Exempt Rural Works
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:
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(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,
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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.
Minor works and structures
CLASS 3
Works relating to the construction or maintenance of any gully, drain, pond, trough, pit or culvert, the widening or deepening of watercourses, the removal of obstructions from watercourses and the making or repairing of embankments in connection with any of the foregoing works.
CLASS 4
The construction, erection or maintenance of any wall or fence, other than a fence of sheet metal, or a wall or fence within or bounding the curtilage of a house.
1. The height of the wall or fence, other then a fence referred to in paragraph 2, shall not exceed 2 metres.
2. The height of any fence for the purposes of deer farming or conservation shall not exceed 3 metres.
Minerals and petroleum prospecting
CLASS 5
(a) The carrying out of works on any land for the purpose of minerals prospecting and the erection or placing on land of any structures required for that purpose, where the prospecting is carried out pursuant to and in accordance with the terms and conditions of a licence, lease or permission granted by the Minister for the Marine and Natural Resources under the Minerals Development Acts, 1940 to 1999.
(b) The carrying out of works on any land for the purpose of searching for petroleum and the erection or placing on land of any structures required for that purpose, where the searching is carried out pursuant to and in accordance with the terms and conditions of an exploration licence, a petroleum prospecting licence or a reserved area licence granted by the Minister for the Marine and Natural Resources under the Petroleum and Other Minerals Development Act, 1960 (No. 7 of 1960).
Agricultural Structures
CLASS 6
Works consisting of the provision of a roofed structure for the housing of cattle, sheep, goats, donkeys, horses, deer or rabbits, having a gross floor space not exceeding 200 square metres (whether or not by extension of an existing structure), and any ancillary provision for effluent storage.
1. No such structure shall be used for any purpose other than the purpose of agriculture.
2. The gross floor space of such structure together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 300 square metres gross floor space in aggregate.
3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution.
4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.
5. No such structure within 100 metres of any public road shall exceed 8 metres in height.
6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.
CLASS 7
Works consisting of the provision of a roofed structure for the housing of pigs, mink or poultry, having a gross floor space not exceeding 75 square metres (whether or not by extension of an existing structure), and any ancillary provision for effluent storage.
1. No such structure shall be used for any purpose other than the purpose of agriculture.
2. The gross floor space of such structure together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 100 square metres gross floor space in aggregate.
3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution.
4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.
5. No such structure within 100 metres of any public road shall exceed 8 metres in height.
6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.
8. Boundary fencing on any mink holding must be escape-proof for mink.
CLASS 8
Works consisting of the provision of roofless cubicles, open loose yards, self-feed silo or silage areas, feeding aprons, assembly yards, milking parlours or structures for the making or storage of silage or any other structures of a similar character or description, having an aggregate gross floor space not exceeding 200 square metres, and any ancillary provision for effluent storage.
1. No such structure shall be used for any purpose other than the purpose of agriculture.
2. The gross floor space of such structures together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 300 square metres gross floor space in aggregate.
3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and the Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution.
4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.
5. No such structure within 100 metres of any public road shall exceed 8 metres in height.
6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.
CLASS 9
Works consisting of the provision of any store, barn, shed, glass-house or other structure, not being of a type specified in class 6, 7 or 8 of this Part of this Schedule, and having a gross floor space not exceeding 300 square metres.
1. No such structure shall be used for any purpose other than the purpose of agriculture or forestry, but excluding the housing of animals or the storing of effluent.
2. The gross floor space of such structures together with any other such structures situated within the same farmyard complex or complex of such structures or within 100 metres of that complex shall not exceed 900 square metres gross floor space in aggregate.
3. No such structure shall be situated within 10 metres of any public road.
4. No such structure within 100 metres of any public road shall exceed 8 metres in height.
5. No such structure shall be situated within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
6. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.
CLASS 10
The erection of an unroofed fenced area for the exercising or training of horses or ponies, together with a drainage bed or soft surface material to provide an all-weather surface.
1. No such structure shall be used for any purpose other than the exercising or training of horses or ponies.
2. No such area shall be used for the staging of public events.
3. No such structure shall be situated within 10 metres of any public road, and no entrance to such area shall be directly off any public road.
4. The height of any such structure shall not exceed 2 metres.
Land Reclamation
CLASS 11
Development consisting of the carrying out of drainage and/or reclamation of wetlands
1. The area to be affected shall not exceed 0.1 hectares.
2. Where development has been carried out within a farm holding under this class, the total area of any such development taken together with the area of any previous such development within the farm holding shall not exceed the limits set out in 1. above.
Miscellaneous
CLASS 12
Works consisting of the provision of a roofed structure for housing grey-hounds, having a gross floor space not exceeding 50 square metres (whether or not by extension of an existing structure), and any ancillary provision for effluent storage.
1. No such structure shall be used for any purpose other than the keeping of greyhounds.
2. The gross floor space of such structure together with any other such structures situated within a premises or within 100 metres of that premises shall not exceed 75 square metres gross floor space in aggregate.
3. Effluent storage facilities adequate to serve the structure having regard to its size, use, location and the need to avoid water pollution shall be provided.
4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.
5. No such structure within 100 metres of any public road shall exceed 8 metres in height.
6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
CLASS 13
Works consisting of the provision, for any purpose in connection with the keeping of greyhounds, of a roofless hard-surfaced yard, or of a roofless hard-surfaced enclosed area, having an area not exceeding 100 square metres (whether or not by extension of an existing yard or area) and any ancillary provision for effluent storage.
1. The gross floor space of such structure or structures together with any other such structures situated within the same complex or within 100 metres of that complex shall not exceed 150 square metres gross floor space in aggregate.
2. Effluent storage facilities adequate to serve the structure having regard to its size, use, location and the need to avoid water pollution shall be provided.
3. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.
4. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
CLASS 16
Replacement of broadleaf high forest by conifer species.
The area involved shall be less than 10 hectares.
Peat extraction
CLASS 17
(a) Peat extraction in a new or extended area of less than 10 hectares, or
(b) Peat extraction in a new or extended area of 10 hectares or more, where the drainage of the bogland commenced prior to the coming into force of these Regulations.
Renewable Technologies
CLASS 18
(a) The construction, erection or placing within an agricultural holding of a structure for the purposes of housing a (fully enclosed) Combined Heat and Power system.
1. The gross floor area of the structure shall not exceed 300 square metres.
2. No such structure shall exceed 8 metres in height, or 40 metres in length.
3. No such structure shall be within:
(a) 10 metres of any public road.
(b) 100 metres of the nearest habitable house (other than the house of the person providing the structure) or any other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner, and, as appropriate, the occupier or person in charge thereof.
4. No such structure shall have more than 2 flues, neither of which shall exceed 16 metres in height from ground level.
5. The diameter of any flue shall not exceed 1 metre.
6. Noise levels must not exceed 43db(A) during normal operation, as measured at the party boundary.
7. Not more than one such structure shall be erected within the agricultural holding.
8. The structure shall be used for the purposes of housing a Combined Heat and Power unit only.
(b) The construction, erection or placing within an agricultural holding of a wind turbine.
1. The turbine shall not be erected on or attached to a building or other structure.
2. The total height of the turbine shall not exceed 20 metres.
3. The rotor diameter shall not exceed 8 metres.
4. The minimum clearance between the lower tip of the rotor and ground level shall not be less than 3 metres.
5. The supporting tower shall be a distance of not less than:
(a) one and a half times the total structure height (including the blade of the turbine at the highest point of its arc) plus 1 metre from any party boundary.
(b) The total structure height (including the blade of the turbine at the highest point of its arc) plus:
(i) 5 metres from any non-electrical overhead cables,
(ii) 20 metres from any 38kV electricity distribution line,
(iii)30 metres from the centreline of any electricity transmission line of 110kV or more.
6. The turbine shall not be located within:
(a) 100 metres of an existing wind turbine.
(b) 5 kilometres of the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation obstacle warning lighting.
7. Noise levels must not exceed 43db(A) during normal operation, as measured from the nearest habitable house.
8. Not more than one turbine shall be erected within the agricultural holding.
9. All turbine components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunication signals.
10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind turbine.
(c) The placing or erection on a roof or wall of an agricultural structure, or within the curtilage of an agricultural holding, or on a roof or wall of any ancillary buildings within the curtilage of an agricultural holding of a solar photo-voltaic and/or solar thermal collector installation.
1. Where such development is located within a solar safeguarding zone, the total aperture area of any solar photo-voltaic and/or solar thermal collector panels, taken together with any other such panels previously placed on a roof, shall not exceed 300 square metres.
2. Where such development is located within a solar safeguarding zone, the planning authority for the area shall be notified in writing no later than 4 weeks after the commencement of such development and such notification shall include details regarding the location and scale of the development.
3. The distance between the plane of the roof and the solar photo-voltaic or solar thermal collector panels shall not exceed 1.2 metres in the case of a flat roof or 15cm in any other case.
4. The solar photo-voltaic or solar thermal collector panels shall be a minimum of 2 metres in the case of a flat roof or 50cm in any other case from the edge of the roof on which it is mounted.
5. Development shall not be exempted development where the highest part of the solar photo-voltaic or solar thermal collector installation exceeds the highest part of any roof that is not a flat roof (excluding any chimney).
6. Any ancillary equipment associated with solar photo-voltaic or solar thermal collector panels shall not be placed or erected on a wall or any roof that is not a flat roof.
7. The height of any ancillary equipment associated with solar photo-voltaic or solar thermal collector panels on a flat roof shall not exceed 1.6 metres above roof level.
8. Any ancillary equipment associated with solar photo-voltaic or solar thermal collector panels on a flat roof shall be a minimum of 2 metres from the edge of the roof on which it is mounted.
9. The total aperture area of any wall mounted solar photo-voltaic and solar thermal collector panels taken together with any other such existing wall mounted panels shall not exceed 75 square metres.
10. The distance between the plane of the wall and the solar photo-voltaic or solar thermal collector panels shall not exceed 15cm.
11. The solar photo-voltaic or solar thermal collector panels shall be a minimum of 50cm from the edge of the wall on which it is mounted.
12. Any free-standing solar photo-voltaic or solar thermal collector installation shall not be placed or erected forward of the front wall of the nearest agricultural structure, within the curtilage of the agricultural holding, to a public road.
13. The total aperture area of any free-standing solar photo-voltaic and solar thermal collector panels taken together with any other such existing free-standing panels shall not exceed 75 square metres.
14. The height of any free-standing solar photo-voltaic or solar thermal collector installation shall not exceed 2.5 metres at its highest point above ground level.
15. The placing or erection of any free-standing solar photo-voltaic or solar thermal collector installation within an Architectural Conservation Area shall only be exempted development if those works would not materially affect the character of the area.
16. No sign, advertisement or object not required for the functioning or safety of the solar photo-voltaic or solar thermal collector installation shall be attached to or exhibited on such installation.
17. Development under this Class shall only be exempted development where the solar photo-voltaic or solar thermal collector installation is primarily used for the provision of electricity or heating for use within the curtilage of the agricultural holding, and shall not be considered a change of use for the purposes of the Act.
18. Development under this Class which causes hazardous glint and/or glare shall not be exempted development and any solar photo-voltaic or solar thermal collector panels which are causing hazardous glint and/or glare shall either be removed or be covered until such time as a mitigation plan to address the hazardous glint and/or glare is agreed and implemented to the satisfaction of the Planning Authority.
(d) The installation within an agricultural holding of a ground source heat pump system (horizontal and vertical) or air source heat pumps.
1. The level of the ground shall not be altered by more than 1 metre above or below the level of the adjoining ground.
2. The total area of any air source heat pumps shall not exceed 10 square metres.
3. The air source heat pump shall be a minimum of 50cm from the edge of the wall or roof on which it is mounted.
4. Noise levels must not exceed 43db(A) during normal operation, as measured from the nearest habitable house.
5. Distances from party boundaries and from the foundations of any structure or building shall be maintained in line with the Sustainable Energy Ireland Renewable Energy Information Office Procurement Guidelines on Heat Pump Systems for the time being in force.
(e) The provision as part of a heating system for an agricultural building of a biomass boiler, including a boiler house, flues mounted on the boiler house, and over-ground fuel storage tank or structure.
1. The gross floor space of the boiler house shall not exceed 20 square metres.
2. The capacity of the fuel storage tank or structure shall not exceed 75 cubic metres.
3. The height of a boiler house or fuel storage tank installed above ground level shall not exceed 3 metres.
4. The height of a flue mounted on a biomass unit shall not exceed 20 metres, measured from ground level.
6. Not more than one such structure shall be erected within the agricultural holding.
7. The diameter of any flue shall not exceed 1 metre.
8. The boiler house shall not be located within:
(a) 10 metres of any public road,
(b) 100 metres of the nearest habitable house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
9. Noise levels must not exceed 43db(A) during normal operation, as measured from the site boundary.
10. The fuel shall not include products derived from wood containing dangerous substances.
Temporary Structures and Uses
CLASS 19
The erection of a mast for mapping meteorological conditions.
1. No such masts shall be erected for a period exceeding 15 months in any 24 month period.
2. The total mast height shall not exceed 80 metres.
3. The mast shall be a distance of not less than:
(a) the total structure height plus:
(i) 5 metres from any party boundary,
(ii) 20 metres from any non-electrical overhead cables,
(iii) 20 metres from any 38kV electricity distribution lines,
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(iv) 30 metres from the centrelines of any electricity transmission lines of 110kV or more.
(b) 5 kilometres from the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation obstacle warning lighting.
4. Not more than one such mast shall be erected within the site.
5. All mast components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunications signals.
6. No sign, advertisement or object, not required for the functioning or safety of the mast shall be attached to or exhibited on the mast.
Rainwater Harvesting
CLASS 20
Works consisting of the provision of a tank or tanks for the storage of rainwater collected from the roofs of agricultural buildings and any ancillary equipment to collect and distribute the rainwater.
1. No such structure situated fully underground shall exceed 10 metres in length, 5 metres in width or 4 metres in depth.
2. No such structure that is totally or partially above ground shall exceed 5 metres in length, 5 metres in width or 4 metres in height.
3. All such structures shall have a solid, impervious roof.
4. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure
S.5 Declarations
03.RL.3513
Clare County
WHEREAS a question has arisen as to whether—
(i) the construction of an agricultural storage shed of circa 265 square metres, which is located on a sensitive, open and exposed landscape, on a designated scenic route on the Loop Head peninsula, and adjacent to a designated Heritage Landscape, and
(ii) access to this shed via an entrance from the R487,
at Kiltrellig, Kilbaha, Kilrush, County Clare is or is not development or is or is not exempted development: AND WHEREAS Margaret and Henry Kennaugh care of Downey Planning of 1 Westland Square, Pearse Street, Dublin requested a declaration on the said question from Clare County Council and the said Council issued a declaration on the 26th day of October 2016 stating that the said construction of an agricultural storage shed is development and is exempted development, and the said access to this shed is development and is not exempted development:
AND WHEREAS the said Margaret and Henry Kennaugh referred the declaration for review to An Bord Pleanála on the 15th day of November, 2016:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2(1), 3(1), and 4(1)(a) of the Planning and Development Act 2000, as amended,
(b) articles 6(1), 6(3) and 9(1) of the Planning and Development Regulations 2001, as amended,
(c) Parts 1 and 3 of Schedule 2, and Class 9, Part 3 of Schedule 2 to the said Regulations, and the conditions and limitations of this class,
(d) the planning history of the site and the farm complex,
(e) the location of the site proximate to a designated Heritage Landscape and scenic route as it applies to the R487, as set out in the Clare County Development Plan 2017-2023, and
(f) the report of the Planning Inspector:
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 agricultural storage shed has a gross floor space which exceeds 300 square metres, therefore it does not comply with condition and limitation number 1 set out in Class 9(2) of Part 3 of Schedule 2 to the Planning and Development Regulations 2001, as amended,
(c) in view of the planning history of the site, including the previous reason for refusal by An Bord Pleanála (appeal reference number PL 03.245604), it is considered that the agricultural shed, by reason of its size and location, would interfere with the character of the proximate Heritage Landscape, which it is necessary to preserve, and the scenic route the preservation of which is an objective set out in the Clare County Development Plan 2017-2023 and would, therefore, come within the restriction on exemption in article 9(1)(a)(vi) of the said Regulations, and
(d) the works relative to the entrance come within the restrictions on exempted development contained in article 9(1)(a)(ii) of the said Regulations as the entrance comprises the formation of a means of access to a public road the surfaced carriageway of which exceeds four metres in width:
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—
(i) the said construction of an agricultural storage shed (which is excess of 300 square metres) and is located on a sensitive, open and exposed landscape, on a designated scenic route on the Loop Head peninsula, and adjacent to a designated Heritage Landscape is development and is not exempted development, and
(ii) the said access to this shed via an entrance from the R487,
at Kiltrellig, Kilbaha, Kilrush, County Clare 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 this 19th day of December 2017
19.RL.3016
OFFALY COUNTY
WHEREAS questions have arisen as to whether—
(a) the existing farm complex comprising six number agricultural structures (sheds A, B, C, D, E and F),
(b) the use of part of an agriculture structure (shed E) as an office,
(c) the use of the farm complex for a potato services business,
(d) the sale of agricultural machinery, and its storage for the purpose of sale, all at Annagharvey, Tullamore, County Offaly are or are not development and are or are not exempted development:
AND WHEREAS Alan Gethings, care of Brian P. Adams and Company of Cormac Street, Tullamore, County Offaly requested a declaration on the question from Offaly County Council and no declaration was issued by the planning authority:
AND WHEREAS the said Alan Gethings referred the question for decision to An Bord Pleanála on the 22nd day of June, 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(3), 9(1), 10(1) of the Planning and Development Regulations, 2001,
(c) classes 6, 8 and 9 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001,
(d) Sections 2, 3 and 4 of the Local Government (Planning and Development) Act, 1963, as amended,
(e) Article 3(4) of the Local Government (Planning and Development) Act, 1963 (Exempted Development) Regulations, 1964,
(f) Classes 7, 8 and 9 of Part III of the Third Schedule of the Local Government (Planning and Development) Regulations 1977, as amended by the insertion of new classes 7, 8 and 9 by paragraph 7 of the Local Government (Planning and Development) (Exempted Development and Amendment) Regulations 1984,
(g) the nature and limited scale of the use of the farmyard complex for a potato services business, and
(h) the submissions on file.
AND WHEREAS An Bord Pleanála has concluded that—
(a) sheds B and E are pre-October 1, 1964 structures,
(b) the provision of sheds A, D, F and the extended shed C entailed the carrying out of works that is development,
(c) shed C, as extended, does not come within the within the scope of Class 7 of Part III of the Third Schedule of the Local Government (Planning and Development) Regulations 1977 as amended by the insertion of new classes 7, 8 and 9 by paragraph 7 of Local Government (Planning and Development) (Exempted Development and Amendment) Regulations 1984, by reason of its floor area which exceeds 300 square metres,
(d) shed F does not come within the scope of Class 9 of Part 3 of Schedule 2 of the Planning and Development Regulations 2001, by reason of its floor area which exceeds 300 square metres,
(e) shed D comes within the scope of Class 9 of Part 3 of Schedule 2 of the Planning and Development Regulations 2001, but by reason of aggregate floor area of the structure taken with other similar structures, namely sheds E and F, which exceeds 900 square metres, does not come within Condition and Limitation number 2 of that class,
(f) shed A comes within the scope of Class 6 of Part 3 of Schedule 2 of the Planning and Development Regulation 2001, but by reason of the aggregate floor area of the structure taken with other similar structures, namely sheds B and C, which exceeds 300 metres, does not come within Condition and Limitation number 2 of that class,
(g) the use of part of an agricultural structure (shed E) as an office within the farmyard complex is ancillary to and associated with agricultural operations on this landholding, and comes within the scope of section 4(1)(a) of the Planning and Development Act 2000, as amended,
(h) the use of the farm complex for a potato services business by Potato Services Ireland is ancillary to the agricultural use of the landholding and to the use of the farmyard complex, and comes within the scope of section 4(1)(a) of the Planning and Development Act 2000, as amended, and
(i) the sale of agricultural machinery, and its storage for the purpose of sale, is development, and does not come within the scope of section 4(1)(a) of the Planning and Development Act 2000, as amended, or within the scope of article 10(1) of the Planning and Development Regulations of 2001.
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) the provision of two agricultural structures, sheds B and E, were constructed prior to the 1st day of October, 1964, pre-date the Planning Acts, and are not development,
(b) the provision of the extended agricultural structure, shed C, is development within the meaning of section 3(1) of the Planning and Development Act, 2000, and is not exempted development within the context of article 6(3) or article 10(1) of the Planning and Development Regulations 2001, as amended,
(c) the provision of three agricultural structures, sheds A, D and F, is development within the meaning of Section 3(1) of the Planning and Development Act, 2000, and is not exempted development within the context of article 6(3) or article 10(1) of the Planning and Development Regulations 2001,
(d) the use of part of an agricultural structure (shed E) as an office within the farmyard complex is ancillary to and associated with agricultural operations on this landholding and is not development,
(e) the use of the farm complex for a potato services business is ancillary to the agricultural use of the landholding and to the use of the farmyard complex, and is not development, and
(f) the sale of agricultural machinery, and its storage for the purpose of sale, is development within the meaning of Section 3(1) of the Planning and Development Act, 2000, and is not exempted development within the context of article 6(3) or article 10(1) of the Planning and Development Regulations 2001.
Dated March 20, 2013.
17.RL.2835
MEATH COUNTY
Planning Authority Reference Number: TA/S51037
WHEREAS a question has arisen as to whether the use of agricultural sheds to store organic fertiliser (sludge from municipal wastewater treatment plants) at Colehill, Ballinabrackney, County Meath is or is not development and is or is not exempted development:
AND WHEREAS Clearpower Limited of Unit 1, Blessington Business Park, Blessington, County Wicklow requested a declaration on the said question from Meath County Council and the said Council issued a declaration on the 29th day of November, 2010 stating that the said matter is development:
AND WHEREAS the said Clearpower Limited referred the declaration for review to An Bord Pleanála on the 24th day of December, 2010:
AND WHEREAS An Bord Pleanála, 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) Article 6 (3) of the Planning and Development Regulations, 2001 (as amended),
(c) Classes 6 and 9 of Part 3 of Schedule 2 to the said Regulations, and
(d) the nature of the material, which has a high water content and has not been subject to any significant treatment/stabilisation:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the untreated sludge from a municipal wastewater treatment plant is a waste by-product,
(b) the change of use of sheds for agricultural use to use for the storage of such a waste by-product imported from municipal wastewater treatment plants constitutes a material change of use and is, therefore, development, and
(c) the said development does not come within the scope of the exempted development provisions of section 4 of the Planning and Development Act, 2000, as amended, and the regulations made thereunder.
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 use of agricultural sheds to store organic fertiliser (sludge from municipal wastewater treatment plants) at Colehill, Ballinabrackney, County Meath is development and is not exempted development:
Dated May 10, 2011
15.RF.1029
LOUTH COUNTY
WHEREASa question has arisen as to whether the installation of G.S.M. antennae on an agricultural silo at Drumleck House, Castlebellingham, County Louth is or is not development or exempted development.
AND WHEREASthe said question was referred to An Bord Pleanála by Declan Brassil and Company Limited of 4 Cloncourt, Main Street, Clonee, County Meath on behalf of Eircell 2000 plc on July 12, 2001.
AND WHEREASAn 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 9 and 10 of the Local Government (Planning and Development) Regulations 1994 with particular reference to class 29 of Part 1 of the Second Schedule to the Regulations, as amended by article 4 of the Local Government (Planning and Development) Regulations 1997.
AND WHEREASAn Bord Pleanála has concluded that –
(a) the placing of the said antennae on the agricultural silo constitutes works which come within the meaning of “development” in section 3(1) of the 1963 Act,
(b) the works involved, not consisting of the carrying out of works for the maintenance, improvement or other alteration of the structure, do not come within the scope of section 4(1)(g) of the Act,
(c) the works do not come within the scope of class 29 of Part 1 of the Second Schedule to the Local Government (Planning and Development) Regulations 1994, as amended, and
(d) the placing of the said antennae on the agricultural silo to facilitate mobile telephony constitutes a material change in the use of the land which also comes within the meaning of “development”.
NOW THEREFOREAn 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 G.S.M. antennae on the agricultural silo at Drumleck House, Castlebellingham, County Louth is development and is not exempted development.
Dated October 18, 2002.
D 001/05 04.RL.2229
CORK COUNTY
WHEREAS a question has arisen as to whether the construction of an agricultural shed not exceeding 200 square metres, 8 metres in height with access via an existing track is or is not development or is or is not exempted development at Rochestown Road, County Cork:
AND WHEREAS Liam Davis care of McCutcheon Mulcahy of 2/3 Crawford Business Park, Proby’s Quay, Cork requested a declaration on the said question from Cork County Council and the said Council issued a declaration on February 7, 2005 stating that the construction of the said agricultural shed was development and was not exempted development:
AND WHEREAS the said Liam Davis referred the declaration for review to An Bord Pleanála on March 1, 2005:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(c) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) Articles 6 and 9(1)(a)(ii, iii and vi) of the Planning and Development Regulations 2001, and
(c) Class 6 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001:
AND WHEREAS An Bord Pleanála has concluded that—
(1.) The construction of the agricultural shed comes within the scope of Class 6 and satisfies the conditions and limitations set out in Column 2 opposite the mention of Class 6, but
(2.)
(1) comes within the restriction on exemption under Article 9(1)(a)(ii) as the development involves the material widening of a means of access to a public road, the surfaced carriageway of which exceeds four metres in width,
(2) comes within the restriction on exemption under Article 9(1)(a)(iii) as the traffic turning movements generated on the R610 Regional Road by the proposed development would endanger public safety by reason of traffic hazard, and
(3) comes within the restriction on exemption under Article 9(1)(a)(vi) as the proposed agricultural shed would interfere with the character of the landscape, the preservation of which is an objective of the current Cork County Development Plan.
NOW THE REFORE An Bord Pleanála, in exercise of the powers conferred on it by section.5 of the 2000 Act, hereby decides that the said construction of an agricultural shed not exceeding 200 square metres in area, 8 metres in height with access via an existing track at Rochestown Road, County Cork is development and is not exempted development
Dated July 4, 2005
RF.16.0806
COUNTY MAYO
WHEREAS a question has arisen as to whether agricultural development comprising a slatted house, yard/cattle crush and silage slab at Carrowcushlaun, Ballina, Co. Mayo is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Valerie Neary of 19 Healy Terrace, Ballina, Co. Mayo on the 3rd day of February, 1997:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to-
(a) section 4 of the Local Government (Planning and Development) Act 1963, and
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations 1994 with particular reference to Classes 6 and 7 of Part III of the Second Schedule to these Regulations:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the slatted house and ancillary effluent storage facilities come within the scope of article 9(3) of the 1994 Regulations and, in particular, Class 6 of Part III of the Second Schedule to these Regulations, and
(b) the yard/cattle crush and silage slab do not come within the scope of Class 7 of Part III of the Second Schedule to the 1994 Regulations because the aggregate floor area of these works exceeds 300 square metres:
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 slatted house is exempted development, and
(b) the yard/cattle crush and silage slab are not exempted development,
Dated this 30th day of July 1997
ABP-309837-21
Dun Laoghaire Rathdown County Council.
WHEREAS by order dated the 30th day of August, 2016, An Bord Pleanala, under appeal reference number PL 06D.246501 (planning register reference number D15A/0453), granted subject to conditions a permission to Luke Comer care of Manahan Planners of 38 Dawson Street, Dublin for development comprising development of a centre of excellence for equine breeding and training, on a site to the rear (west/northwest of) and adjacent to Kilternan Hotel, Aparthotel and Sports Complex at Kilternan, County Dublin, incorporating part of the former Kilternan golf course and adjacent agricultural lands. The development will consist of:- (1) a stable building over three floors incorporating 74 number horse boxes, drying and clearing room, veterinary clinic, office, lift and w.c. at ground floor level, 86 number horse boxes, sick rooms, store, cleaning, drying and tack rooms at first floor level and 36 number self-contained studio/ dorm rooms, internal and external track viewing areas at second floor level, (2) a gallops circa 1.6 kilometres in length, (3) parade circuit, (4) equine pool, (5) three bay agricultural shed and (6) car parking, access road, gabion retaining walls, landscaping, boundary treatment and all associated site development works and services. The proposed development may be considered to be within the curtilage or attendant grounds of Kilternan Golf and Country Club (formerly Springfield House) a Protected Structure (RPS number 1861), which is part of the adjacent hotel complex, but no works to the protected structure are proposed:
AND WHEREAS condition number 15 attached to the said permission required the developer to pay an unspecified financial contribution to Dun Laoghaire-Rathdown County Council in respect of public infrastructure and facilities benefitting development in the area of Dun Laoghaire- Rathdown County Council in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000, as amended, and provides that details of the application of the terms of the Scheme shall be agreed between Dun Laoghaire-Rathdown County Council and the developer or, in default of agreement, the matter was to be determined by An Bord Pleanala:
AND WHEREAS the developer and the planning authority failed to agree on details of the application of the terms of the Development Contribution Scheme and the matter was referred by the developer to An Bord Pleanala on the 26th day of March, 2021 for determination:
NOW THEREFORE An Bord Pleanala, in exercise of the powers conferred on it by section 34(5) of the Planning and Development Act, 2000, as amended, and based on the Reasons and Considerations set out below, hereby determines that the planning authority had reasonably concluded that the 36 number self-contained studio/ dorm rooms within the permitted development comprised residential development for the purposes of applying a development contribution in accordance with the Development Contribution Scheme and that the amount payable within the terms and conditions of the permission under condition number 15 is €323,418.42 (three hundred and twenty three thousand, four hundred and eighteen euro, forty two cent) in accordance with the terms and conditions of the Development Contribution Scheme applicable at the date of grant of permission.
Reasons and Considerations
The Board had regard to:
(a) sections 34(5) and 48 of the Planning and Development Acts 2000 as amended,
(b) the provisions of the Dun Laoghaire-Rathdown County Council Section 48 Development Contribution Scheme adopted by Dun Laoghaire Rathdown County Council on 14th December, 2015,
(c) the current Dun Laoghaire-Rathdown County Development Plan,
(d) the submissions on file,
(e) the planning history of the site, and
(f) the report of the Inspector.
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 22nd day of April 2022
ABP-310682-21
Donegal County Council Planning Register
WHEREAS a question has arisen as to whether (i) the placement of mounds of stones and soil on land within Folio DL42379F and (ii) the placement of up to seven trailers and other agricultural hardware on land within Folio DL42379F at Arbane, Downings, County Donegal is or is not development or is or is not exempted development:
AND WHEREAS Anne Murray of Ardbane, Downings, County Donegal requested a declaration on the said question from Donegal County Council and the said Council issued a declaration on the 11 th day of June, 2021 stating that the said matter is development and is exempted development:
AND WHEREAS Anne Murray referred the declaration for review to An Bord Pleanala on the 25th day of June, 2021: AND WHEREAS An Bord Pleanala, 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, as amended,
(c) Section 3(2)(b)(iii) of the Planning and Development Act 2000, as amended,
(d) Section 4(1)(a) of the Planning and Development Act 2000, as amended,
(e) Section 4(1)U) of the Planning and Development Act 2000, as amended,
(f) article 6(1) and article 9(1) of the Planning and Development Regulations 2001, as amended,
(g) Parts 1 and 3 of Schedule 2 to the Planning and Development Regulations 2001, as amended, and
(h) the planning history of the site,
AND WHEREAS An Bord Pleanala has concluded that –
(a) the placement of soil and stone mounds on land within Folio DL42379F is consistent with the placement of debris and, in the context of Section 3(2)(b)(iii) of the Planning and Development Act 2001, as amended, constitutes a material change in the use of the land,
(b) the placement of up to seven trailers and other agricultural hardware on land within Folio DL42379F is consistent with the placement of vehicles on land and, in the context of Section 3(2)(b)(iii) of the Act, constitutes a material change in the use of the land,
(c) Section 4(1)(a) of the Planning and Development Act 2000, as amended, does not apply as there is no evidence of ongoing agricultural activity at the site, and
(d) Section 4(1)U) of the Planning and Development Act 2000, as amended, does not apply as the site is not within the curtilage of a house and the use is not incidental to the enjoyment of a house,
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 (i) the placement of mounds of stones and soil on land within Folio DL42379F and (ii) the placement of up to seven trailers and other agricultural hardware on land within Folio DL42379F at Arbane, Downings, County Donegal is development and is not exempted development.
Dated this 30th day of June 2022
ABP-305804-19
Westmeath County Council
WHEREAS a question has arisen as to whether the construction of agricultural steel shed with paint finish corrugated panels to roof and wall 9 metres by 12 metres by 3.6 metres eaves height and yard in the back field, extension of access lane 3.4 metres wide to existing lane and existing entrance gate to road for making, crushing and bagging for agricultural and horticultural use at Liosúl Cottage, Gigginstown, Mullingar, County Westmeath is or is not development or is or is not exempted development:
AND WHEREAS Emer O’Siochru of 39 Windsor Road, Rathmines, Dublin requested a declaration on this question from Westmeath County Council and the said Council issued a declaration on the 4th day of October, 2019 stating that the said matter is development and is not exempted development:
AND WHEREAS Emer O’Siochru referred the declaration for review to An Bord Pleanála on the 25th day of October, 2019:
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 and Schedule 2 of the Planning and Development Regulations, 2001, as amended,
(c) the planning history of the site,
(d) the submissions on file, and
(e) the report of the Inspector:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the construction of a shed and yards, and the extension of an access lane is development,
(b) the use of the shed and yards areas for the production and sale of biochar, as described in the documentation submitted with the referral, does not constitute an agricultural use as defined in the relevant planning legislation,
(c) the construction of a shed to facilitate the production and sale of biochar does not comply with Limitation number 1 of Class 9, Part 3 of Schedule 2 to the Planning and Development Regulations, 2001, (as amended), as the shed would be used for a purpose other than agriculture,
(d) The construction of yards and an access lane extension related to the production and sale of biochar, does not comply with Limitation number 1 of Class 8, Part 3 of Schedule 2 to the Planning and Development Regulations 2001 (as amended), as the yards and lane would be used for a purpose other than agriculture,
(e) No other exemptions are available within the planning legislation for the construction and use of the shed, yards and lane extension, as described in the documentation submitted with the referral:
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 agricultural steel shed with paint finish corrugated panels to roof and wall 9 metres by 12 metres by 3.6 metres eaves height and yard in the back field, extension of access lane 3.4 metres wide to existing lane and existing entrance gate to road for making, crushing and bagging for agricultural and horticultural use at Liosúl Cottage, Gigginstown, Mullingar, County Westmeath is development and is not exempted development.
Dated this 18th day of June 2020
ABP-309911-21
Kerry County Council
WHEREAS a question has arisen as to whether the construction of a farm storage shed at Ardmore, Sneem, County Kerry is or is not development or is or is not exempted development:
AND WHEREAS Diarmuid Breen care of Frank Coffey of Daly’s Lane, Killorglin, County Kerry requested a declaration on the said question from Kerry County Council and the Council issued a declaration on the 8thday of March, 2021 stating that the matter was development and was not exempted development:
AND WHEREAS Diarmuid Breen referred the declaration for review to An Bord Pleanala on the 6th day of April, 2021:
AND WHEREAS An Bord Pleanala, in considering this referral, had regard particularly to –
(a)Sections 2, 3 and 4(1)(a) of the Planning and Development Act, 2000, as amended,
(b)Articles 6(3) and 9(1) of the Planning and Development Regulations 2001, as amended,
(c)Part 3 of Schedule 2 to those Regulations,
(d)the planning history of the site, and
(e)the nature and extent of the works:
AND WHEREAS An Bord Pleanala has concluded that –
(a)The works of construction of a farm storage shed come within the scope of ‘development’ as set out in Section 3 of the Planning and Development Act 2000, as amended.
(b)The proposed agricultural storage shed would come within the scope of exemption provided at Class 9 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001, as amended.
(c)The proposed development would endanger public safety by reason of traffic hazard or obstruction of road users and would therefore be restricted by the terms of Article 9(1)(a)(iii) 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 construction of a farm storage shed at Ardmore, Sneem, County Kerry at Ardmore, Sneem, County Kerry 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 this 3rd day of March 2022
ABP-311137-21
Wicklow County Council
WHEREAS a question has arisen as to whether or not the construction of an agricultural building on lands at Bauyreagh, Enniskerry, County Wicklow is or is not development or is or is not exempted development:
AND WHEREAS William and Susan Allen care of Michael J. Murray of ‘Ventnor’, 1 Loreto Avenue, Bray, County Wicklow requested a declaration on the said question from Wicklow County Council and the said Council issued a declaration on the 22nd day of July, 2021 stating that the said matter is development but is not exempted development:
AND WHEREAS William and Susan Allen of Ballyreagh, Enniskerry, County
Wicklow referred the declaration for review to An Bord Pleanala on the 13th day of August, 2021:
AND WHEREAS An Bord Pleanala, 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, as amended,
(c) Section 4(1)(a) of the Planning and Development Act, 2000, as amended,
(d) Article 6(1) and Article 9(1) of the Planning and Development Regulations, 2001, as amended,
(e) Part 3 of Schedule 2, Classes 6, 8 and 9 to the Planning and Development Regulations, 2001, as amended,
(f) the planning history of the site, and
(g) the pattern of development in the area:
AND WHEREAS An Bord Pleanala 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, (as amended),
(b) the agriculture structure as described by the referrer is be used for the storage of agricultural machinery, animal foodstuffs and bedding and for the housing of horses and/or sheep,
(c) the development as described does not come within the scope of exempt agricultural structures provided for in either Class 6, 8 or 9, Part 3 of Schedule 2, of the Planning and Development Regulations, 2001, as amended, and
(d) there is no other provision in the legislation to exempt the agricultural structure as described:
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 agricultural building on lands at Ballyreagh, Enniskerry, 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 this 3rd day of May 2022
ABP-312387-22
Fingal County Council Planning Register
WHEREAS a question has arisen as to whether the development of an agricultural shed/barn at Shallon Lane, The Ward, County Dublin is or is not development or is or is not exempted development:
AND WHEREAS Kenneth McCarthy of Shallon Lane, The Ward, County Dublin requested a declaration on this question from Fingal County Council and the Council issued a declaration on the 2nd day of December, 2021 stating that the matter was development and was not exempted development:
AND WHEREAS Kenneth McCarthy referred the declaration for review to An Bord Pleanala on the 6th day of January, 2022:
AND WHEREAS An Bord Pleanala, in considering this referral, had regard particularly to –
(a) Sections 2(1), 3(1) and 4(1)(a) 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 3 of Schedule 2, Class 9 to those Regulations,
(d) the planning history of the site, and
(e) the pattern of development in the area:
AND WHEREAS An Bord Pleanala has concluded that the proposed development has not been shown to be used for the purposes of any agricultural or forestry activity and, therefore, could not be considered to come within the scope of Class 9, Part 3 of Schedule 2 of the Planning and Development Regulations 2001, as amended:
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 development of an agricultural shed/barn at Shallon Lane, The Ward, County Dublin is development and is not exempted development.
Dated this 10th day of August 2022
07.RL.3496
Galway County
WHEREAS a question has arisen as to whether the reduction in height of an agricultural structure and the retention of the modified building at Formina Village, Inis Oirr, County Galway is or is not development or is or is not exempted development:
AND WHEREAS Stiofan Seoige care of O’Flynn Architects of Lower Eyre Street, Newbridge, County Kildare requested a declaration on this question from Galway County and the Council issued a declaration on the 29th day of June, 2016 stating that the matter is not exempted development:
AND WHEREAS Stiofan Seoige referred the declaration for review to An Bord Pleanála on the 18th day of July, 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 in particular section 4(4),
(b) Articles 6 and 9(1)(a), (viiB) and (viiC) of the Planning and Development Regulations 2001, as amended,
(c) Class 6, Part 3 of Schedule 2 to the Planning and Development Regulations 2001, and in particular Conditions and Limitations number 3 of that Class, and
(d) the nature and extent of the development that has taken place that is the subject matter of the declaration and referral:
AND WHEREAS An Bord Pleanála has concluded that:
(a) the construction of the structure comprises works, as defined in the Act, and therefore constitutes development,
(b) the structure is located within the Inisheer Island Special Area of Conservation (Site Code 001275), and has been constructed on lands where there is Limestone Pavement, which is an Annex I priority habitat, and which is one of the qualifying interests for that European site,
(c) the Board, as the relevant competent authority in relation to appropriate assessment, has determined that an appropriate assessment would have been required prior to the construction of the subject development,
(d) the structure, which it is stated is intended to be used for the housing of sheep, goats or donkeys, would generally come within the scope of Class 6, Part 3 of Schedule 2 to the Planning and Development Regulations 2001, but does not comply with Conditions and Limitations number 3 of this Class, and
(e) having regard to the fact that an appropriate assessment would have been required prior to the construction of the subject development, the development is not exempted development by reason of section 4 (4) of the Planning and Development Act, 2000, as amended, and by reason of Article 9 (1) (a), (viiB) 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 Planning and Development Act, 2000, as amended, hereby decides that the reduction in height of an agricultural structure and the retention of the modified building at Formina Village, Inis Oirr, County Galway is development and is not exempted development. Dated this 6th day of February 2017.
11.RL.3074
Laois County
WHEREAS a question has arisen as to whether works comprising the construction of agricultural stables at Derrycloney, Mountmellick, County Laois is or is not development or is or is not exempted development:
AND WHEREAS Patrick Horan care of Seán Lucy and Associates Limited of 23E Lough Sheever Corporate Park, Mullingar, County Westmeath requested a declaration on the said question from Laois County Council and the said Council issued a declaration on the 15th day of January, 2013 stating that the said matter is not exempted development:
AND WHEREAS the said Patrick Horan referred the declaration for review to An Bord Pleanála on the 7th day of February, 2013:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Sections 2, 3, 4 and 34 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 6 of Part 3 of Schedule 2 of the said Regulations, and
(d) the location of the development within a Special Area of Conservation site code 2162 and the potential for significant effects on that site:
AND WHEREAS An Bord Pleanála has concluded that
(a) the development, either individually or in combination with other projects, would be likely to have a significant effect on the integrity of the said Natura 2000 site (SAC code 2162, River Barrow and River Nore) and, therefore, requires an Appropriate Assessment, and
(b) the development comes within the scope of Sections 4(4) and 34(12) 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 said works comprising the construction of agricultural stables at Derrycloney, Mountmellick, County Laois is development and is not exempted development.
Dated August 14, 2013.
05D.RL.2876
DONEGAL COUNTY
Planning Authority Reference Number: UDLY08/01
WHEREAS a question has arisen as to whether the construction of an agricultural shed within 12 metres from the edge of the National Primary Road (N13) at Dooballagh, Letterkenny, County Donegal is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Donegal County Council of Letterkenny Public Services Centre, Neil T. Blaney Road, Letterkenny, County Donegal on the 20th day of May, 2011:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 3 and 4 of the Planning Development Act 2000, as amended,
(b) Class 6 of Part 3 of Schedule 2 of the Planning and Development Regulations 2001,
(c) Articles 6 and 9 of the Planning and Development Regulations, 2001,
(d) the policies in the Donegal County Development Plan, 2006-2012, and
(e) the location of the agricultural shed along the N13:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the development would normally come within the scope of Class 6 of Part 3 of the Second Schedule of the Planning and Development Regulations, 2001,
(b) however, there is a policy in the said Development Plan, that where no building line exists along national roads, buildings shall be set back 50 metres from the outside edge of the carriageway,
(c) there is no building line on this side of the N13,
(d) the prior existence of a cattle crush and pen does not constitute an established building line,
(e) the development is located within 50 metres of the outside edge of the carriageway of a National Primary Route, and
(f) the restriction on exempted development in Article (9)(1) (a)(iv) of the Planning and Development Regulations, 2001, therefore applies:
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 an agricultural shed within 12 metres from the edge of the National Primary Road (N13) at Dooballagh, Letterkenny, County Donegal is not exempted development. Dated September 13, 2011
13.RL.2628
LIMERICK COUNTY
WHEREAS a question has arisen as to whether the construction of an agricultural building at Gloongownagh, Adare, County Limerick is or is not development or is or is not exempted development:
AND WHEREAS Padraig Ryan of Craigue, Adare, County Limerick requested a declaration on the said question from Limerick County Council and the said Council issued a declaration on the 12th day of March, 2009 stating that the said development was development and was not exempted development:
AND WHEREAS the said Padraig Ryan referred the declaration for review to An Bord Pleanála on the 2nd day of April, 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(3) and 9(1)(a)(iii) of the Planning and Development Regulations, 2001, and
(c) Class 6 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the construction of the agricultural building comes within the scope of a Class 6 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001 and satisfies the conditions and limitations set out in column 2 opposite Class 6, but –
(b) comes within the restriction on exemption under article 9(1)(a)(iii) as the traffic turning movements generated on the local road, where sightlines are restricted in a southerly direction, by the development would endanger public safety by reason of a traffic hazard, and
(c) there is no provision allowing exemption for the construction of a new access road.
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 construction of an agricultural building at Cloongownagh, Adare, County Limerick 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 November 18, 2009.
RF.27.0813
COUNTY WICKLOW
WHEREAS a question has arisen as to whether a stables structure at Cullen Lane, Three Mile Water, County Wicklow is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Reid Associates on behalf of a third party, Kevin Cavanagh, of Three Mile Water, County Wicklow on the 2nd day of April, 1997:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to –
(a) sections 3 and 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 6 of Part III of the Second Schedule to these Regulations:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the said stables structure comes within the scope of class 6 of Part III of the Second Schedule to the 1994 Regulations relating to roofed agricultural structures, and
(b) the said stables structure would interfere with a view of special amenity value or special interest the preservation of which is an objective of the development plan for the area and the structure, therefore, comes within the scope of subparagraph (vi) 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 said stables structure is not exempted development.
Dated this 23rd day of September 1997