Exempt Advertising
Planning and Development Regulations
Exempted Development — Advertisements
Article 6
CLASS 1
Advertisements (other than those specified in classes 2, 3 or 5 of this Part of this Schedule) exhibited on business premises, wholly with reference to the business or other activity carried on or the goods or services provided on those premises.
1. The total area of such advertisements exhibited on or attached or affixed to the front of any building on the premises shall not exceed an area equal to 0.3 square metres for every metre length of such front, less the total area of any such advertisements exhibited on the premises but not exhibited on or attached or affixed to a building, and in any event shall not exceed 5 square metres.
2. The total area of such advertisements exhibited on or attached or affixed to any face of a building on the premises other than the front thereof shall not exceed 1.2 square metres and the total area of any such advertisements on such face which are illuminated shall not exceed 0.3 square metres.
3. The total area of such advertisement which are not exhibited on or attached or affixed to a building on the premises shall not exceed 3 square metres, of which not more than 1.5 square metres shall consist of advertisements which are illuminated.
4. (a) No part of any such advertisement which is not exhibited on or attached or affixed to a building on the premises, or of an advertisement structure on which it is exhibited, shall be more than 2.5 metres in height.
(b) No part of any such advertisement which is exhibited on or attached or affixed to a building on the premises shall be more than 4 metres in height above ground level.
5. Where any such advertisement projects more than 5 centimetres over any public road, the sign or other advertisement structure on which it is exhibited shall not be less than 2 metres above the level of such road and shall not project more than 1 metre over such road.
6. Where any such advertisement consists of a circular sign and projects more than 5 centimetres over any public road, the diameter of such sign shall not exceed 1 metre and no other such advertisement shall be exhibited on a sign or other advertisement structure projecting more than 5 centimetres over such road.
7. Where any one or more such advertisements are exhibited on a swinging or fixed sign or other advertisement structure (other than a circular sign) projecting more than 5 centimetres from any external face of a building, the total area of such advertisements shall not exceed 1.2 square metres and the area of any face of any such advertisement shall not exceed 0.4 square metres.
8. No such advertisement shall contain or consist of any symbol, emblem, model, logo or device exceeding 0.6 metres in height or any letter exceeding 0.3 metres in height.
9. No such advertisement shall cover any part of any window or door of any building on which the advertisement is exhibited or to which it is attached or affixed.
CLASS 2
Illuminated advertisements exhibited as part of any shop or other window display on business premises and other advertisements affixed to the inside of the glass surface of a window of a business premises or otherwise exhibited through a window of such premises.
The total area of any advertisements so exhibited shall not exceed one quarter of the area of the window through which the advertisements are exhibited.
CLASS 3
Advertisements displayed within a business premises and which are not visible from outside the premises.
CLASS 4
An advertisement in the form of a flag which is attached to a single flagstaff fixed in an upright position on the roof of a business premises and which bears no inscription or emblem other than the name, device or logo of a person or business occupying the business premises.
Not more than one such advertisement shall be exhibited on a business premises.
CLASS 5
Advertisements, exhibited at the entrance to any premises, relating to any person, partnership or company carrying on a public service or a profession, business or trade at the premises.
1. No such advertisement shall exceed 0.3 square metres in area.
2. Not more than one such advertisement, or, in the case of premises with entrances on different road frontages, one such advertisement for each such frontage, shall be exhibited in respect of each such person, partnership or company on the premises.
CLASS 6
Advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character, any guesthouse or other premises (other than a hotel) providing overnight guest accommodation or any public house, block of flats, club, boarding house or hostel, situated on the land on which any such advertisement is exhibited.
1. No such advertisement shall exceed 0.6 square metres in area.
2. No part of any such advertisement or an advertisement structure on which it is exhibited shall be more than 2.5 metres in height above ground level.
3. Not more than one such advertisement or, in the case of premises with entrances on different road frontages, one such advertisement for each such frontage, shall be exhibited in respect of any such premises.
CLASS 7
Advertisements exhibited on land wholly or for the most part enclosed within a hedge, fence, wall or similar screen or structure (not being land which is a public park, public garden or other land held for the use and enjoyment of the public, or a part of a railway undertaking’s enclosed land normally used for the carriage of passengers or goods by rail) and not readily visible from land outside the enclosure wherein it is exhibited.
CLASS 8
Advertisements exhibited within a railway station, bus station, airport terminal or ferry terminal and which are not readily visible from outside the premises.
CLASS 9
Advertisements relating to the sale or letting of any structure or other land (not being an advertisement structure) on which they are exhibited.
1. The area of any such advertisement shall not exceed—
(a) in the case of an advertisement relating to the sale or letting of a house, 0.6 square metres,
(b) in the case of an advertisement relating to the sale or letting of any other structure or land, 1.2 square metres.
2. Not more than one such advertisement shall be exhibited on the structure or other land.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall remain on the structure or land, for more than 7 days after the sale or letting to which the advertisement relates.
CLASS 10
Advertisements relating to the sale on or before a date specified therein of goods or livestock, and exhibited on land where such goods or livestock are situated or where such sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding sales of goods or livestock.
1. No such advertisement shall exceed 0.6 square metres in area.
2. Not more than one such advertisement shall be exhibited on the land concerned.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall remain on the land, for more than 7 days after the date specified.
CLASS 11
Advertisements relating to the carrying out of building or similar works on the land on which they are exhibited, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of carrying out such works.
1. Where only one advertisement is exhibited, such advertisement shall not exceed 3.5 square metres in area and shall not be exhibited more than 6 metres above ground level.
2. Where more than one advertisement is exhibited, no such advertisement shall exceed 0.6 square metres in area, the total area of such advertisements shall not exceed 3.5 square metres and no such advertisement shall be exhibited more than 4 metres above ground level.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall remain on the land, for more than 7 days after the completion of the works.
CLASS 12
Advertisements for the purposes of announcement or direction or warning exhibited by a statutory undertaker in relation to the operation of the statutory undertaking.
CLASS 13
Advertisements for the purposes of identification, direction or warning with respect to the land or structures on which they are exhibited.
No such advertisement shall exceed 0.3 square metres in area.
CLASS 14
Advertisements relating to an election to the office of President of Ireland, an election of members of Dáil Éireann, the Parliament of the European Communities, a local authority or Údarás na Gaeltachta, or a referendum within the meaning of the Referendum Act, 1994 .
No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall be left in place, for more than 7 days after the date of the election or referendum to which the advertisement relates.
CLASS 15
Advertisements required to be exhibited by or under any enactment, including advertisements the exhibition of which is so required as a condition of the valid exercise of any power, or proper performance of any function, given or imposed by such enactment, or for compliance with any procedure prescribed by or under any enactment.
CLASS 16
Advertisements other than advertisements specified in class 17 of this Part of this Schedule, announcing any local event of a religious, cultural, educational, political, social, recreational or sporting character, and advertisements relating to any temporary matter in connection with any local event of such a character, not in either case being an event promoted or carried on for commercial purposes.
1. No such advertisement shall exceed 1.2 square metres in area.
2. No such advertisement shall be exhibited more than 2.5 metres above ground level or be glued, pasted or otherwise affixed to any structure other than an advertisement structure.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall be left in place, for more than 7 days after the conclusion of the event or matter to which it relates.
CLASS 16A
Advertisements other than advertisements specified in Class 16 of this Part of this Schedule, announcing any local event promoted or carried on for commercial purposes.
1. No such advertisement shall exceed 1.2 square metres in area.
2. No such advertisement shall be exhibited more than 2.5 metres above ground level or be glued, pasted or otherwise be affixed to any structure other than an advertisement structure.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertise-ment shall be left in place for more than 7 days prior to the date of the event or for more than 3 days after the conclusion of the event to which it relates.
4. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertise- ment, at a distance greater than 15 kilo-metres from the location of the event.
5. The event shall not take place in the same location more than three times a year.
6. No advertisements shall be erected where they can be seen from any motorway or national primary road.
CLASS 17
Advertisements consisting of placards, posters or bills relating to the visit of any travelling circus, funfair, carnival, show, musicians, players or other travelling entertainment.
1. No such advertisement shall exceed 1.2 square metres in area.
2. No such advertisement shall be exhibited more than 2.5 metres above ground level or be glued, pasted or otherwise affixed to any structure other than an advertisement structure.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall be left in place, for more than 7 days after the last performance or closing of the entertainment.
CLASS 18
An advertisement relating to any demonstration of agricultural methods or processes on the land on which the advertisement is exhibited.
1. No such advertisement shall exceed 0.6 square metres in area.
2. Not more than one such advertisement shall be exhibited on the land concerned.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall remain on the land, for more than 7 days after the date of the demonstration to which it relates.
S.5 Declarations
31.RF.0752
WATERFORD COUNTY BOROUGH
WHEREAS a question has arisen as to whether a rotating sky tracker light located in its existing position or on the roof of a premises at The Junction Bar/Club L.A., Manor Street, Waterford is or is 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 on the 17th day of January, 1996 by S. Moran care of Fergal MacCabe of 40 Fitzwilliam Place, Dublin:
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 13 of Part II of the Second Schedule to the 1994 Regulations:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the said light comes within the definition of “advertisement” in section 2 of the 1963 Act,
(b) the use of the said premises for the exhibition of the advertisement constitutes a material change in the use of the premises and comes within the meaning of “development” in section 3(1) of the 1963 Act, having regard particularly to paragraph (a) of section 3(2), and
(c) the development does not come within the scope of article 9 of the 1994 Regulations and, in particular, the development does not comply with the condition and limitation specified in column 2 opposite the mention of Class 13 in column 1 of Part II of the Second Schedule to these 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 rotating sky tracker light located in its existing position or on the roof of the premises is development and is not exempted development.
20.RL.3430
Roscommon County
WHEREAS a question has arisen as to whether the provision of signs at O’Connor’s Bar and The Friary Restaurant, Tulsk, County Roscommon is or is not development or is or is not exempted development: AND WHEREAS Eugene O’Connor care of Vitruvius Hibernicus of Convent Road, Longford requested a declaration on the said question from Roscommon County Council and the said Council issued a declaration on the 22nd day of October, 2015 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Eugene O’Connor referred the declaration for review to An Bord Pleanála on the 3rd day of November, 2015:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to–
(a) sections 2(1), 3(1), 3(2) and 4 of the Planning and Development Act, 2000, as amended,
(b) the definitions of “advertisement”, “advertisement structure”, “land” and “structure”, as set out in section 2(1) of the Planning and Development Act, 2000, as amended,
(c) Articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
(d) Classes 1, 2, 4, 5, 6, 11 and 13 of Part 2 of Schedule 2 to these Regulations, and
(e) the reports of the planning authority and of the Inspector:
AND WHEREAS An Bord Pleanála has concluded that–
(i) the letters “Restaurant” painted onto the south-eastern roof slope of the bar/restaurant building constitute an advertisement within the meaning of section 2(1) of the Planning and Development Act, 2000, which has resulted in this structure becoming used for the exhibition of an advertisement, and the use of the land has, therefore, materially changed, and constitutes development, in accordance with section 3(2) of the said Act,
(ii) the following each constitute advertisements as defined in section 2(1) of the Planning and Development Act, 2000, as amended, the installation or erection of which required the carrying out of works, and therefore, constitute development:
- “The Friary Café and Restaurant” sign on the roof of the single-storey lean-to extension at the south-eastern elevation of the bar/restaurant,
- the “Restaurant” sign displayed on the flagpole at the south-western side of the property along the N5,
- the three banner signs stating “bar”, “lotto” and “shop” affixed to the south-western elevation of the shop and bar/restaurant facing the N5,
(iii) all of these signs might come within the scope of Class 1 of Part 2 of Schedule 2 to the Planning and Development Regulations, 2001, as amended,
(iv) however, the “Restaurant” advertisement painted on the roof, of approximately 10 square metres, and “The Friary Café and Restaurant” sign, considerably exceed both Conditions and Limitations 1 and 2 in respect of total area, irrespective of whether the signs are considered to be displayed to the front or to the side of the premises; furthermore, the height of the “Restaurant” lettering on the roof would fail to comply with the restrictions under Conditions and Limitations 4(b) and 8 in relation to overall height, and height of lettering, respectively,
(v) the “Restaurant” sign on the flagpole is approximately five metres in height, and would exceed Conditions and Limitations 4(a), and
(vi) the three banner signs attached to the shop would each exceed Conditions and Limitations 4(b) and 8 in relation to height above ground level, and height of lettering, respectively:
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 provision of signs at O’Connor’s Bar and The Friary Restaurant, Tulsk, County Roscommon is development and is not exempted development. Dated 29 April 2016.
93.RL.3415
Waterford City and County
WHEREAS a question has arisen as to whether the temporary siting of a mobile advertising container at Carrigmoorna, Lemybrien, County Waterford is or is not development or is or is not exempted development:
AND WHEREAS Michael Veal care of David Mulcahy Planning Consultants Limited of 67 The Old Mill Race, Athgarvan, County Kildare requested a declaration on the said question from Waterford City and County Council and the said Council issued a declaration on the 8th day of September, 2015 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Michael Veal referred the declaration for review to An Bord Pleanála on the 5th day of October, 2015:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to–
(a) sections 2(1), 3(1), 3(2) and 4(1)(h) of the Planning and Development Act, 2000, as amended,
(b) Article 6(2) and Part 2, Schedule 2 of the Planning and Development Regulations 2001, as amended,
(c) An Bord Pleanála’s determination in respect of a previous referral reference PL04.RL.3118, and
(d) the report of the Planning Inspector:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the mobile container, the subject of the referral is an object used for the purposes of advertising,
(b) the parking of the mobile container at this location for the purpose of advertising constitutes a material change of use of the land on which it is located, being the use of land for the exhibition of advertisements, pursuant to section 3(2)(a) of the Planning and Development Act, 2000, and is therefore “development” within the meaning of section 3 of the said Act,
(c) the parking of the mobile sign does not come within the meaning of section 4 (1)(h) of the Planning and Development Act, 2000, not being “development consisting of the carrying out of works for the maintenance, improvement or other alteration of a structure”, and
(d) the mobile sign does not come within the scope of any of the exemptions provided for in Part 2 of Schedule 2 to the Planning and Development Regulations 2001, as amended, or any other provisions of the legislation:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 2000 Act, hereby decides that the said temporary siting of a mobile advertising container at Carrigmoorna, Lemybrien, County Waterford is development and is not exempted development. Dated 15 March 2016.
24.RL.2325
WATERFORD COUNTY
WHEREAS a question has arisen as to whether the erection of a bus stop at Newtown Hill, Tramore, County Waterford is or is not development or is or is not exempted development:
AND WHEREAS Hugh O’Brien and Deirdre O’Meara of Fairways, Newtown Hill, Tramore, County Waterford requested a declaration on the question from Waterford County Council and no declaration was issued by the planning authority:
AND WHEREAS the said Hugh O’Brien and Deirdre O’Meara referred the question for decision to An Bord Pleanála on the 2nd day of March, 2006:
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) sections 85 and 86 of the Road Traffic Act, 1961,
(c) articles 6 and 9, and Schedule 2 to the Planning and Development Regulations, 2001, in particular Class 12 of Part 2 of Schedule 2, and
(d) the evidence submitted in relation to the background to this referral:
AND WHEREAS An Bord Pleanála has concluded that—
(a) this bus stop was erected by Bus Eireann, a statutory undertaker, on the public road,
(b) notwithstanding that use of part of the public road as a stopping place for buses, as authorised under the provisions of the Road Traffic Acts, is not development within the meaning of s.3 of the Planning and Development Act, 2000, the erection of the bus stop (as distinct from the designation of the stopping place) constitutes works and is therefore development, as defined in the said Act,
(c) the bus stop constitutes a form of advertisement structure, as defined in s.2(1) of the Planning and Development Act, 2000, which is for the purpose of announcement, exhibited by a statutory undertaker in relation to the operation of the statutory undertaking (bus service),
(d) the bus stop, accordingly, comes within the exempted development provisions of art.6 and Class 12 of Pt 2 of Sch.2 to the Planning and Development Regulations 2001, as amended, and
(e) the exempted development status of the bus stop is not affected by the provisions of art.9(1)(a)(iii) of the Planning and Development Regulations 2001, relating to traffic hazard, insofar as the use of the public road by buses as a stopping place does not constitute development under the Planning and Development Acts, 2000-2007 and is controlled by the provisions of other legislation, namely the Road Traffic Acts.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by s.5(3)(b) of the 2000 to 2007 Acts, hereby decides that the said erection of this bus stop at Newtown Hill, Tramore, County Waterford is development and is exempted development.
30.RL.2214
LIMERICKCITY
WHEREAS a question has arisen as to whether development comprising the erection of two back-to-back billboards at Claughaun G.A.A. Club, Ring Road, Limerick is or is not development and is or is not exempted development:
AND WHEREAS An Taisce care of John Stewart of Harbour Village, Circular Road, Dunmore East, County Waterford requested a declaration on the question from Limerick City Council and no declaration issued by the planning authority:
AND WHEREAS An Taisce referred the question for decision to An Bord Pleanála on January 6, 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) the Planning and Development Regulations, 2001,
(c) the planning history of the site, and
(d) the nature of the development:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the billboard advertisement structures constitute “development”, being “works” within the meaning of section 3 of the Planning and Development Act, 2000,
(b) the said advertisement structures are not exempted development, as they do not come within the scope of any of the exemptions listed in Part 2 of Schedule 2 to the Planning and Development Regulations, 2001, and
(c) the planning permissions granted for advertisement structures on the site under planning register reference numbers P.97/309, P.97/607 and P.98/138 were each subject to a condition requiring the removal of the structure at the end of a five year period and all the said permissions have now expired and have not been renewed or replaced:
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 the said erection of two back-to-back billboards at Claughaun G.A.A. Club, Ring Road, Limerick is development and is not exempted development.
29S.RL.2097
DUBLIN CITY
WHEREAS a question has arisen as to whether the erection of external lighting and advertising structures on the Loop Line Bridge over the River Liffey, Dublin is or is not development or is or is not exempted development:
AND WHEREAS An Taisce of The Tailors’ Hall, Back Lane, Dublin requested a declaration on the said question from Dublin City Council and no declaration issued by the said Council:
AND WHEREAS An Taisce referred the said question for decision to An Bord Pleanála on October 8, 2003:
AND WHEREAS An 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,
(b) Sections 2, 3 and 4 of the Planning and Development Act 2000,
(c) Articles 1-5 of the Local Government (Planning and Development) Act 1963, (Exempted Development) Regulations, 1967, with particular reference to article 3, Articles 9-12 of the Local Government (Planning and Development) Regulations, 1977, with particular reference to article 10, Articles 8-13 of the Local Government (Planning and Development) Regulations, 1994, with particular reference to article 9, and Articles 5-11 of the Planning and Development Regulations, 2001, with particular reference to article 6,
(d) Part I of the Schedule to the 1967 Regulations, with particular reference to Class 18, Part I of the Third Schedule to the 1977 Regulations, with particular reference to Class 19, Part I of the Second Schedule to the 1994 Regulations, with particular reference to Class 21, and Part 1 of Schedule 2 to the 2001 Regulations, with particular reference to Class 23, and
(e) Part II of the Schedule to the 1967 Regulations, with particular reference to Classes 1 and 19, Part II of the Third Schedule to the 1977 Regulations, with particular reference to Classes 1 and 19, Part II of the Second Schedule to the 1994 Regulations, with particular reference to Classes 8 and 12, and Part 2 of Schedule 2 to the Planning and Development Regulations, 2001, with particular reference to Classes 8 and 12:
AND WHEREAS An Bord Pleanála has concluded that-
(a) since the appointed day (namely October 1, 1964) there has been erected significant new, replacement, and extended advertisement structures, including changes to classes of advertisement structures on the Loop Line Bridge,
(b) the provision of all of the existing advertisement structures the subject of the referral constitutes ‘development’ for the purposes of the Planning Acts,
(c) excepting the ‘DART’ advertisement structure at the southern end of the western elevation of the Loop Line Bridge and the advertising structure on the Lower Gardiner Street elevation (site number 8), the provision of these advertisement structures constitutes development that is not exempted development,
(d) since the appointed day, significant new and extended external lighting has been erected over advertisement structures on the Loop Line Bridge,
(e) the provision of the external lighting constitutes ‘development’ for the purposes of the Planning Acts, and
(f) the external lighting, except in the case of the ‘DART’ sign constitutes ‘development’ that is not exempted development:
NOW THEREFORE the Board, in exercise of the powers conferred on it by 1963 s.5(3)(b) of the 2000 Act, hereby decides that-
(a) the advertisement structures on the bridge are development,
(b) excepting the ‘DART’ advertisement structure and the advertising structure on the Lower Gardiner Street elevation, the advertisement structures are not exempted development, and
(c) the external lighting on the Loop Line Bridge is development and excepting the external lighting over the ‘DART’ sign is not exempted development.
Dated March 18, 2004
RF.06S.0782
COUNTY SOUTH DUBLIN
WHEREAS a question has arisen as to whether the replacement of a painted advertisement (which was erected in 1990) with a smaller advertising billboard at Clinton’s shop, Ballydowd Lucan, County Dublin is or is not development or exempted development within the meaning of the Local Government (Planning and Development) Act, 1963 to 1993:
AND WHEREAS the said question was referred to An Bord Pleanála by Roadshow Advertising Limited of 29 Templeville Road, Templeogue, Dublin on the 30th day of August, 1996:
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 10 and 11 of the Local Government (Planning and Development) Regulations, 1977, and
(c) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the painted advertisement formerly located on the gable wall of the shop constituted a material change in the use of the land which constituted development and was not authorised by a grant of planning permission, having regard particularly to section 3(2) (a) of the 1963 Act.
(b) the replacement of the painted advertisement with the said advertising billboard constituted a material change in the use of the land which constituted development,
(c) the painted advertisement and the advertising billboard did not come within the scope of section 4 of the 1963 Act,
(d) the painted advertisement did not come within the scope of article 10(2) (a) of the 1977 Regulations, and in particular, did not comply with the conditions specified in Column 2 opposite the mention of Classes 3 and 13 of Part II of the Third Schedule to these Regulations, and
(e) the advertising billboard does not come within the scope of article 9(2) (a) (i) 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 replacement of the said painted advertisement with the said smaller advertising billboard is development and is not exempted development.
Dated this 13th day of February 1997 ´
28.RF.0869
CORK COUNTY BOROUGH
WHEREAS a question has arisen as to whether the erection of three advertising hoardings located within the outer boundary of the car park at Merchants Quay Car Park, off Parnell Place, Cork is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Cork Corporation on the 27th day of July, 1998:
AND WHEREAS the said advertising hoardings were erected prior to December 1991:
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 10 and 11 of the Local Government (Planning and Development) Regulations, 1977, with particular reference to Class 18 of Part II of the Third Schedule to these Regulations:
AND WHEREAS An Bord Pleanála has concluded that the erection of the said three advertising hoardings does not come within the scope of Class 18 of Part II of the Third Schedule to the 1977 Regulations, having regard particularly to the fact that it is considered that the advertisements exhibited on the said three hoardings are readily visible from land outside the enclosure wherein they are exhibited:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that the erection of the said three advertising hoardings is not exempted development.
Dated this 26th Day of November 1998.
13.RF.0784
COUNTY LIMERICK
WHEREAS a question has arisen as to whether the erection of four advertising structures located within the car park at Crescent Shopping Centre, Dooradoyle, Limerick 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 by Limerick County Council on the 18th day of September, 1996:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to —
(a) sections 3 and 4 of the 1963 Act,
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994:
AND WHEREAS An Bord Pleanála has concluded that the erection of the said advertising structures is not exempted development by reference to section 4 of the 1963 Act or any provision of the regulations made thereunder. In particular, the erection of the said advertising structures does not come within the scope of Class 7 of Part II of the Second Schedule to the 1994 regulations, because advertisements exhibited on the structures are readily visible from land outside the enclosure wherein they are exhibited.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by Section 5 of the 1963 Act, hereby decides that the erection of the said advertising structures is not exempted development.
Dated this 17th day of January 1997
29S.RL.2217
DUBLIN CITY
WHEREAS a question has arisen as to whether the erection of four number illuminated billboards at Saint John’s Road, Heuston Station, Dublin is or is not development and is or is not exempted development:
AND WHEREAS An Taisce care of John Stewart of Harbour Village, Circular Road, Dunmore East, County Waterford requested a declaration on the question from Dublin City Council and no declaration issued by the planning authority:
AND WHEREAS the said An Taisce referred the question for decision to An Bord Pleanála on January 6, 2005:
AND WHEREAS An 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,
(b) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(c) articles 9 to 12 of the Local Government (Planning and Development) Regulations, 1977, with particular reference to article 10,
(d) articles 5 to 11 of the Planning and Development Regulations, 2001, with particular reference to article 9(1)(a)(viii),
(e) Part I of the Third Schedule to the 1977 Regulations, with particular reference to Class 19,
(f) Part 1 of Schedule 2 to the 2001 Regulations, with particular reference to Class 23,
(g) Part II of the Third Schedule to the 1977 Regulations, with particular reference to Classes 1 and 19,
(h) Part 2 of Schedule 2 to the 2001 Regulations, with particular reference to Classes 8 and 12, and
(i) the submissions of the parties to the referral in relation to the provision of advertisement structures on the site before and since the appointed day (namely, October 1, 1964):
AND WHEREAS An Bord Pleanála has concluded that—
(a) since the appointed day, advertisement structures and replacement advertisement structures have been erected on the site,
(b) the said advertisement structures constituted “development”, being “works” within the meaning of section 3 of the Local Government (Planning and Development) Act, 1963, as amended,
(c) the said advertisement structures were not exempted development, as they did not come within the scope of Class 19 (Part I), or Class 1 or Class 19 (Part II) of the Third Schedule to the Local Government (Planning and Development) Regulations, 1977, and
(d) the replacement of the original structures constitutes development that is not exempted development:
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 the said erection of four number illuminated billboards at Saint John’s Road, Heuston Station, Dublin is development and is not exempted development.