Exempt Public
Public Authorities
The Planning and Development Act provides certain important exemptions from the requirement for planning permission.
Development by a council within its own area is exempt. Development carried on jointly or in partnership with local authority pursuant to a contract entered with it, or in another capacity is exempt. The development is subject to prior public consultation requirements.
Development by a local authority or a statutory undertaker for the purpose of inspection, repairing, renewing, altering, sewers, mains, cables, overhead wires and other apparatus including street excavation is exempt.
A statutory undertaker is any public utility body, including railway, canal navigation body, airport or harbour authority, gas, electricity, telecommunications service provider or an entity providing services connected with or carrying out works for the purpose of the activities of that public undertaking.
Amenities
Amenity and recreational purpose development consisting of laying out and use of land as a park, private open space or ornamental garden or road is exempt. A roadside shrine less than two square metres and not more than two square metres in height above the centre of the road opposite of the structure is exempt. It must not be eliminated.
Development consisting of the use of lands for athletics and sports other than golf or pitch and putt or sports involving the use of motor vehicles, aircraft or firearms, is exempt where no charge is made for the admission of the public to the land. Works incidental to the maintenance and management of a golf course or pitch and putt course, including alteration or layout excluding any extension to the area of a golf course or pitch and putt course, are exempt.
Works consisting of the carrying on by a statutory undertaker or works for the maintenance, improvement, reconstruction or restoration of any watercourse, canal, lake, water, inland waterway, quay, harbour, dry dock or other structure forming part of an inland waterway or associated with it, or any development incidental to it, are exempt.
The erection or construction on behalf of the statutory undertaker of facilities in connection with the management, use or managed operation of a watercourse, canal, river, lake or other inland water is exempt, subject to conditions that the full area of the building is not to exceed 40 square metres, the height is not to exceed specified heights. Any car parks provided or constructed shall incorporate not more than 24 spaces.
Development consisting of the carrying on by a state or public authority on its own land, used by it as a public park or works incidental to that use, including the provision, construction of any structure in connection with or for the purpose of enjoyment of the park which is required in connection with its operation and management are exempt. The full area of the building is not to exceed 40 square metres, the height is not to exceed 10 metres and car parks spaces are not to exceed 40.
Development consisting of a nature reserve in accordance with the wildlife legislation, including the construction and erection of structures in connection with or for the purpose of enjoyment of the reserve which are required in connection with its management or operation are exempt. In each case, similar conditions to above apply.
Development consisting of the use of land for a fun fair, bizarre or circus or any local event of a religious, cultural, educational, political, social, recreation or sporting character and the placing or maintenance of tents, fence or other temporary or moveable structures in connection with such use is exempted. The lands shall not be used for such purpose, either continuously or for a period exceeding 15 days or occasionally for periods exceeding 30 days in any year. On discontinuance, the land is to be reinstated, save as may be authorised or required by a permission.
Various Public
Development consisting of the placing or the erection within the curtilage of a building or of any land occupied or under the control of a state authority or EU institution, of flags, banners and national emblems or structures for display is exempt.
The erection, placing or keeping on land of any beacon, buoy or other navigation aid is exempt. They must not exceed 40 metres in height.
Works incidental to the use or maintenance of any burial ground, church, yard, monument, playground, market, school ground or show grounds is exempted, except the following;
- erection or construction of any wall, fence or gate bounding or abutting on a public road;
- erection or construction of any building other than the stall or store which is wholly enclosed within a market building or
- the reconstruction and alteration of any building other than a store or stall which is wholly enclosed within the market building;
Work consisting of, or incidental to carrying on works on lands which are necessary and in accordance with a licence granted under the Local Government (Sanitary Services) Acts (for temporary dwellings) is exempt. This does not include the erection of any building, hut or chalet or the construction of any road or hard standing.
The use of land as a “bring” facility provided no more than five recepticles are provided. Each is not to exceed 4.5 cubic metres, none shall be situated on the public road and none shall be situated within 50 metres of a house, save with the consent of the owner or occupier.
The excavation for the purpose of research or discovery pursuant to and in accordance with the license under the National Monuments Act of any site, feature other object of archeological or historical interest or the excavation for the purpose of research or discovery of a site feature or other object of geological interest is exempt.
Environmental Monitoring
Development consisting of the provision or construction by the OPW, EPA or local authority outside its functional areas of any equipment or structure in connection with the collection of information on the levels, volumes and flows of waters in rivers, water courses, lakes or ground waters and incidental development is exempt. The gross floorspace of any building or other structure provided, is not to exceed eight square metres and the height is not to exceed four square metres.
Development consisting of the provision, installation or erection by the EPA or local authority outside its area, of any equipment or structure for the collection of information on air quality, including pollutants, is exempt. The equipment shall not protrude more than two metres in front of the building line and two metres above the highest point of the roof. The gross floorspace of the structure shall not exceed 20 square metres and its height shall not exceed three metres.
Marine Area
The following are exempt
- development by a local authority in its functional area (other than, in the case of a local authority that is a coastal planning authority, its nearshore area)
- development by a coastal planning authority that—(i) owns the maritime site on which the development is proposed to be situated, or (ii) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, in its nearshore area;
The following classes of development shall also be exempted development for the purposes of this Act if carried out wholly in the maritime area:
- development for the purposes of any survey for archaeological purposes;
- development for the purposes, or consisting, of the exploration for petroleum, in accordance with a licence, the working, within such meaning, of such petroleum, in accordance with such lease or licence, or the restoration of the area in which such exploration or working has taken place;
- development consisting, or for the purposes, of the construction or operation, in accordance with a consent under the Gas Act, of an upstream pipeline,
- development for the purposes, or consisting, of dumping within the meaning of the Dumping At Sea Act
- development authorised under the Merchant Shipping Act 1894 or section 3 of the Merchant Shipping (Commissioners of Irish Lights) Act 1997 by the Commissioners of Irish Lights for the purposes, or consisting, of the placement of aids to navigation;
- activities that are the subject of, or require, a licence under the Maritime Area Planning Act 2021;
- development consisting of the use of any land or maritime site for the purposes of the harvesting of shellfish, or activities relating to fishing or aquaculture.
In most cases, development is not exempted development if an environmental impact assessments or appropriate assessment of the development is required.
Metrological
There are exemptions for masts for mapping meteorological conditions. There are conditions in respect of their duration in place (15 in any 24 months) height (80 m) distance from structures distance from electric cables airport/aerodromes and the number of such masts. No advertisements may be attached. Signs required for functioning and safety are permitted.
Schools
There are exemptions for temporary classrooms/structures and school extensions.
Temporary structures are permitted subject to conditions as to duration relative size et cetera.They are to be in place only pending construction of school classes et cetera pursuant to a planning permission. The structures must comply with Departmental guidance documents in relation to the same.
There is a further permitted exemption for temporary structures to facilitate the continued delivery of education. It is subject to a five year time limit and there are conditions as the height and compliance with guidelines et cetera.
Temporary use as a school is permitted in former schools, hall, clubs, art galleries and museums, libraries, reading rooms, gymnasium or other public building or structure normally used for religious instruction. It must comply with Departmental guidelines and the maximum uses two years.
There are exemptions for school extensions analogous to those permitted for dwelling houses. The permitted square area is up to 210 m. Significant conditions apply. They must be ground floor. They must comply with Department of Education technical guidance. They must be a certain distance from boundaries.
International Protection/Refugees
There is extensive temporary permitted use for persons having or seeking international protection up to 2025. This includes use for accommodation of structures including
- schools college universities
- community centre non-residential club museums library club
- stadium hotel convention centre conference centre
- shop offices
- Defence First barracks
- light industrial building
- wholesale warehouse
- local authority office
- play centre medical or health and social centre
- areas used for religious instruction subject to conditions.
Solar Panels
There is an exemption for placing solar photovoltaic and solar thermal collector installations (solar panels) on the roof of certain public buildings and buildings within the curtilage of the same and associated sites. This may apply to educational buildings health centres hospitals recreational sports facilities place of worship community facility library and certain sites for the provision of utilities.
There are detailed conditions some of which apply only in solar safeguarding zones. They require prior notice of certain matters to the planning authority
The total maximum aperture area is generally 300 m². There are provisions regarding distances between the plane of the roof and the collector panels. There are conditions regarding ancillary equipment. There are conditions regarding distance from the edge. The height must not generally be more than 1.6 m above roof level.
No signs other than warning notices et cetera are permitted. The solar panels are exempted only where the electricity or heating is used within the buildings comprising the apartments.