 2000, as amended,
b.the development of the structure that has taken place does not come within the scope of any provisions afforded exempted development status under Section 4(1)(g) of the Planning and Development Act 2000, as amended, and
c.the development of the structure does not come within the scope of any class afforded exempted development status for the purposes of the Planning and Development Act 2000, as amended:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(b) of the 2000 Act, as amended, hereby decides that the construction of a pillar structure to house an electricity meter on the edge of a laneway at Drumquill, Castleblaney, County Monaghan is development and is not exempted development.
Dated this 28th day of March 2018
04.RL.2789
CORK COUNTY
Planning Authority Reference Number: D 257.10
WHEREAS a question has arisen as to whether the laying of an underground electricity cable in a number of townlands passing through an area within the Stacks to Mullaghareiek Mountains, West Limerick Hills and Mount Eagle proposed Special Protection Area at Knockacummer Windfarm Development, County Cork is or is not exempted development:
AND WHEREAS SWS Energy of Shinagh House, Bandon, County Cork requested a declaration on the said question from Cork County Council and the said Council issued a declaration on the 13th day of September, 2010 stating that the said matter is not exempted development:
AND WHEREAS the said SWS Energy referred the declaration for review to An Bord Pleanála on the 4th day of October, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Section 4 (2) and (3) of the Planning and Development Act, 2000,
(b) Articles 6 and 9 of the Planning and Development Regulations, 2001, as amended, with particular reference to Article 9(1)(a)(vii) of the said Regulations, as amended,
(c) Class 26 of Part 1 of Schedule 2 to the said Regulations,
(d) the location of part of the underground electricity cable within the Stacks to Mullaghareirk Mountains, West Limerick Hills and Mount Eagle proposed Special Protection Area, which is a place of scientific or ecological interest, the preservation of which is an objective of the current development plan for the area, as referred to at Article 9(1)(a) (vii) of the said Regulations,
(e) the objectives of the Birds Directive (2009/147/EC),
(f) the site synopsis for the Stacks to Mullaghareirk Mountains, West Limerick Hills and Mount Eagle proposed Special Protection Area, published by the National Parks and Wildlife Service, and
(g) the submissions made in connection with the referral, in particular the “Knockacummer Ecological Assessment”:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the laying of an underground electricity cable is a type of development coming generally within the exempted development provisions of Class 26 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001,
(b) the area to be excavated and backfilled in connection with the laying of the underground electricity cable comprises substantially less than 1% of the area of the proposed Special Protection Area,
(c) the underground electricity cable would be laid for the most part within existing public roads and forestry tracks and would not be laid in any area of ecological value in terms of the site synopsis for the proposed Special Protection Area,
(d) the area subject to works will be substantially returned to its pre-existing state after the works have been completed,
(e) notwithstanding that the carrying out of the proposed development would entail an element of excavation, the laying of the underground electricity cable would have no significant effect, in terms of disturbance of habitats or species, on the ecology of the proposed Special Protection Area;
(f) applying a purposive interpretation of the provisions of Article 9(1)(a) (vii) of the Planning and Development Regulations, 2001, as amended, the laying of the underground electricity cable is not affected by the restrictions on exempted development set out at the said Article 9(1)(a)(vii) of the said Regulations and comes within the exempted development provisions of the said Class 26 of Part 1 of Schedule 2 of the said Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the said laying of an underground electricity cable in a number of townlands passing through an area within the Stacks to Mullaghareiek Mountains, West Limerick Hills and Mount Eagle proposed Special Protection Area is exempted development.
Dated February 23, 2011
29N.RL.2662
DUBLIN CITY
WHEREAS a question has arisen as to whether or not the completion of demolition of the former Methodist Church at 2A Jones Road, Drumcondra, Dublin, is or is not development or is or is not exempted development:
AND WHEREAS John and Liam Healy care of Declan Brassil and Company Limited of Lincoln House, Phoenix Street, Smithfield, Dublin requested a declaration on the said question from Dublin City Council and the said Council issued a declaration on the 26th day of August, 2009 stating that the said development is development and is not exempted development:
AND WHEREAS the said John and Liam Healy referred the declaration for review to An Bord Pleanála on the 21st day of September, 2009:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to-
(a) section 3 of the Planning and Development Act, 2000,
(b) section 4 of the Planning and Development Act, 2000,
(c) article 6(i) of the Planning and Development Regulations, 2001,
(d) the exempted development provisions of Class 50, Part 1, Schedule 2, of the Planning and Development Regulations, 2001,
(e) the exempted development provisions of Class 50, Part 1, Schedule 2, of the Planning and Development Regulations, 2001, as amended by article 5 of the Planning and Development Regulations, 2008,
(f) the principles set out by the High Court, in relation to exempted development in the case of Córas Iompair Éireann and Iarnród Éireann-Irish Rail v An Bord Pleanála and Sligo County Council,
(g) the nature and scale of works carried out on the site and the cessation of such works, prior to the enactment, in July 2008, of the Planning and Development Regulations, 2008, amending Class 50, Part 1, Schedule 2 of the Regulations of 2001, and
(h) the nature and scale of the works undertaken on the site in October, 2008.
AND WHEREAS An Bord Pleanála has concluded that –
(a) demolition works constitute development,
(b) the works which had taken place on the site in May/June 2008, prior to the enactment of the Planning and Development Regulations 2008, were of minor extent, mainly involving the demolition of a modern annex to the former church, housing sanitary facilities, and not constituting commencement of demolition of the church building proper,
(c) the said works of May/June 2008 come within the exempted development provisions of Class 50, Part 1, Schedule 2 of the Planning and Development Regulations 2001,
(c) the said works of May/June 2008 had ceased prior to the enactment of the Planning and Development Regulations, 2008, amending Class 50 of Schedule 2 of the Regulations,
(d) demolition works were not ongoing at the time of the enactment of the Planning and Development Regulations 2008,
(e) further works, being works of demolition of the main structure of the former church building, were initiated in October 2008 (following cutting of the electricity supply in September of that year),
(f) the demolition works of October 2008 did not form part of a single and materially indivisible project with the works carried out in May/June 2008, and
(g) the demolition works of October 2008 do not come within the exempted development provisions of the Planning and Development Regulations, as amended in July 2008, by virtue of not complying with the conditions and limitations in respect of the maximum floor area to be demolished, as set out in paragraph 2(b) of column 2 of Class 50, Part 1, Schedule 2 of the Planning and Development Regulations, as amended.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by Section 5(3)(a) of the Planning and Development Act 2000, hereby decides that the continuation of the said demolition works is development and is not exempted development. Dated February 16, 2010
07.RL.2128
GALWAY COUNTY
WHEREAS a question has arisen as to whether development comprising the erection of a public light on an Electricity Supply Board pole by Galway County Council adjacent to a public roadway at Gort An tSléibhe, Claregalway, County Galway is or is not development or is or is not exempted development.
AND WHEREAS Thomas F. Ward of Gort An tSléibhe, Claregalway, County Galway requested a declaration on the question from Galway County Council and no declaration issued by the planning authority.
AND WHEREAS Thomas F. Ward referred the question for decision to An Bord Pleanála on the January 6, 2004.
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3, 4, 178 and 179 of the Planning and Development Act 2000 with particular reference to s.4(1)(b) and s.4(1)(e),
(b) article 9 of thePlanning and Development Regulations 2001; and
(c) Part 8 of the Planning and Development Regulations 2001.
AND WHEREAS An Bord Pleanála has concluded that—
(a) the erection of the public light comes within the scope of s.4(1)(b) of the Planning and Development Act 2000 in relation to development by the council of a county in its functional area regardless of whether or not the lighting is erected on private property;
(b) the said development does not come within the scope of ss.178 and 179 of the Planning and Development Act 2000; and
(c) the restrictions on exemption contained in Art.9 of the Planning and Development Regulations 2001 do not apply to development exempted under s.4(1) of the Planning and Development Act 2000.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by s.5(3)(b) of the 2000 Act, hereby decides that the said erection of a public light on an Electricity Supply Board pole by Galway County Council adjacent to a public roadway at Gort An tSléibhe, Claregalway, County Galway is exempted development.
Dated May 11, 2004.
19.RF.0810
COUNTY OFFALY
WHEREAS a question has arisen as to whether the installation of an equipment cabin, electricity generator, oil storage tank and antennae for mobile telephony for ESAT Digifone at Croghan Hill, Croghan, County Offaly is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Offaly County Council on the 7th day of March, 1997:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to –
(a) section 4 of the 1963 Act, and
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994 with particular reference to Class 29 of Part I of the Second Schedule to these Regulations as amended by the Local Government (Planning and Development) Regulations, 1997:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the installation of both (i) the said equipment cabin and (ii) the said electricity generator, oil storage tank and antennae is an integral part of the mobile telephony system,
(b) it has not been established that the installation of the said equipment cabin, electricity generator, oil storage tank and antennae does not come within the scope of Class 29 (e) of Part I of the Second Schedule to the 1994 Regulations, and
(c) the installation of the said equipment cabin, electricity generator, oil storage tank and antennae comes within the scope of subparagraphs (vi) and (vii) of article 10(1) (a) of the 1994 Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that the installation of the said equipment cabin, electricity generator, oil storage tank is not exempted development.
Dated this 28th day of August 1997
24.RL.2034
WATERFORD COUNTY
WHEREASa question has arisen as to whether the relocation of a 38kV electricity line, within 40 metres of its original location and the erection of two steel masts to carry this relocated line at Ballyneety, Dungarvan, County Waterford is or is not development or exempted development.
AND WHEREASWaterford County Council referred the matter to An Bord Pleanála for determination, pursuant to section 5 of the Planning and Development Act 2000 on November 13, 2002.
AND WHEREASAn Bord Pleanála, in considering this referral, had regard particularly to-
(a) sections 2, 3, and 4 of the Local Government (Planning and Development) Act 1963(as amended), and
(b) articles 6 and 9, and Classes 25 and 26 of Part 1 of the Second Schedule of the Local Government (Planning and Development Regulations) 1994.
AND WHEREASAn Bord Pleanála has concluded that-
(a) the relocation of the electricity line constituted development,
(b) it has not been established, on the basis of the evidence submitted to the Board, that there was a planning permission for the original 38kV line, prior to its relocation, which had no condition preventing its relocation by not more than 40 metres from its original location,
(c) the relocation which took place was not for the purposes of the undertaking,
(d) the relocation of the line, as carried out, contravenes condition number 8 of outline permission granted under planning register reference number PD99/297 and condition number 7 of approval granted under planning register reference number PD99/1092,
(e) the erection of two steel masts to carry this relocated line constituted development, and
(f) the erection of the two steel masts did not constitute exempted development, since there is no provision for exemption set out in the Regulations for such masts, or, in the alternative, if the masts form part of the overhead transmission line, the provision of steel masts, in place of the previously permitted timber masts on the line, did not comply with the permission for the original line and were therefore not exempted development.
NOW THEREFOREAn Bord Pleanála, in exercise of the powers conferred on it by section 5(4) of the 2000 Act, hereby decides that the said works are development and are not exempted development.
Dated August 11, 2003.
ABP-310287-21
Kerry County Council
WHEREAS a question has arisen as to whether the provision of an underground electricity cable, grid connections, and associated works from the Ballynahulla 220 kV sub-station to Gneeves 38 kV sub-station (Gneeves Wind Farm in County Cork), along the Local Tureencahill to Rathmore Road (L7057), joining the R582, and along the Regional Road to a point crossing the Awnaskirtaun River into County Cork (a tributary of the Blackwater River) in the townland of Shinnagh, at Ballynahulla 220 kV sub-station to Rathmore along the L7057 and Rathmore to the bridge crossing of the Awnaskirtaun River along the R582, County Kerry is or is not development or is or is not exempted development:
AND WHEREAS Patrick Cremins care of The Planning Partnership of The Coach House, Dundanion, Blackrock Road, Cork requested a declaration on the question from Kerry County Council and no declaration issued by the planning authority:
AND WHEREAS Patrick Cremins referred the question for decision to An Bord Pleanala on the 19th day of May, 2021:
NOW THEREFORE An Bord Pleanala has decided to DISMISS the said referral under subsection (1) (b) of section 138 of the Planning and Development Act, 2000, based on the reasons and considerations set out below. Reasons and Considerations
Having regard to the information provided by the referrer to the planning authority and to the Board, and to the Inspectors reports, and noting the response provided to the planning authority by the stated owner and operator of the Gneeves windfarm (Brookfield Renewable Ireland Limited) on a related referral case (ABP-310086-21) relating to the same question, it is considered that the nature of the referred question dealing with a part of infrastructure that appears to have been delivered, but to which no specific information or evidence has been provided, is such that the extent and purpose of the case in question has not been adequately described by the referrer and therefore the Board has not been able to adequately evaluate the question. In light of such circumstances and having regard to the nature of the referral, the Board is satisfied that the question should not be further considered by it and decided to dismiss this referral under Section 138(1)(b) of the Planning and Development Act 2000, as amended.
Dated this 5th day of October 2022
16.RL.2714
MAYO COUNTY
WHEREAS a question has arisen as to whether the construction of 20kV overhead transmission or distribution lines for conducting electricity within a European site at Mweelrea/Sheeffry/Erriff Complex, County Mayo is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Mayo County Council on the 2nd day of February, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Sections 2 and 3 of the Planning and Development Act 2000,
(b) Articles 6(1) and 9(1)(a)(vii) of the Planning and Development Regulations 2001,
(c) Class 27 of Part 1 of Schedule 2 to the said Regulations, and
(d) Policy P/EH-NH1 of the Mayo County Council Development Plan 2008-2014:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the construction of 20kV overhead power lines for conducting electricity would come generally within the scope of the exempted development provisions of Class 27 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001,
(b) the development subject of the instant referral is located within a European site — Mweelrea/Sheeffry/Erriff Complex Special Area of Conservation — which it is an objective of the Mayo County Development Plan, 2008-2014, to protect, enhance and preserve, and (c) by virtue of the provisions of Article 9(1)(a)(vii) of the said Regulations, the said development cannot avail of the exempted development provisions of the said Class 27 of Part 1 of Schedule 2 of the said Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the said construction of 20kV overhead transmission or distribution lines for the transmission or distribution of electricity within a designated European site at Mweelrea/Sheeffry/Erriff Complex, County Mayo is not exempted development.
Dated June 18, 2010
03.RL.2942
CLARE COUNTY
WHEREAS a question has arisen as to whether the proposed replacement of existing busbar equipment within an existing 110kV electricity substation at Tulla Road, Ennis, County Clare is or is not exempted development:
AND WHEREAS Eirgrid of The Oval, 160 Shelbourne Road, Ballsbridge, Dublin requested a declaration on the said question from Clare County Council and the said Council issued a declaration on the 26th day of September, 2011 stating that the said matter is not exempted development:
AND WHEREAS the said Eirgrid referred the declaration for review to An Bord Pleanála on the 21st day of October, 2011:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a)sections 2, 3, 4(1)(g) and 4(1)(h) of the Planning and Development Act, 2000, as amended,
(b)the meaning of the word “renew”, including in
(i)The Compact Oxford English Dictionary, where it is defined as “replace something broken or worn out”, and
(ii)The Cambridge Dictionaries Online, where it is defined as “to increase the life of or replace something old”, and
(c)the nature and extent of the proposed works:
AND WHEREAS An Bord Pleanála has concluded that the proposed development consists of the carrying out by a statutory undertaker of works for the purpose of renewing and altering or removing apparatus and would, therefore, come within the exempted development provisions of section 4(1)(g) of the Planning and Development Act, 2000.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said replacement of existing busbar equipment within an existing 110kV electricity substation at Tulla Road, Ennis, County Clare is exempted development.
Dated August 16, 2012
ABP-307927-20
Westmeath County Council
WHEREAS a question has arisen as to whether the provision of a circa 5.1 kilometres underground grid connection within the corridor of public roads and private lands which links a permitted solar farm at Clondardis and Slane More Townlands, Walshestown, Mullingar, County Westmeath to the existing ESB Mullingar 110kV substation at Irishtown Townland, Mullingar, County Westmeath is or is not development or is or is not exempted development:
AND WHEREAS Harmony Solar Mullingar Limited care of Fehily Timoney and Company of Core House, Pouladuff Road, Cork requested a declaration on the said question from Westmeath County Council and the said Council issued a declaration on the 14th day of July, 2020 stating that the said matter is development and is not exempted development:
AND WHEREAS Harmony Solar Mullingar Limited care of Fehily Timoney and Company referred the declaration for review to An Bord Pleanála on the 10th day of August, 2020: AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3, 4, 177U(9) and 254 of the Planning and Development Act, 2000, as amended,
(b) Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended,
(c) articles 6 and 9(1)(a) of the Planning and Development Regulations, 2001, as amended,
(d) the submissions on file, and
(e) the report of the Inspector:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the provision of the underground grid connection involves the carrying out of works and, therefore, constitutes development under sections 2 and 3 of the Planning and Development Act, 2000, as amended, and Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended,
(b) the underground electricity grid connection involves works carried out by an electricity undertaking and, having regard to the nature of those works, would come within the scope of Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended,
(c) the underground electricity grid connection involves works within the existing public road carriageway structure, including the stretch of existing public road located in the original area of Recorded Monument (WM19-087) and, as a consequence, the proposed development would not comprise the excavation, alteration or demolition of any archaeological features and, therefore, would not fall within the scope of limitation of exemption, as set out at articles 9(1)(a) (vii) and 9(1)(a)(viiA) of the Planning and Development Regulations 2001, as amended, and,
(d) there are no other restrictions on exemption set out in the Planning and Development Act, 2000 and/or the Planning and Development Regulations, 2001 that would apply in this instance.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the provision of a circa 5.1 kilometre underground grid connection from the permitted solar farm at Clondardis and Slane More Townlands, Walshestown, Mullingar, County Westmeath to the national grid via the existing ESB Mullingar 110kV substation at Irishtown Townland, Mullingar, County Westmeath is development and is exempted development.
Dated this 9thday of April 2021
ABP-307927-20
Westmeath County Council
WHEREAS a question has arisen as to whether the provision of a circa 5.1 kilometres underground grid connection within the corridor of public roads and private lands which links a permitted solar farm at Clondardis and Slane More Townlands, Walshestown, Mullingar, County Westmeath to the existing ESB Mullingar 110kV substation at Irishtown Townland, Mullingar, County Westmeath is or is not development or is or is not exempted development:
AND WHEREAS Harmony Solar Mullingar Limited care of Fehily Timoney and Company of Core House, Pouladuff Road, Cork requested a declaration on the said question from Westmeath County Council and the said Council issued a declaration on the 14th day of July, 2020 stating that the said matter is development and is not exempted development:
AND WHEREAS Harmony Solar Mullingar Limited care of Fehily Timoney and Company referred the declaration for review to An Bord Pleanála on the 10th day of August, 2020: AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3, 4, 177U(9) and 254 of the Planning and Development Act, 2000, as amended,
(b) Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended,
(c) articles 6 and 9(1)(a) of the Planning and Development Regulations, 2001, as amended,
(d) the submissions on file, and
(e) the report of the Inspector:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the provision of the underground grid connection involves the carrying out of works and, therefore, constitutes development under sections 2 and 3 of the Planning and Development Act, 2000, as amended, and Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended,
(b) the underground electricity grid connection involves works carried out by an electricity undertaking and, having regard to the nature of those works, would come within the scope of Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended,
(c) the underground electricity grid connection involves works within the existing public road carriageway structure, including the stretch of existing public road located in the original area of Recorded Monument (WM19-087) and, as a consequence, the proposed development would not comprise the excavation, alteration or demolition of any archaeological features and, therefore, would not fall within the scope of limitation of exemption, as set out at articles 9(1)(a) (vii) and 9(1)(a)(viiA) of the Planning and Development Regulations 2001, as amended, and,
(d) there are no other restrictions on exemption set out in the Planning and Development Act, 2000 and/or the Planning and Development Regulations, 2001 that would apply in this instance.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the provision of a circa 5.1 kilometre underground grid connection from the permitted solar farm at Clondardis and Slane More Townlands, Walshestown, Mullingar, County Westmeath to the national grid via the existing ESB Mullingar 110kV substation at Irishtown Townland, Mullingar, County Westmeath is development and is exempted development.
Dated this 9thday of April 2021
ABP-308511-20
Cork City Council
WHEREAS a question has arisen as to whether the proposed renewing and altering of the existing Kilbarry-Knockraha No.2 110kV overhead transmission line in the townlands of Ballincolly, Ballyvolane, Arderrow, Ballyharoon, Banduff, Poulacurry North, Poulacurry South and Ballinglanna, County Cork, is or is not development or is or is not exempted development. The subject works constitute –
- Paint/corrosion treatment of steel towers
- Replacement of wooden polesets
- Replacement of existing steel intermediate towers with wooden intermediate polesets
- Replacement of insulators and hardware
- Civil works on Tower Shear Blocks
- Ancillary works
AND WHEREAS Eirgrid PLC of The Oval, 160 Shelbourne Road, Ballsbridge, Dublin care of MKO, Tuam, Galway requested a declaration on the said question from Cork City Council on the 6th day of October, 2020;
AND WHEREAS the said question was referred to An Bord Pleanala by Cork City Council on the 22nd day of October, 2020:
AND WHEREAS An Bord Pleanala, in considering this referral, had regard particularly to –
(a) sections 2(1), 3(1), 4(1)(g), 4(1)(h) and 4(4) of the Planning and Development Act 2000, as amended,
(b) the submissions made by the parties to the referral,
(c) the nature, extent and scope of the works, and
(d) the report of the planning inspector:
AND WHEREAS An Bord Pleanala has concluded that-
(a) EirGrid PLC is a ‘statutory undertaker’ within the meaning of the Planning and Development Act, 2000, as amended,
(b) the change in structure types, comprising the replacement of steel towers with wooden polesets, in addition to replacement of wooden polesets, paint/corrosion treatment of steel tower, replacement of insulators and hardware and civil works on town shear blocks constitute works as defined and is, therefore, ‘development’ within the meaning of section 3 of the Act,
(c) the proposed works form part of the renewing and altering of the Kilbarry Knockraha No. 2 110kV transmission line and are being undertaken as part of the statutory undertaker’s routine function associated with transmission infrastructure,
(d) the proposed wooden polesets are considered to be of less visual significance than the two number steel towers being replaced and do not give rise to any material adverse planning considerations,
(e) the proposed replacement of wooden polesets which may result in an increase in height of up to two metres at certain points would not be of visual significance and do not give rise to any material adverse planning considerations, and
(f) the proposed works come within the scope of section 4(1)(g) of the said Act which facilitates, inter alia, the altering and renewing of apparatus by a statutory undertaker:
NOW THEREFORE An Bord Pleanala, in exercise of the powers conferred on it by section 5(4) of the 2000 Act, as amended, hereby decides that the said proposed renewing and altering of the existing Kilbarry-Knockraha No.2 11OkV overhead transmission line is development and is exempted development.
ABP-308511-20
Cork City Council
WHEREAS a question has arisen as to whether the proposed renewing and altering of the existing Kilbarry-Knockraha No.2 110kV overhead transmission line in the townlands of Ballincolly, Ballyvolane, Arderrow, Ballyharoon, Banduff, Poulacurry North, Poulacurry South and Ballinglanna, County Cork, is or is not development or is or is not exempted development. The subject works constitute –
- Paint/corrosion treatment of steel towers
- Replacement of wooden polesets
- Replacement of existing steel intermediate towers with wooden intermediate polesets
- Replacement of insulators and hardware
- Civil works on Tower Shear Blocks
- Ancillary works
AND WHEREAS Eirgrid PLC of The Oval, 160 Shelbourne Road, Ballsbridge, Dublin care of MKO, Tuam, Galway requested a declaration on the said question from Cork City Council on the 6th day of October, 2020;
AND WHEREAS the said question was referred to An Bord Pleanala by Cork City Council on the 22nd day of October, 2020:
AND WHEREAS An Bord Pleanala, in considering this referral, had regard particularly to –
(a) sections 2(1), 3(1), 4(1)(g), 4(1)(h) and 4(4) of the Planning and Development Act 2000, as amended,
(b) the submissions made by the parties to the referral,
(c) the nature, extent and scope of the works, and
(d) the report of the planning inspector:
AND WHEREAS An Bord Pleanala has concluded that-
(a) EirGrid PLC is a ‘statutory undertaker’ within the meaning of the Planning and Development Act, 2000, as amended,
(b) the change in structure types, comprising the replacement of steel towers with wooden polesets, in addition to replacement of wooden polesets, paint/corrosion treatment of steel tower, replacement of insulators and hardware and civil works on town shear blocks constitute works as defined and is, therefore, ‘development’ within the meaning of section 3 of the Act,
(c) the proposed works form part of the renewing and altering of the Kilbarry Knockraha No. 2 110kV transmission line and are being undertaken as part of the statutory undertaker’s routine function associated with transmission infrastructure,
(d) the proposed wooden polesets are considered to be of less visual significance than the two number steel towers being replaced and do not give rise to any material adverse planning considerations,
(e) the proposed replacement of wooden polesets which may result in an increase in height of up to two metres at certain points would not be of visual significance and do not give rise to any material adverse planning considerations, and
(f) the proposed works come within the scope of section 4(1)(g) of the said Act which facilitates, inter alia, the altering and renewing of apparatus by a statutory undertaker:
NOW THEREFORE An Bord Pleanala, in exercise of the powers conferred on it by section 5(4) of the 2000 Act, as amended, hereby decides that the said proposed renewing and altering of the existing Kilbarry-Knockraha No.2 11OkV overhead transmission line is development and is exempted development.
03.RL.3234
Clare County
WHEREAS a question has arisen as to whether the proposed development of a 10kV overhead electricity line between the consented Carrownaweelaun Wind Farm (An Bord Pleanála appeal reference number PL03.131382, planning register reference numbers P00/2417 and P09/911) and the existing substation at Dough, Kilkee, County Clare is or is not development or is or is not exempted development:
AND WHEREAS Carrownaweelaun Energy Limited care of Jennings O’Donovan Consulting Engineers of Finisklin Business Park, Sligo requested a declaration on the said question from Clare County Council and the said Council issued a declaration on the 19th day of June, 2014 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Carrownaweelaun Energy Limited referred the declaration for review to An Bord Pleanála on the 16th day of July, 2014:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2 and 3 of the Planning and Development Act 2000, as amended,
(b) Articles 5 to 11 of the Planning and Development Regulations, 2001 as amended, with particular reference to Articles 6(1) and 9(1)(a)(vi) and 9 (viiB),
(c) Part 1 of Schedule 2 Exempted Development–General: Development by statutory undertakers of the Regulations, with particular reference to Class 27, as amended,
(d) the planning history of the site (An Bord Pleanála appeal reference number PL03.131382), and
(e) the submissions of the parties to the referral:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the erection of an overhead line and associated support structures constitutes ‘development’ for the purposes of the Planning and Development Act, 2000,
(b) the proposed overhead line and associated support structures would not be likely have a significant effect on the integrity of a European Site, namely the River Shannon and River Fergus Estuaries Special Protection Area (Site Code 004077) and/or Illaunonearaun Special Protection Area (Site Code 004114), and
(c) the proposed development would not interfere with the character of a landscape, or a view or prospect of special amenity value or special interest, the preservation of which is an objective of a development plan for the area in which the development is proposed:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the said proposed development of a 10kV overhead electricity line between the consented Carrownaweelaun Wind Farm (An Bord Pleanála appeal reference number PL03.131382, planning register reference numbers P00/2417 and P09/911) and the existing substation at Dough, Kilkee, County Clare is development and is exempted development.
The Board concurred with the Planning Inspector’s conclusion that the proposed development would not be likely to have a significant effect on the integrity of the European Sites in particular the River Shannon and River Fergus Estuaries Special Protection Area (Site Code 004077) and Illaunonearaun Special Protection Area (Site Code 004114).
The Board carried out a screening exercise in relation to Appropriate Assessment, taking into account the screening report submitted with the referral documentation and the Inspector’s report and submissions on file, in relation to potential impacts of the site having regard to the characteristics of the River Shannon and River Fergus Estuaries Special Protection Area (Site Code 004077) and Illaunonearaun Special Protection Area (Site Code 004114) and concluded that the proposed development would not be likely to have a significant effect either individually or in combination with other plans or projects having regard to the conservation objectives of these sites.
Dated this 22 January 2015.
27.RL.3596
Wicklow County Council
WHEREAS a question has arisen as to whether a 38kV underground electrical connection, and associated works, between a substation to be located within the permitted Ballycumber Wind Farm site and the existing Electricity Supply Board substation at Kilmagig, Avoca, County Wicklow is or is not development or is or is not exempted development:
AND WHEREAS Gerard Dunne care of Fred Roache of Killaduff, Aughrim, County Wicklow requested a declaration on the question from Wicklow County Council and no declaration issued by the planning authority:
AND WHEREAS Gerard Dunne referred the question for decision to An Bord Pleanála on the 22nd day of June, 2017:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
- sections 2, 3, 4, 172(1) and 177U(9) of the Planning and Development Act, 2000, as amended,
- Articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
- Class 26 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended,
- the planning history of the site and of the windfarm in question,
- the documentation and submissions on file, including the “Ballycumber Wind Farm to Kilmagig 38kV substation, Avoca, Co. Wicklow Grid Connection Environmental Impact Assessment Screening Report” and the “Ballycumber Wind Farm to Kilmagig 38kV substation, Avoca, Co. Wicklow Environmental Report”, by Jennings O’Donovan and Partners Ltd, both dated July, 2016, submitted to An Bord Pleanála on the 26thday of July, 2017,
- the Inspector’s report, including his Environmental Impact Assessment screening assessment, and
- relevant case law, including in particular O’Grianna (and Others) v An Bord Pleanála (and others) [2014] IEHC 632, and Patrick Daly v Kilronan Wind Farm Limited and, by order, Derrysallagh Wind Farm Limited [2017] IEHC 308.
AND WHEREAS An Bord Pleanála has concluded that –
- the provision of the underground electricity connection and associated works involves the carrying out of works and, therefore, constitutes development, under sections 2 and 3 of the Planning and Development Act, 2000, as amended,
- the underground electricity grid connection involves works carried out by an electricity undertaking, and, having regard to the nature of those works, would come within the scope of Class 26 of Part 1 of the Second Schedule 2 to the Planning and Development Regulations, 2001, as amended,
- it is considered that the underground electricity connection and associated works, while forming part of the windfarm project of the Ballycumber Wind Farm, would not be likely to have significant impacts on the environment over and above those already considered and assessed as part of the Environmental Impact Assessment for that windfarm, and in combination with the windfarm, and that, therefore, an Environmental Impact Assessment for the connection and associated works would not be required. Accordingly, the provisions of Section 4 (4) of the Planning and Development Act, 2000, as amended, do not apply in this instance, and the development is exempted development, and
- there are no other restrictions on exemption, set out in the Act and Regulations, that would apply in this instance.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (b) of the 2000 Act, hereby decides that a 38kV underground electrical connection, and associated works, between a substation to be located within the permitted Ballycumber Wind Farm site and the existing Electricity Supply Board substation at Kilmagig, Avoca, County Wicklow is development and is exempted development.
In deciding not to accept the recommendation of the Inspector that the development would not constitute exempted development, the Board had full regard to the judgement of the High Court in the case of Patrick Daly v Kilronan Wind Farm Limited and, by order, Derrysallagh Wind Farm Limited [2017] IEHC 308, and accepts that the proposed grid connection is a part of the overall project that includes the Ballycumber windfarm. However, the Board also notes paragraphs 61 and 62 of the judgement, wherein it was stated that “the carrying out of an Environmental Impact Assessment is a function of the planning authority and one which has not yet been engaged” and “the matter of whether an Environmental Impact Assessment is required is a matter for the Board”. In this context, the Board noted the detailed Screening for Environmental Impact Assessment carried out by the Inspector, on pages 22 to 29 of his report, and concurred with his conclusions that the proposed grid connection would not be likely to have any significant environmental impacts or significant cumulative impacts with the wind farm development (for which Environmental Impact Assessment had already been carried out by the Board previously under planning permission register reference number 13/8043 – An Bord Pleanála reference number PL 27.241827). Accordingly, the Board considers that, in this particular instance, and in the light of the Inspector’s screening assessment, which the Board adopts, the proposed grid connection and associated works would not be likely to have significant impacts on the environment over and above those already considered and assessed as part of the Environmental Impact Assessment for the windfarm, and that, therefore, the circumstances in this case are different to those to which the High Court case relates. Therefore, it is the considered view of the Board that the provisions of Section 4 (4) of the Planning and Development Act, 2000, as amended, do not apply in this instance, and accordingly that the grid connection and associated works are exempted development.
Dated this 18th day of December 2018 amended) and Class 16 of Part 1 of Schedule 2 of the Planning and Development Regulations 2001 (as amended).
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the groundworks undertaken including the importation and deposition of fill material to create a hardstanding area and the raising of ground levels at Tulla Road environs, Ennis, County Clare is development and is exempted development/ permitted development.
Dated this 15th day of January 2019
27.RL.3316
Wicklow County
WHEREAS a question has arisen as to whether the extension of the existing medium voltage busbar and the construction of a cable chair within the existing Kilmagig 38kV electricity substation at Kilmagig Upper, Avoca, County Wicklow is or is not exempted development:
AND WHEREAS ESB International of Stephen Court, 18-21 Saint Stephen’s Green, Dublin requested a declaration on the said question from Wicklow County Council and the said Council issued a declaration on the 8thday of October, 2014 stating that the said matter is development and is not exempted development:
AND WHEREAS the said ESB International referred the declaration for review to An Bord Pleanála on the 4th day of November, 2014:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to
(a) sections 2, 3 and 4(1)(g) and 4(1)(h) of the Planning and Development Act, 2000, as amended, and
(b) the limited nature and extent of the proposed works.
AND WHEREAS An Bord Pleanála has concluded that the proposed development consists of the carrying out by a statutory undertaker of works for the purpose of renewing and altering or removing apparatus and would, therefore, come within the exempted development provisions of section 4(1)(g) of the Planning and Development Act, 2000:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the said extension of the existing medium voltage busbar and construction of a cable chair within the existing 38kV electricity substation at Kilmagig Upper, Avoca, County Wicklow, is exempted development. Dated this 23 April 2015.
10.RL.2905
KILKENNY COUNTY
WHEREAS a question has arisen as to whether the installation of a GEOL 3 VAWT wind turbine at Newfarm, The Rower, County Kilkenny is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Kilkenny County Council of County Hall, John Street, Kilkenny on the 15th day of July, 2011:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a)section 4 of the Planning and Development Act, 2000,
(b)the Planning and Development Regulations, 2001-2011,
(c)articles 6 and 9 of the said Regulations,
(d)Class 18(b) of Part 3 of Schedule 2 to the said Planning and Development Regulations, 2008, in particular,
(e)the provisions of the current Kilkenny County Development Plan,
(f)the topography of the area and location within an Area of High Amenity as designated in the Development Plan,
(g)the nature and scale of the wind turbine,
(h)the voltage of the electricity transmission line on site, and
(i)the submissions made on the file:
AND WHEREAS An Bord Pleanála has concluded that—(a) the erection of a wind turbine would come within the scope of the exempted development provisions of Class 18 of Part 3 of Schedule 2 to the Planning and Development Regulations, 2008, complying with the conditions and limitations of same, and (b) the said wind turbine would not interfere with the special character of the landscape the preservation of which is an objective of the planning authority as set out in the current Development Plan for the area:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the installation of GEOL 3 VAWT wind turbine at Newfarm, The Rower, County Kilkenny is exempted development.
Dated December 23, 2011
06.DRL.2601
DUN LAOGHAIRE RATHDOWN COUNTY
WHEREAS a question has arisen as to whether the installation of an Electricity Supply Board substation along the Clonkeen Road, the construction of vents to service the underground car park along the north-eastern site boundary, the installation of railings/barriers above the vents, the construction of a vent along the south-western site boundary, the construction of a fire escape from the underground car park along the north-eastern site boundary and the re-orientation of a permitted emergency stairwell along the south-western site boundary, is or is not exempted development.
AND WHEREAS Lidl Ireland GmbH care of Tom Phillips and Associates of Marlinstown Office Park, Mullingar, County Westmeath, requested a declaration on the said question from Dun Laoghaire Rathdown County Council and the said Council issued a declaration on the 19th day of November, 2008 stating that the construction of the vents (located along the south west boundary of the site) servicing the underground basement car park and the reorientation of the permitted emergency stairwell (located along the southwest boundary of the site) was exempted development and the installation of the Electricity Supply Board along the Clonkeen Road, the extent of the venting (approximately 50 square metres) at the north east/Clonkeen Road boundary of the site, the installation of railings/barriers surrounding the above vents and the construction of the fire escape (located along the northeast/Clonkeen Road boundary of the site) were not exempted development:
AND WHEREAS Lidl Ireland GmbH referred the declaration for review to An Bord Pleanála on the 22nd day of January, 2009:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) section 3 (1) of the Planning and Development Act, 2000.
(b) section 4 (1) (h) of the Planning and Development Act, 2000.
(c) articles 6(1) and 9(1), of the Planning and Development Regulations, 2001, with particular reference to Class 29 of Part 1 of Schedule 2 of the said Regulations.
(d) the planning history of the site.
(e) and the use of the site as a supermarket.
AND WHEREAS An Bord Pleanála has concluded the following: –
(i) the ESB substation comes within the scope of Class 29 of Part 1 of Schedule 2 of the said regulations, and is not delimited by way of an existing planning condition, the venting to service the underground car park located along the north-eastern site boundary and along the south-western site boundary, the installation of railings/barriers above the same venting, the construction of a fire escape along the north-eastern site boundary and the re-orientation of the permitted emergency stairwell located along the south-western boundary comes within the scope of section 4(1)h) of the Planning and Development Acts, 2000 as these items do not materially affect the external appearance of the supermarket nor render its appearance inconsistent with the character of the structure.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the ESB substation, the venting to service the underground car park located along the north-eastern site boundary and along the south-western site boundary, the installation of railings/barriers above the same venting and the re-orientation of the permitted emergency stairwell located along the south-western boundary are exempt development.
AND WHEREAS the construction of a fire escape along the north-eastern site boundary, which is surrounded by circa two metre high mesh fencing, does not come within the scope of section 4 (1)(h) of the Planning and Development Acts, 2000, as it materially affects the external appearance of the supermarket.
NOW THEREFORE the construction of a fire escape is not exempted development.
MATTERS CONSIDERED
In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
Dated July 17, 2009.
ABP-308071-20
Limerick City and County Council
WHEREAS a question has arisen as to whether the laying of underground cables in an area designated as a Special Protection Area, from Mauricetown Windfarm, Mauricetown, Ashford, Ballagh, County Limerick to the substation at Dromdeeveen for grid connection is or is not development or is or is not exempted development:
AND WHEREAS Liam Lenihan of Glenduff, Ashford, Ballagh, County Limerick requested a declaration on the said question from Limerick City and County Council and the said Council issued a declaration on the 14th day of August, 2020 stating that the said matter is development and is permitted development under planning register reference number 12/379, An Bord Pleanála reference number PL 13.240910:
AND WHEREAS Liam Lenihan referred the declaration for review to An Bord Pleanála on the 31st day of August 2020:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to —
(a) section 2(1) of the Planning and Development Act, 2000, as amended,
(b) section 3(1) of the Planning and Development Act, 2000,
(c) section 4(1)(h)(i) of the Planning and Development Act, 2000, as amended,
(d) section 4(2) of the Planning and Development Act, 2000,
(e) section 4(4) of the Planning and Development Act, 2000, as amended,
(f) section 5(3)(a) of the Planning and Development Act, 2000, as amended,
(g) section 138(1)(b)(ii) of the Planning and Development Act, 2000,
(h) article 6(1) and article 9(1) of the Planning and Development Regulations, 2001, as amended,
(i) Class 26 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, as amended,
(j) Parts 1 and 3 of Schedule 2 to the Planning and Development Regulations, 2001, as amended,
(k) the planning history of the site, and
(l) the report of the Inspector:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the provision of the underground electricity connection and associated works involves the carrying out of works and, therefore, constitutes development under sections 2 and 3 of the Planning and Development Act, 2000, as amended, and
(b) the works specifically come within the scope of Class 26 of Part 1 of the Second Schedule of the Planning and Development Regulations, 2001, as amended, and, therefore, constitute exempted development:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3)(a) of the 2000 Act, hereby decides that the laying of underground cables in an area designated as a Special Protection Area, from Mauricetown Windfarm, Mauricetown, Ashford, Ballagh, County Limerick to the substation at Dromdeeveen for grid connection is development and is exempted development Dated this 31stday of March 2021
AND WHEREAS Aidan Leonard of Corduff, Lusk, County Dublin on behalf of FUEL (Fingal for Underground Electricity Lines) requested a declaration on the said question from Fingal County Council and the said Council issued a declaration on November 25, 2004 stating that the said works were exempted development:
AND WHEREAS the said Aidan Leonard on behalf of FUEL referred the declaration for review to An Bord Pleanála on December 15, 2004:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) Article 9 of the Planning and Development Regulations, 2001, and
(c) Class 31 of Part 1 of Schedule 2 to the said Regulations:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the addition of the fibre optic cable constitutes the carrying out of works and the making of a material change of use to the structure, and
(b) the addition of the fibre optic cable constitutes works which affect only the interior of the structure within the meaning of section 4(1)(h) of the Planning and Development Act, 2000, and do not materially affect the exterior of the structure:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said addition of a fibre optic cable to a stretch of new 110 kV double circuit overhead line from Balheary Demesne townland, near Swords to Stephenstown, Balbriggan, County Dublin is exempted development.
Dated December 7, 2005
88.RL.2739
CORK COUNTY
WHEREAS a question has arisen as to whether the proposed construction of an offshore wind turbine, causeway and underground/underwater cable link to the mainland at Gortalassa, Bantry, County Cork is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Cork County Council of Norton House, Cork Road, Skibbereen, County Cork on the 8th day of April, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to:
(a) sections 2(1), 3(1), 4, 224 and 225 of the Planning and Development Act 2000, as amended,
(b) the exempted development provisions of the Planning and Development Act 2000, as amended, and of the Planning and Development Regulations, 2001, as amended,
(c) the location and layout of the proposed off-shore wind turbine, causeway and underground/underwater cable link to the mainland,
(d) the meaning of the word “adjoins” as applied by sections 224 and 225 of the Planning and Development Act, 2000, and
(e) case law of the higher courts, wherein the meaning of the word “adjoin” and of analogous terms has been determined, including:
(i) Lightbound v Higher Bebington Local Board (1885) 16 QBD 577, wherein it was stated, for the purposes of the Public Health Act, 1875 (England and Wales), that the scope and object of the relevant section of the Act must be considered when construing the meaning of words. In that instance, the Court held that actual contiguity is not necessary in relation to construing the word “adjoin”,
(ii) Hayes v King, 3 Ch 439,
(iii) Cave v Horsell (1912) 3 KB 533, and
(iv) Hannigan Holdings Limited (2000 SC), a case concerned with Irish licensing law, wherein it has been held that, in relation to the words “attached to or adjoining”, these words should be interpreted separately and that “attached” requires physical connection but “adjoin” does not.
AND WHEREAS An Bord Pleanála has concluded that:
(a) the construction of an off-shore wind turbine and causeway constitutes works, within the meaning of section 2(1) of the Planning and Development Act, 2000, as amended, and is, therefore, development within the meaning of section 3(1) of the Act,
(b) the layout and design of the development, which includes a small “step” between the high water mark and the proposed access ramp, is a contrived arrangement, at variance with the scope and object of section 224 of the Act, which is to ensure that development situated astride the high water mark or beside the high water mark can be assessed in a holistic way from the viewpoint of the proper planning and sustainable development of the area,
(c) the site of the development is on the foreshore and, having regard to a purposive interpretation of the word “adjoin”, including as informed by case law, it adjoins the functional area of the planning authority for the purposes of sections 224 and 225 of the Planning and Development Act, 2000, and is deemed to be within the functional area of the planning authority, by virtue of the provisions of section 225 of the Act,
(d) the wind turbine and causeway development does not come within the scope of the exempted development provisions of the Planning and Development Act, 2000, as amended, including the exempted development provisions of the Planning and Development Regulations, 2001, as amended, and
(e) furthermore, the proposed underground/underwater cable link to the mainland for the purpose of transmitting electricity is development and comes within the scope of the exempted development provisions of section 225(3)(b) of the Planning and Development Act, 2000.
NOW THEREFORE an Bord Pleanala in exercise of its powers conferred on it by section 5(4) of the Planning and Development Act, 2000, hereby decides that the construction of an off-shore wind turbine and causeway is development and is not exempted development and that the construction of an underground/underwater cable link to the mainland for the purpose of transmitting electricity is exempted development at Gortalassa, Bantry, Co. Cork. Dated February 2, 2011
ABP-306431-20
Cork County Council
WHEREAS a question has arisen as to whether the construction of 220kV Shunt Reactors with associated internal compound and associated equipment within the existing Ballyvouskill 220/110kV Electricity Substation at Caherdowney, County Cork, is or is not development or is or is not exempted development:
AND WHEREAS Eirgrid Public Limited Company of The Oval, 160 Shelbourne Road, Ballsbridge, Dublin requested a declaration on this question from Cork County Council and the Council issued a declaration on the 19th day of December, 2019 stating that the said matter is development and is not exempted development:
AND WHEREAS Eirgrid Public Limited Company referred the declaration for review to An Bord Pleanála on the 16th day of January, 2020:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to —
(a) section 2(1) of the Planning and Development Act 2000, as amended,
(b) section 3(1) of the Planning and Development Act 2000,
(c) section 4(1)(g) and section 4(1)(h) of the Planning and Development Act 2000, as amended,
(d) the planning history of the site, and
(e) the nature and extent of the proposed works.
AND WHEREAS An Bord Pleanála has concluded that –
(a) the proposed development consists of the carrying out by a statutory undertaker of works for the purpose of altering apparatus within this existing substation (containing buildings and apparatus) and would, therefore, come within the exempted development provisions of section 4(1)(g) of the Planning and Development Act 2000, as amended.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the construction of 200kV Shunt Reactors with associated internal compound and associated equipment within the existing Ballyvouskill 220/110kV Electricity Substation at Caherdowney, County Cork, is development and is exempted development.
Dated this 7th day of May 2020
S.5 Declarations Telecommunications
06F.RL.2237
FINGALCOUNTY
WHEREAS a question has arisen as to whether the installation of telecommunications infrastructure at Baldoyle United Football Club, Brookstone Road, Baldoyle, Dublin is or is not development or is or is not exempted development:
AND WHEREAS Baldoyle Against Radiation of 140 Stapolin Lawns, Baldoyle, Dublin requested a declaration on the said question from Fingal County Council and the said Council issued a declaration on March 3, 2005 stating that the said development was not exempted development:
AND WHEREAS Hutchison 3G Ireland Limited care of Keith Simpson and Associates of 145 Lakeview Drive, Airside Business Park, Swords, County Dublin referred the declaration for review to An Bord Pleanála on March 30, 2005:
AND WHEREAS An Bord Pleanála in considering this referral had regard particularly to—
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) article 6 of the Planning and Development Regulations, 2001, and
(c) Class 31 (k) of Part 1 of Schedule 2 of the said Regulations:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the installation of telecommunications infrastructure constitutes development with the meaning of the Planning and Development Act, 2000 and
(b) the clubhouse is a private facility and therefore cannot be considered to be a commercial or public building and therefore does not come within the scope of Class 31(k) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001:
NOWTHEREFORE An Bord Pleanála in exercise of the powers conferred on it by Section 5(3)(a) of the 2000 Act, hereby decides that the installation of telecommunications infrastructure at Baldoyle United Football Club, Brookstone Road, Baldoyle, Dublin is development and is not exempted development.
Dated August 3, 2005
13.RF.0993
COUNTY LIMERICK
WHEREAS a question has arisen as to whether the positioning of a 15 metre mast at Knockroe, Caherconlish, Limerick is or is not development or exempted development.
AND WHEREAS the said question was referred to An Bord Pleanála by Limerick County Council of County Buildings, 79/84 O‘Connell Street, Limerick on February 9, 2001.
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to –
(a) Sections 2, 3 and 4 of the Local Government Planning and Development Act 1963, and
(b) Articles 8, 9 and 10 of the Local Government (Planning and Development) Regulations 1994, with particular reference to class 29 of Part I of the Second Schedule to these Regulations.
AND WHEREAS An Bord Pleanála has concluded that the positioning of a 15 metre telecommunications structure constitutes a material change of use of land and does not constitute the provision of a transportable radio link for the purposes of class 29 of Part I of the Second Schedule to the 1994 Regulations, being part of a public mobile telephony infrastructure which is essentially permanent in nature.
NOW THEREFORE An Bord Pleanála. in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that the positioning of the said mast at Knockroe, Caherconlish, County Limerick is development and is not exempted development.
Dated December 5, 2001.
ABP-302441-18
Dun Laoghaire-Rathdown County Council
WHEREAS a question has arisen as to whether the works consisting of the erection of a telecommunications mast on Monkstown Road, at the junction of Alma Road and Montpelier Parade, Dublin is or is not development or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Dun Laoghaire-Rathdown County Council on the 29th day of August, 2018:
AND WHEREAS An Bord Pleanála, in the light of the documentation on the file, has reformulated the question as follows:
Whether the attachment of telecommunications antennae to a lamppost supporting structure and erection of ancillary equipment on Monkstown Road, at the junction of Alma Road and Montpelier Parade, Dublin is or is not development or is not exempted development:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3(1) and 4 of the Planning and Development Act, 2000, as amended,
(b) Articles 6 and 9 of the Planning and Development Regulations 2001, as amended,
(c) Classes 31(f) and 31(k) of Part 1 of Schedule 2 to the said Regulations, as amended:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the works are such that the fixing of antennae to a lamppost supporting structure, together with the installation of the ancillary equipment constitute development within the meaning of section 3 of the Planning and Development Act,
(b) the provision of the ancillary cabinet equipment by a statutory undertaker authorised to provide a telecommunications service would come within the scope of Class 31(f) of the Planning and Development Regulations 2001,
(c) the attachment of the antennas directly to the lamppost supporting structure by a statutory undertaker authorised to provide a telecommunications service would generally come within the scope of Class 31(k) (ii) of the said Regulations, as amended, and
(d) on the basis of the evidence submitted, the development would comply with the conditions and limitations attached to the said Classes:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(4) of the 2000 Act, hereby decides that the attachment of telecommunications antennae to a lamppost supporting structure and erection of ancillary equipment on Monkstown Road, at the junction of Alma Road and Montpelier Parade, Dublin is development and is exempted development. Dated this 23rd day of May 2019
04.RL.2979
CORK COUNTY
WHEREAS a question has arisen as to whether the erection of antennae, link dishes and ancillary equipment at the Old Grain Store at Ramshill, Ballinacorra, Midleton, County Cork is or is not development or is or is not exempted development:
AND WHEREAS Bridie Coffey of 44 Rosehill, Ballinacurra, Midleton, County Cork requested a declaration on the said question from Cork County Council and the said Council issued a declaration on the 6th day of February, 2012 stating that the said matter is exempted development:
AND WHEREAS the said Bridie Coffey referred the declaration for review to An Bord Pleanála on the 16th day of February, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended,
(b) Articles 5, 6 and 9 of the Planning and Development Regulations, 2001, as amended, and
(c) Classes 31(e), (f) and (k) of Part 1 of Schedule 2 to the said Regulations:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the attachment of the antennae (both panel and dish antennae) and the provision of the ancillary equipment constitutes ‘works’ as described in section 2(1) of the Planning and Development Act, 2000,
(b) the said works constitute development as defined at section 3(1) of the said Act,
(c) the provision of the ancillary equipment by a statutory undertaker authorised to provide a telecommunications service comes within the scope of Class 31(e) and (f) of the Planning and Development Regulations, 2001,
(d) the said works come within the scope of the exemption provided at Class 21(k) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, as the structure to which the antennae are affixed falls within the list of structures set out at Class 31(k)(i) to (iii) inclusive of the said Regulations, and
(e) the development comes within the conditions and limitations of the said classes:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) of the 2000 Act, hereby decides that the erection of antennae, link dishes and ancillary equipment at the Old Grain Store at Ramshill, Ballinacorra, Midleton, County Cork is development and is exempted development.
Dated February 22, 2013
20.RL.2807
ROSCOMMON COUNTY
WHEREAS a question has arisen as to whether the erection of communications antennae on a water tower belonging to Roscommon County Council at Knockroe, Castlerea, County Roscommon is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Roscommon County Council on the 2nd day of November, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2(1), 3(1) and 4 of the Planning and Development Act, 2000,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001,
(c) Class 31(k) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2000,
(d) the planning history of the site, and
(e) photographic evidence.
AND WHEREAS An Bord Pleanála has concluded that –
(a) the works constitute development, being works which come within the scope of section 3(1) of the Planning and Development Act, 2000,
(b) the unauthorised status of the equipment erected by ESAT Digifone pursuant to planning authority register reference number 97/305, does not affect the exempted development rights of other telecommunications providers on the Castlerea Water Tower,
(c) while generally coming with the exempted provisions of the said Regulations, the colour of the three number antennae and one number radio link dish erected by Meteor Ireland Limited do not match or blend in with the colour of the water tower. Therefore, the telecommunications equipment does not comply with the conditions and limitations of Class 31(k) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001, and so cannot avail of the exemption, and
(d) there is no evidence that Hutchison 3G notified the planning authority, in whose functional area the structure on which the antennae will be attached is situated, or of their intention to attach antennae to the Castlerea water tower. Furthermore, it has not been demonstrated that the colour of the telecommunications equipment matches or blends with the colour of the water tower. Therefore, the development does not comply with the conditions and limitations specified in Column 2 attached to Class 31(k) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the said erection of communications antennae on a water tower belonging to Roscommon County Council at Knockroe, Castlerea, County Roscommon is development and is not exempted development.
Dated March 16, 2011
39.RL.2626
BRAY TOWN
WHEREAS a question has arisen as to whether the replacement of antennas support structure (telecommunications mast), and associated equipment cabins at Bray Garda Station, on the Sidmonton Road boundary, Bray, County Wicklow is or is not development or is or is not exempted development:
AND WHEREAS Shared Access Limited care of Declan Brassil and Company Limited of Lincoln House, Phoenix Street, Smithfield, Dublin requested a declaration on the said question from Bray Town Council and the said Council issued a declaration on the 9th day of March, 2009 stating that the said development was development and was not exempted development:
AND WHEREAS the said Shared Access referred the declaration for review to An Bord Pleanála on the 27th day of March, 2009:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3, 4 and 181 of the Planning and Development Act, 2000, (hereinafter referred to as The Act),
(b) articles 6(1), 9(1), 86(1) and 87(1) of the Planning and Development Regulations, 2001, (hereinafter referred to as The Regulations),
(c) class 31 of Part 1 of Schedule 2 to The Regulations, and
(d) article 9 of the Local Government (Planning and Development) Regulations, 1994, as amended by the Local Government (Planning and Development) Regulations 1997, with particular reference to class 29(i) of Part 1 of the Second Schedule to the said Regulations, as amended:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the erection of antennas support structure (telecommunications mast) and associated equipment cabins is development,
(b) the erection of the replacement antennas support structure does not come within the scope of section 181 of The Act, as it does not satisfy the requirements of article 86(1)(d) of The Regulations, and is not a development by or on behalf of a State Authority,
(c) the installation of permanent telecommunications exchange and radio station containers and cabinets carried out by individual statutory undertakers comes within the scope of classes 31(e) and 31(f) of Part 1 of Schedule 2 to The Regulations, and
(d) the erection of replacement antennas support structure does not come within the scope of class 31 (j) of Part 1 of Schedule 2 to the Regulations, as it has not been demonstrated that the replacement structure is located as near as possible to the replaced structure having regard to construction activity and safety requirements:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said replacement of an antennas support structure (telecommunications mast), and associated equipment cabins at Bray Garda Station, on the Sidmonton Road boundary, Bray, County Wicklow is development and is not exempted development.
MATTERS CONSIDERED In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
Dated October 6, 2009.
ABP-310362-21
Kerry County Council Planning Register
WHEREAS a question has arisen as to whether the erection of a telecommunications mast, associated telecommunications infrastructure and an access route on an elevated site (94m ASL), just west of the village of Camp, Tralee, County Kerry, with access off the N86, is or is not development or is or is not exempted development:
AND WHEREAS Joseph and Aine O’Dwyer care of HRA Planning of 3 Hartstonge Street, Limerick requested a declaration on this question from Kerry County Council and the Council issued a declaration on the 14th day of May, 2021 stating that the matter was development and was exempted development:
AND WHEREAS Joseph and Aine O’Dwyer referred the declaration for review to An Bord Pleanala on the 27th day of May, 2021:
AND WHEREAS following receipt of the Occupier’s response to its Section 132 Notice, An Bord Pleanala has rephrased the question to “whether the erection of a telecommunications mast, associated telecommunications infrastructure, the provision along part of the access route of a temporary access track until the development has been completed, and the reinstatement of the land thereafter, on an elevated site (94m ASL), just west of the village of Camp, Tralee, County Kerry, with access off the N86, is or is not development or is or is not exempted development:
AND WHEREAS An Bord Pleanala, in considering this referral, had regard particularly to –
(a) Sections 2(1), 3(1) and 4(1) of the Planning and Development Act, 2000, as amended,
(b) Articles 6(1) and 9(1) of the Planning and Development Regulations, 2001, as amended, and
(c) Part 1 of Schedule 2 to those Regulations, 2001, as amended:
AND WHEREAS An Bord Pleanala has concluded that –
(a) the telecommunications elements of the project are exempted development under Class 31 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, as amended,
(b) the site is not zoned “Rural Prime Special Amenity”, and so the telecommunications elements of the project are not de-exempted under Article 9(1)(a)(vi) of those Regulations, and
(c) the temporary access track is exempted development under Class 16 of Part 1 of Schedule 2 of those Regulations:
NOW THEREFORE An Bord Pleanala, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the erection of a telecommunications mast, associated telecommunications infrastructure, the provision along part of the access route of a temporary access track until the development has been completed, and the reinstatement of the land thereafter, on an elevated site (94m ASL), just west of the village of Camp, Tralee, County Kerry, with access off the N86, is development which is exempted development.
Matters Considered
In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
Dated this 29th day of March 2022
39.RL.2877
BRAY TOWN
Planning Authority Reference Number: S5-4-11
WHEREAS a question has arisen as to whether the erection of a mast to carry telecommunication equipment which is owned by a third party, which is a privately owned company, for the purpose of providing a telecommunication system for An Garda Síochána and the placing of other additional elements such as a lightning finial, CCTV system and aircraft warning light at Bray Garda Station, Convent Road, Bray, County Wicklow are or are not exempted development:
AND WHEREAS George and Sadie Murphy care of J. Buckley and Company Solicitors of Saint Yves, Seapoint Road, Bray, Co. Wicklow requested a declaration on the said question from Bray Town Council and the said Council issued a declaration on the 27th day of April, 2011 stating that the said matter was exempted development:
AND WHEREAS the said George and Sadie Murphy referred the declaration for review to An Bord Pleanála on the 20th day of May, 2011:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) section 181 of the Planning and Development Act, 2000,
(b) Articles 86 to 91 of Part 9 of the Planning and Development Regulations, 2001, as amended, and
(c) the planning history of the site:
AND WHEREAS An Bord Pleanála has concluded that the erection of the mast to carry telecommunication equipment which is owned by a third party, that being a privately owned company, for the purpose of providing a telecommunication system for An Garda Síochána and other additional elements such as a lightning finial, CCTV system and aircraft warning light is development on behalf of a State Authority and comes within the scope of Article 86(1)(a)(i) of the Planning and Development Regulations 2001, as amended:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the erection of a mast to carry telecommunication equipment which is owned by a third party, which is a privately owned company, for the purpose of providing a telecommunication system for An Garda Síochána and the placing of other additional elements such as a lightning finial, CCTV system and aircraft warning light at Bray Garda Station, Convent Road, Bray, County Wicklow are exempted development. Dated September 19, 2011
06D.RL.2712
DUN LAOGHAIRE-RATHDOWN COUNTY
WHEREAS a question has arisen as to whether telecommunications equipment on the roof of a building at 16A Monkstown Crescent, Monkstown, County Dublin is or is not exempted development:
AND WHEREAS Stephen Devaney of 15 Longford Terrace, Monkstown, County Dublin requested a declaration on the said question from Dun Laoghaire-Rathdown County Council and the said Council issued a declaration on the 6th day of January, 2010 stating that the said development was exempted development:
AND WHEREAS the said Stephen Devaney referred the declaration for review to An Bord Pleanála on the 2nd day of February, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) section 4 of the Planning and Development Acts, 2000-2010,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001-2008,
(c) Class 31 of Part 1 of Schedule 2 to the said Regulations,
(d) the provisions of the Dun Laoghaire-Rathdown County Development Plan, 2010-2016, and
(e) photographic and measurement evidence obtained on site inspection:
AND WHEREAS An Bord Pleanála has concluded that –
(a) number 16A Monkstown Crescent is a “commercial building” as referred to in Class 31(k)(i) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001-2008, with a flat roof and parapets ranging in height,
(b) the telecommunications equipment comprises antennas and link dishes attached to fixtures erected on the flat roof of the building are subject to Condition and Limitation No. 1 of Class 31(k) of Part 1 of Schedule 2 of the said Regulations and the Board assessed the degree of compliance with the said Condition and Limitation of each individual item of equipment to the nearest parapet,
(c) the Board found that two items of the telecommunications equipment on the roof to be in excess of two metres in height above the nearest parapet of the building and therefore in excess of the height limitation provided for in the Conditions and Limitations referred to in the said Class 31(k) of Part 1 of Schedule 2 of the said Regulations,
(d) these items are specified as 1 and A, as shown in the attached photograph and relate to a vodafone and a meteor fixture, and
(e) the remaining items are in compliance with the said Condition and Limitation:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the stated telecommunications equipment specified as 1 and A on the roof of the building at number 16A Monkstown Crescent, Monkstown County Dublin are not exempted development and the other items are exempted development.
Dated November 9, 2010
06S.RL.2740
SOUTH DUBLIN COUNTY
WHEREAS a question has arisen as to whether the attachment of three number panel antennas and two number RT dishes to an existing 20 metre high lattice mast form of antennas support structure with associated telecommunications cabinet located at ground level within the existing fenced compound at ESB Ballyboden, Palmer Park/Pearse Brothers Park, Ballyboden, Dublin is or is not exempted development:
AND WHEREAS Meteor Mobile Communications Limited care of Obelisk Communications Limited of Enterprise Centre, Dublin Road, Cavan requested a declaration on the said question from South Dublin County Council and the said Council issued a declaration on the 30th day of March, 2010 stating that the attachment of three number panel antennas and two number RT dishes to an existing antennas support structure and associated telecommunications cabinet at ground level is not exempted development on the basis of not complying with Condition and Limitation number 1 as set out in Column 2 of Class 31(h) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001:
AND WHEREAS the said Meteor Mobile Communications Limited referred the declaration to An Bord Pleanála on the 19th day of April, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3, and 4 of the Planning and Development Act, 2000 as amended,
(b) Class 31 (f) and 31 (h) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001,
AND WHEREAS An Bord Pleanála has concluded that –
(a) the telecommunications cabinet located at ground level associated with the antennas comes within the scope of the exempted development provisions of Class 31(f) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001,
(b) the proposed attachment of three number panel antennas and two number RT dishes to an existing antennas support structure, by Meteor Mobile Communications Limited, a statutory undertaker, is development of a type which comes generally within the scope of the exempted development provisions of Class 31(h) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001,
(c) but the said development cannot avail of the exempted development provisions of the said Class 31(h), as the total number of antennas affixed to the antennas support structure would exceed the limit of 12 such antennas set out at Condition and Limitation number 1 of Class 31(h).
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the attachment of three number antennas and two number RT dishes to an existing 20 metre high lattice form of antennas support structure and associated telecommunications cabinet located at ground level at ESB Ballyboden, Palmer Park/Pearse Brothers Park, Ballyboden, Dublin is not exempted development.
Dated August 23, 2010
23.RL.2384
SOUTH TIPPERARY COUNTY
WHEREAS a question has arisen as to whether works carried out in relation to the existing telecommunications mast consisting of (1) the reinforced concrete strengthening structure and (2) the attachment of additional antennae at ESB Mast, Clonmel Road, Cahir, County Tipperary is or is not development or is or is not exempted development:
AND WHEREAS John Cummins of Pearse Street, Cahir, County Tipperary requested a declaration on the said question from South Tipperary County Council and the said Council issued a declaration on August 22, 2006 stating that the said development was not exempted development:
AND WHEREAS the said John Cummins referred the declaration for review to An Bord Pleanála on September 15, 2006:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 3 and 4 of the Local Government (Planning and Development) Act 1963,
(b) sections 2, 3 and 4 of the Planning and Development Act 2000,
(c) articles 9 and 10 of the Local Government (Planning and Development) Regulations 1994,
(d) article 9 of the Local Government (Planning and Development) Regulations 1994, as amended by the Local Government (Planning and Development) Regulations 1997, with particular reference to Class 29(i) of Part 1 of the Second Schedule to the said Regulations, as amended, and
(e) articles 6 and 9 of the Planning and Development Regulations 2001, with particular reference to Class 31 of Part 1 of Schedule 2 to these Regulations:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the erection of the radio tower having taken place prior to October 1, 1964, the said tower does not constitute an unauthorised structure,
(b) the provision of a reinforced concrete foundation strengthening structure to the existing tower does not come within the scope of Class 31 of Part 1 of Schedule 2 to the Planning and Development Regulations 2001, and
(c) the erection of additional antennae to a total of 12 antennae and six dishes on this radio tower mast exceeds the limits set in Class 31(h)(1) of Part 1 of Schedule 2 to the said Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the said works carried out in relation to the existing radio tower (telecommunications mast) consisting of (1) the reinforced concrete strengthening structure and (2) attachment of additional antennae at ESB Mast, Clonmel Road, Cahir, County Tipperary is development and is not exempted development.
Dated January 30, 2007
06D.RL.2352
DUN LAOGHAIRE-RATHDOWN COUNTY
WHEREAS a question has arisen as to whether the replacement of antennae support structure (telecommunications mast), permanent telecommunications exchange and radio station containers and cabinets forming part of a telecommunications system at Shankill Garda Station, Dorney Court, Shankill, Dublin is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Dun Laoghaire-Rathdown County Council on May 25, 2006:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3, 4, and 181 of the Planning and Development Act 2000,
(b) articles 6, 9 and 86(1) of the Planning and Development Regulations 2001,
(c) class 31 of Part 1 of Schedule 2 to the said Regulations, and
(d) article 9 of the Local Government (Planning and Development) Regulations 1994, as amended by the Local Government (Planning and Development) Regulations 1997, with particular reference to Class 29(j) of Part 1 of the Second Schedule to the Regulations, as amended:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the erection of antennae support structure (telecommunications mast) and permanent telecommunications exchange and radio container and cabinets is development,
(b) the erection of the replacement antennae support structure does not come within the scope of section 181 of the Planning and Development Act 2000, as it does not satisfy the requirements of section 86(1)(d) of the Planning and Development Regulations 2001, and is not a development by or on behalf of a State Authority,
(c) the erection of replacement antennae support structure comes within the scope of class 31(j) of the said Regulations, as the work is being carried out by a statutory undertaker and the conditions and limitations attached to this class will be complied with, and
(d) the installation of permanent telecommunications exchange and radio station containers and cabinets carried out by individual statutory undertakers comes within the scope of class 31(e) of the said Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(4) of the 2000 Act, hereby decides that the said erection of a replacement antennae support structure in place of the existing antennae support structure and the installation of permanent telecommunications exchange and radio station containers is development and is exempted development.
Dated October 23, 2006.
35.RL.2270
ATHY TOWN
WHEREAS a question has arisen as to whether the erection of a telecommunications mast in place of an existing telecommunications mast at the ESB Athy Area Office, Emily Square, Athy, County Kildare is or is not development or is or is not exempted development:
AND WHEREAS ESB (Telecoms) of 27 Lower Fitzwilliam Street, Dublin requested a declaration on the said question from Athy Town Council and the said Council issued a declaration on July 15, 2005 stating that the said development was not exempted development:
AND WHEREAS the said ESB (Telecoms) referred the declaration for review to An Bord Pleanála on August 2, 2005:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3, 4 and 82 of the Planning and Development Act, 2000,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001,
(c) Class 31 of Part 1 of Schedule 2 to the said Regulations,
(d) the Athy Development Plan, 2000, and
(e) the Draft Athy Development Plan, 2006-2012:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the erection of a telecommunications mast in place of the existing telecommunications mast comes within the scope of class 31(j) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001, and
(b) the restrictions on exemptions under article 9(i)(a)(vi) of the said Regulations apply as the mast would be clearly visible in views from O’Briens Bar, a protected structure, on Emily Square:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said erection of a telecommunications mast in place of an existing telecommunications mast at the ESB Athy Area Office, Emily Square, Athy, County Kildare is development and is not exempted development.
Dated February 2, 2006
26.RL.2115
WEXFORD COUNTY
WHEREAS a question has arisen as to whether the placing of GSM telecommunications equipment at Clogh water tank, Ballyminaun Hill, Clogh, Gorey, County Wexford is or is not exempted development:
AND WHEREAS O2 Communications (Ireland) Limited of 76 Lower Baggot Street, Dublin requested a declaration on the said question from Wexford County Council and the said Council issued a declaration on November 18, 2003 stating that the said placing of the said equipment is not exempted development:
AND WHEREAS the said O2 Communications (Ireland) Limited referred the declaration for review to An Bord Pleanála on December 5, 2003:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to-
(a) Sections 2, 3 and 4 of the Planning and Development Act 2000,
(b) Article 6 of the Planning and Development Regulations, 2001, and
(c) Class 31 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the attachment of three GSM panel antennae to the water tank comes within the scope of Class 31(k) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001, and
(b) the installation of what is described in the request for a declaration of exempted development as a ‘cabinet’ is not exempted development, as it exceeds the dimensions stated in respect of Class 31(f). Furthermore, as the use as described in the referral is to service these antennae, the structure cannot be considered to fall under Class 31(e), not being a permanent telecommunications exchange or radio station:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by s.5(3)(a) of the 2000 Act, hereby decides that-
(a) the attachment of three GSM panel antennae to the water tank is exempted development, and
(b) the installation of the said cabinet is not exempted development.
Dated April 29, 2004
06S.RF.0930
COUNTY SOUTH DUBLIN
WHEREAS a question has arisen as to whether the placing of (i) antenna for a GSM base station and (ii) telecommunications exchange equipment within an existing storage building, at the rear of The Pines Public House, Whitehall Road, Perrystown, County Dublin is or is not exempted development
WHEREAS the said question was referred to An Bord Pleanála under section 5 of the 1963 Act by Esat Digifone Limited of 76 Lower Baggot Street, Dublin on the 17th day of November, 1999:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to-
(a) sections 2, 3 and 4 of the Local Government (Planning and Development) Act, 1963)
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994, and
(c) the Local Government (Planning and Development) Regulations, 1997:
AND WHEREAS An Bord Pleanála has concluded that-
(i) the placing of the antennae on the site to facilitate mobile telephony constitutes works which come within the meaning of “development” in section 3(1) of the 1963 Act
(ii) taken together with the placing of the said antennae, the placing of the telecommunications exchange equipment constitutes a material change in the use of the land which also comes within the meaning of “development”, and
(iii) the works involved in the change of use of the land do not come within the scope of section 4 (1) (g) of the 1963 Act, or any provision of the regulations made thereunder.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that the placing of (i) the said antennae for a GSM base station, and (ii) the said telecommunications exchange equipment within an existing storage building is hot exempted development.
Dated this 15th day of June 2000
26.RL.2966
WEXFORD COUNTY
WHEREAS a question has arisen as to whether a new antenna support structure in place of an existing permitted antenna support structure, including swap-over of existing equipment from the existing to the new structure and the attachment of three new antennas and two number transmission disks and associated equipment at Nook, Ballyhack, County Wexford is or is not development or is or is not exempted development:
AND WHEREAS Hutchison 3G Ireland Limited care of BT Communications Ireland Limited of Unit 2 Dundrum Business Park, Dundrum, Dublin requested a declaration on the said question from Wexford County Council and the said Council issued a declaration on the 13th day of December, 2011 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Hutchison 3G Ireland Limited care of BT Communications Ireland Limited referred the declaration for review to An Bord Pleanála on the 18th day of January, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
(c) Class 31 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, and
(d) the planning history of the overall site with particular reference to planning register reference number PL 26.225556:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the replacement of a telecommunications support structure with another similar structure and the erection of telecommunication antennas and associated equipment generally comes within the scope of the exempted development provisions of Class 31 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001,
(b) however, condition 4 of PL 26.225556 limits the development to that proposed for retention at the date of the decision and requires that the development not be altered without a prior grant of planning permission, therefore the restrictions on development applicable under Article 9(1)(a) of the Planning and Development Regulations, 2001 applies:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the said erection of a new antenna support structure in place of an existing permitted antenna support structure, including swap-over of existing equipment from the existing to the new structure and the attachment of three new antennas and two number transmission disks and associated equipment is development and is not exempted development. In deciding not to accept the Inspector’s recommendation, the Board noted that the precedent case cited was not similar in circumstance, as the telecommunications infrastructure in question was erected under the exempted development provisions and was not governed by a planning permission. Dated February 8, 2013
17.RL.2433
MEATH COUNTY
WHEREAS a question has arisen as to whether the erection of antennae to the roof of a Meath County Council water tower at Irishtown, Ashbourne, County Meath is or is not development or is or is not exempted development:
AND WHEREAS Net 1 Limited care of Robert Kenny of Townley Hall, Drogheda, County Louth requested a declaration on the said question from Meath County Council and the said Council issued a declaration on the 24th day of April, 2007 stating that the said development was not exempted development:
AND WHEREAS the said Net 1 Limited referred the declaration for review to An Bord Pleanála on the 27th day of April, 2007:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3 and 4 of the Planning and Development Act 2000,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001, and
(c) class 31 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001:
AND WHEREAS An Bord Pleanála has concluded that the erection of telecommunications antennae to the roof of the existing water tower structure (which is a public building) comes within the scope of class 31(k) of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the erection of antennae to the roof of a Meath County Council water tower at Irishtown, Ashbourne, County Meath is development and is exempted development.
MATTERS CONSIDERED
In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
Dated February 15, 2008
86.RL.2829
WICKLOW TOWN
WHEREAS a question has arisen as to whether the attachment of telecommunications antennas (panel and dish type) to two 18 metres high floodlight columns and the erection of ancillary equipment at Wicklow Rovers Football Pitch, Whitegates, Dublin Road, Wicklow is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Wicklow Town Council on the 17th day of December, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to
(a) sections of 2, 3 and 4 and of the Planning and Development Act, 2000, as amended,
(b) articles 6 and 9 of the Planning and Development Regulations 2001,
(c) Class 31(f) and (k) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, and
(d) the planning history of the site and, in particular the additional submission of the referrer received by An Bord Pleanála on the 19th day of April, 2011, following the issue of a notice by An Bord Pleanála under section 132 of the Planning and Development Act, 2000:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the attachment of the antennas and the provision of the ancillary equipment constitutes works as defined under section 2 of the Planning and Development Act, 2000 and is, therefore, development,
(b) the provision of the ancillary equipment by a statutory undertaker authorised to provide a telecommunications service would come within the scope of Class 31(f) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001,
(c) the attachment of the antennas directly to the floodlight columns by a statutory undertaker authorised to provide a telecommunications service would generally come within the scope of Class 31(k)(ii) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, and
(d) on the basis of the submissions made, and subject to the provision to the planning authority by a statutory undertaker authorised to provide a telecommunications service of the notification(s) specified in paragraph 5 of Column 2, Conditions and Limitations of Class 31(k)(ii) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, and subject to the provision to the planning authority by each such operator of evidence as set out in paragraph 6 of Column 2, Conditions and Limitations of Class 31 (k)(ii) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, the said works would comply with the Conditions and Limitations of Class 31(k)(ii) of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the attachment of telecommunications antennas (panel and dish type) to two 18 metres high floodlight columns and the erection of ancillary equipment at Wicklow Rovers Football Pitch, Whitegates, Dublin Road, Wicklow is development and is exempted development. Dated September 6, 2011
23.RL.2708
SOUTH TIPPERARY COUNTY
WHEREAS a question has arisen as to whether the attachment of a radio link dish to a public stand at Clonmel Rugby Club, Clonmel, County Tipperary is or is not development or is or is not exempted development:
AND WHEREAS Vodafone (Ireland) Limited care of Focus Plus Limited of 3 Arbourfield House, Dundrum Business Park, Dublin requested a declaration on the said question from South Tipperary County Council and the said Council issued a declaration on the 23rd day of December, 2009 stating that the said development is development and is not exempted development:
AND WHEREAS the said Vodafone (Ireland) Limited referred the declaration for review to An Bord Pleanála on the 28th day of January, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2 and 3 of the Planning and Development Act, 2000, as amended,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001, and (c) Class 31 of Part 1 of Schedule 2 to the said Regulations:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the attachment of the said radio link dish constitutes “works” as defined in section 2 of the said Act,
(b) Vodafone (Ireland) Limited is a “statutory undertaker authorised to provide a telecommunications service” as referred to in Class 31 of Part 1 of Schedule 2 of the said Regulations,
(c) the public stand at Clonmel Rugby Club is a “public building” as referred to in Class 31 (k) of Part 1 of Schedule 2 of the said Regulations,
(d) the “radio link dish” is an “antenna” as referred to in the said Class 31 (k) of Part 1 of Schedule 2 of the said Regulations,
(e) the radio link dish is not directly attached to the façade of the public stand, which itself is not a structure with a flat roof, but is attached by way of a supporting fixture and therefore does not comply with condition and limitation number 1 of the said Class 31(k)of Part 1 of Schedule 2 of the said Regulations,
(f) the colour of the radio dish link does not match and blend with the colour of the facade of the public stand, and therefore does not comply with condition and limitation number 3 of the said Class 31 (k) of Part 1 of Schedule 2 of the said Regulations, and
(g) the Board is not satisfied, on the basis of the evidence submitted as part of this referral, that the planning authority in whose functional area the structure on which the antenna was to be attached was notified by the statutory undertaker at least four weeks before such attachment, as required by condition and limitation number 5 of the said Class 31(k)of Part 1 of Schedule 2 of the said Regulations.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the attachment of a radio link dish to a public stand at Clonmel Rugby Club, Clonmel, County Tipperary, is development and is not exempted development.
MATTERS CONSIDERED
In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions. Dated June 2, 2010
11.RL.2375
LAOIS COUNTY
WHEREAS a question has arisen as to whether the installation of telecommunications equipment at O’Loughlin’s Hotel, Main Street, Portlaoise, County Laois is or is not exempted development:
AND WHEREAS Hutchison 3G Ireland care of TCI of First Floor, Unit 2, Dundrum Business Park, Dundrum, Dublin requested a declaration on the said question from Laois County Council and the said Council issued a declaration on July 27, 2006 stating that the said development was not exempted development:
AND WHEREAS the said Hutchison 3G Ireland referred the declaration for review to An Bord Pleanála on August 16, 2006:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) section 4 of the Planning and Development Act 2000,
(b) article 6 of the Planning and Development Regulations 2001,
(c) class 31(f) and (k) of Part 1 of Schedule 2 to the said Regulations,
(d) the recent erection of two tubular metal support structures in place of timber flagpoles at roof level of the hotel building,
(e) the proposed utilisation of metal framework, attached to a chimney, to act as a support structure, and
(f) the colour of the antennae, which does not match and blend with the colour of the chimney to which they are attached:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the installation of a telecommunications equipment cabinet comes within the scope of class 31(f) of Part 1 of Schedule 2 to the Planning and Development Regulations 2001, and
(b) the erection of the telecommunications antennae above roof level on the said new support structures does not comply with the conditions and limitations of Class 31(k) 1 and 3 of Part 1 of Schedule 2 of the said Regulations and, therefore, does not qualify to avail of the exemption provided under the said class:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that—
(a) the installation of the said cabinet is exempted development, and
(b) the erection of the said antennae is not exempted development.
Dated December 15, 2006.
S.5 Declarations Satellite
ABP-308665-20
Cork County Council
WHEREAS a question has arisen as to whether a cable landing station comprising nine number satellite antennae with a diameter of two metres or less inside a fenced area at Garrettstown, Kinsale, County Cork is or is not development or is or is not exempted development:
AND WHEREAS Hibernia Atlantic Cable Systems Limited care of WHW Design Limited of 9 Crossgar Road, Dromana, County Down requested a declaration on the question from Cork County Council and the Council issued a declaration on the 14th day of October, 2020 stating that the matter is not exempted development:
AND WHEREAS Hibernia Atlantic Cable Systems Limited referred the declaration for review to An Bord Pleanála on the 10thday of November, 2020:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a)sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended,
(b)articles 5 to 11 of the Planning and Development Regulations, 2001, as amended, with particular reference to articles 6(1) and 9(1)(a)(viii), and
(c)Part 1 of Schedule 2, Exempted Development-General of those Regulations, with particular reference to Class 31(d):
AND WHEREAS An Bord Pleanála has concluded that –
(a)the installation of a fenced compound 16 metres by 16 metres in area and the provision of nine number satellite receivers constitutes ‘development’ for the purposes of the Planning and Development Act, 2000, as amended, and
(b)the installation of a fenced compound 16 metres by 16 metres in area and the provision of nine number satellite receivers to receive and transmit signals from satellites in space comes within the scope of Class 31(d) of Part 1 of Schedule 2 of the Planning and Development Regulations 2001, as amended, and does not consist of or comprise the extension of an unauthorised structure, the use of which is an unauthorised use:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the provision of a cable landing station consisting of a fenced compound 16 metres by 16 metres in area and the provision of nine number satellite receivers at Garrettstown, Kinsale, County Cork constitutes development and development that is exempted development.
Dated this 10thDay of May 2021
03.RL.3493
Clare County
WHEREAS a question has arisen as to whether:
(a) the installation of flue pipes protruding above the roof of the units for heating the living room/ground floor using a stove, and
(b) the installation of satellite dishes to the front walls,
all at Moore Bay, Kilkee, County Clare are or are not development or are or are not exempted development:
AND WHEREAS Moore Bay Holiday Village Management Limited care of Hutch O’Malley McBeath Consulting Engineers of The Railway Station, Attyflin, Patrickswell, County Limerick requested a declaration on the said question from Clare County Council and the said Council issued a declaration on the 24th day of May, 2016 stating that-
(a) the installation of flue pipes protruding above the roof of the units for heating the living room/ground floor using a stove constitutes development and is exempted development, and
(b) the installation of satellite dishes to the front walls constitutes development and is not exempted development:
AND WHEREAS the said Moore Bay Holiday Village Management Limited referred the declaration for review to An Bord Pleanála on the 17th day of June, 2016:
AND WHEREAS An Bord Pleanála decided to reformulate the question as follows:
whether-
(a) the installation of a chimney and of a flue protruding above the roofs of the units for heating the living room/ground floor, and
(b) the installation of satellite dishes to the front walls,
all at Moore Bay, Kilkee, County Clare are or are not development or are or are not exempted development:
AND WHEREAS the Board, in considering this referral, had regard particularly to-
(a) sections 2(1), 3(1) and 4(1)(h) of the Planning and Development Act, 2000, as amended,
(b) Articles 6(1) and 9(1) of the Planning and Development Regulations, 2001, as amended, and Classes 2(a) and 4(b) of Part 1 of Schedule 2 to those Regulations,
(c) the submissions received by the Board, and the report of the Inspector, and
(d) the unconventional “back-to-back” layout of the holiday homes, the layout of their curtilages and of the surrounding roads:
AND WHEREAS An Bord Pleanála concluded that-
(i) the installation of a chimney, a flue, and satellite dishes to the holiday homes comprised works, which constitutes development,
(ii) the chimney and flue are part of the heating system for these houses, and their installation comes within the scope of the exemption under Class 2(a), Part 1 of Schedule 2 to the Planning and Development Regulations, 2001,
(iii)
(a) the satellite dishes do not come under the exemption provided in section 4(1)(h) of the Planning and Development Act, 2000, as amended, as their installation does not constitute “maintenance, improvement or other alteration” of the holiday homes, and
(b) neither can the satellite dishes avail of exemption under Class 4(b), Part 1 of Schedule 2 to the Planning and Development Regulations, 2001, as they do not come within the scope of the Conditions and Limitations, being located on the front walls of the holiday homes, which are considered to have dual frontages:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that:
(a) the installation of a chimney and of a flue protruding above the roofs of the units for heating the living room/ground floor are development and are exempted development, and
(b) the installation of satellite dishes to the front walls is development and is not exempted development,
all at Moore Bay, Kilkee, County Clare.
Dated this 9th day of February 2017.
28.RL.2995
CORK CITY
WHEREAS a question has arisen as to whether the attachment of antennae, dishes and associated equipment for statutory undertakers, at The Glenanaar Bar, Boreenmanna Road, Cork is or is not development or is or is not exempted development:
AND WHEREAS Finbarr Buckley care of Lawrence Buckley of 3 Douglas Hall Avenue, Skehard Road, Cork requested a declaration on the said question from Cork City Council and the said Council issued a declaration on the 9th day of March, 2012 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Finbarr Buckley referred the declaration for review to An Bord Pleanála on the 4th day of April, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to–
(a) sections 3 and 4 of the Planning and Development Act, 2000, as amended,
(b) Articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
(c) Class 31 of Part 1 of Schedule 2 to the said Regulations,
(d) the characteristics of the site, and
(e) the drawings and details submitted to the planning authority and to the Board, in particular those received by the Board on 31st day of July, 2012:
AND WHEREAS An Bord Pleanála has concluded that–
(a) the attachment of antennae, dishes and cabinets to the property constitutes “works” within the meaning of section 2 of the Planning and Development Act, 2000, as amended and constitutes “development” within the meaning of section 3(1) of that Act,
(b) there is no evidence that the notification required under condition number 5 of Class 31(k) of the Planning and Development Regulations, 2001, as amended, was provided, and the attachment of antennae and dishes to the structure cannot therefore benefit from the exemption envisaged under the provisions of Class 31(k) of the said Regulations,
(c) Furthermore, antennae, identified as items numbers 10, 11 and 12 in the details received by the Board on the 31st day of July, 2012, are not located on a structure with a flat roof and are attached by way of a supporting fixture, and do not therefore comply with the conditions and limitations of Class 31(k) of the said Regulations, and
(d) the cabinets come within the scope of Class 31(f) of the said Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that at The Glenanaar Bar, Boreenmanna Road, Cork:
(a) the attachment of antennae, dishes and cabinets for statutory undertakers, constitutes “works” within the meaning of section 3 of the Planning and Development Act, 2000 and constitutes development,
(b) the attachment of antennae and dishes to the said structure for receiving and transmitting signals from satellites is not exempted development, and
(c) the provision of cabinets to the said structure is exempted development:
Dated April 9, 2013.