Exempt Public
Planning and Development Regulations
Interpretation.
3.
(1)
In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.
(2)
In these Regulations, any reference to a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to the sub-article, paragraph or sub-paragraph of the provision in which the reference occurs.
(3)
In these Regulations, except where the context otherwise requires—
“the 1994 Regulations” mean the Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86 of 1994), as amended;
“the 1998 Regulations” means the Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998 (S.I. No. 128 of 1998);
“the 2001 Regulations” means the Local Government (Planning and Development) (Fees) Regulations, 2001 (S.I. No. 525 of 2001);
“the Act” means the Planning and Development Act, 2000;
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
“approved newspaper” means a newspaper approved by a planning authority for the purposes of these Regulations in accordance with article 18;
“bring facility” means a facility of purpose-built receptacles in which segregated domestic wastes may be deposited by the public, provided in an area to which the public have access;
“built-up area” means a city or town (where “city” and “town” have the meanings assigned to them by the Local Government Act, 2001) or an adjoining developed area;
“DTI Strategy” has the meaning assigned to it by the Dublin Transportation Office (Establishment) Order (Amendment) Order, 1999 (S.I. No. 337 of 1999);
“Dublin Docklands Area” has the meaning assigned to it by section 4 of the Dublin Docklands Development Authority Act, 1997 (No. 7 of 1997);
“EIAR” means an environmental impact assessment report;
“electricity undertaking” means an undertaker authorised to provide an electricity service,
‘environmental assessment’ means the preparation of an environmental report, the carrying out of consultations, the taking into account of the environmental report and the results of the consultations in decision-making and the provision of information on the decision in accordance with these Regulations;
Commented [i1]: Note: All former references to EIS are deleted by article 46(b) of S.I. No. 296/2018 European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018
Commented [i2]: Inserted by article 4 of S.I. No. 476/2011 Planning and Development (Amendment) (No. 3) Regulations 2011
Commented [i3]: Inserted by article 5(a) of S.I. No. 436/2004 Planning and Development (Strategic Environmental Assessment) Regulations 2004
“establishment” means an establishment to which the Major Accident Regulations apply;
“gross floor space” means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building;
“hazard” means the intrinsic property of a dangerous substance or physical situation, with a potential for creating damage to human health or the environment;
“Major Accident Regulations” means the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006);
‘Member State’ means any State, other than Ireland, which is a Member State of the European Communities;
“minerals” means all minerals and substances in or under land of a kind ordinarily worked by underground or by surface working for the removal but does not include turf;
“motor vehicle” means a mechanically propelled vehicle for the purposes of the Road Traffic Act, 1961 (No. 24 of 1961);
“NIS” means a Natura impact statement within the meaning of section 177T of the Act,
“outline application” means an application for outline permission;
“outline permission” has the meaning assigned to it in section 36(6) of the Act;
“peat extraction” includes any related drainage of bogland;
‘plan’ for the purposes of Schedules 2A and 2B, means, where the context requires, a development plan, a variation of a development plan, a local area plan (or an amendment thereto), regional planning guidelines or a planning scheme;
“provision of an establishment” means development as a result of which an area would become an establishment;
“regional assembly” means a regional authority established by the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999 (S.I. No. 226 of 1999);
“remedial EIAR” means a remedial environmental impact assessment report within the meaning of section 177F of the Act;
“remedial NIS” means a remedial Natura impact statement within the meaning of section 177G of the Act.
‘the SEA Directive’ means directive 2001/42/EC of the European Parliament and Council of 27 June 2001 (O.J. No. L 197, 21 July 2001) on the assessment of the effects of certain plans and programmes on the environment.
“transboundary State” means any State, other than Ireland, which is a Member State of the European Communities or a party to the Transboundary Convention.
(4)
In these Regulations, any reference to a permission under the Act shall include a reference to a permission under the Act of 1963, and any reference to conditions to which a permission is subject shall be construed accordingly.
(5)
In these Regulations, any reference to the making available for purchase of any document shall be construed as including the making available for purchase of an extract from such document.
Revocations.
4.
The Regulations mentioned in Schedule 1 are hereby revoked.
PART 2
Commented [i7]: Inserted by article 5(c) of S.I. No. 436/2004 Planning and Development (Strategic Environmental Assessment) Regulations 2004
Commented [i8]: Inserted by article 46(a) of S.I. No. 296/2018 European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018
Commented [i9]: Inserted by article 4 of S.I. No. 476/2011 Planning and Development (Amendment) (No. 3) Regulations 2011
Commented [i10]: Inserted by article 5(d) of S.I. No. 436/2004 Planning and Development (Strategic Environmental Assessment) Regulations 2004
22
EXEMPTED DEVELOPMENT
Interpretation for this Part.
5.
(1)
In this Part—
“aerodrome” means any definite and limited area (including water) intended to be used, either wholly or in part, for or in connection with the landing or departure of aircraft;
“airport” means an area of land comprising an aerodrome and any buildings, roads and car parks connected to the aerodrome and used by the airport authority in connection with the operation thereof;
“airport operational building” means a building other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at an airport;
“amusement arcade” means premises used for the playing of gaming machines, video games or other amusement machines;
“ancillary equipment” for the purpose of rooftop solar photo-voltaic or solar thermal collector panels in classes 56(d), 56(e), 60 or 61 of Part 1 of Schedule 2 and class 18(c) of Part 3 of Schedule 2 does not include any equipment which must be placed or erected on a wall or a rooftop to allow a solar photo-voltaic or solar thermal collector installation to function;
“associated accessories”, in relation to the inspection, maintenance, repair, renewal, removal or installation of pipes, water mains, sewer or other pipe for the purposes of the Water Services Acts 2007 to 2017, has the meaning assigned to “accessories” by section 2 of the Water Services Act 2007 (No. 30 of 2007) and includes cables that are associated with any of those matters;
“betting office” means premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931);
Commented [i11]: Inserted by article 3(1) of S.I. No. 493/2022 Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022
Commented [i12]: Inserted by article 3 of S.I. No. 29/2018 Planning and Development (Amendment) Regulations 2018
‘Biomass’ means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;
“business premises” means—
(a) any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons,
(b) a hotel, hostel (other than a hostel where care is provided) or public house, or
(c) any structure or other land used for the purposes of, or in connection with, the functions of a State authority;
“care” means personal care, including help with physical, intellectual or social needs;
“childminding” means the activity of minding no more than 6 children, including the children, if any, of the person minding, in the house of that person, for profit or gain;
‘CHP’ has the meaning assigned to it by the Electricity Regulation Act 1999;
“day centre” means non-residential premises used for social or recreational purposes or for the provision of care (including occupational training);
“Director of Telecommunications Regulation” means
the Director of Telecommunications Regulation appointed under the Telecommunications
(Miscellaneous Provisions) Act, 1996 (No. 34 of 1996);
“excluded premises” means—
(a) any premises used for purposes of a religious, educational, cultural, recreational or medical character,
(b) any guest house or other premises (not being a hotel or a hostel) providing overnight guest accommodation, block of flats or apartments, club, or boarding house, or,(c) any structure which was designed for use as one or more dwellings, except such a structure which was used as business premises immediately before 1 October, 1964 or is so used with permission under the Act;
“fish counter” means a device capable of mechanically or electrically enumerating fish as they pass a specific point or area;
“Greater Dublin Area” means the area comprising the County Borough of Dublin and the administrative counties of Dun Laoghaire-Rathdown, Fingal, Kildare, Meath, South Dublin and Wicklow;
“house” does not, as regards development of classes 1, 2, 3, 4, 6(b)(ii), 7 or 8 specified in column 1 of Part 1 of Schedule 2, or development to which articles 10(4) or 10(5) refer, include a building designed for use or used as 2 or more dwellings or a flat, an apartment or other dwelling within such a building;
‘‘illuminated’’ in relation to any advertisement, sign or other advertisement structure means illuminated internally or externally by artificial lighting, directly or by reflection, for the purpose of advertisement, announcement or direction;
‘‘industrial building’’ means a structure (not being a shop, or a structure in or adjacent to and belonging to a quarry or mine) used for the carrying on of any industrial process;
‘‘light industrial building’’ means an industrial building in which the processes carried on or the plant or machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by
reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;
”industrial process” means any process which is carried on in the course of trade or business, other than agriculture, and which is-
(a) for or incidental to the making of any article or part of an article, or
for or incidental to the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article, including the getting, dressing or treatment of minerals,
and for the purposes of this paragraph, “article” includes-
(i) a vehicle, aircraft, ship or vessel, or
(ii) a sound recording, film, broadcast, cable programme, publication and computer program or other original database;
‘‘industrial undertaker’’ means a person by whom an industrial process is carried on and “industrial undertaking” shall be construed accordingly;
“mobile telephony’’ means public mobile telephony;
‘‘painting’’ includes any application of colour;
“port” includes any buildings, roads and vehicle parks ancillary to the operation of the port;
“port operational building” means a building other than a hotel, required in connection with the movement or maintenance of ships, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a port including customs or passport control facilities and sanitary and phytosanitary and health checks and control facilities, associated administrative offices or other similar facilities directly related to and forming an integral part of the building;
“primarily” for the purpose of classes 56(d), 56(e), 60 or 61 of Part 1 of Schedule 2 and class 18(c) of Part 3 of Schedule 2 means greater than 50%;
“protected person”, for the purposes of Schedule 2, means—
(a) a person who has made an application to the Minister for Justice and Equality under the Refugee Act of 1996 or the Subsidiary Protection Regulations 2013 (S.I. No. 426 of 2013),
(b) a person who falls to be considered or has been considered under section 3 of the Immigration Act of 1999, or
(c) a programme refugee within the meaning of section 24 of the Refugee Act of 1996;
‘‘repository’’ means a structure (excluding any land occupied therewith) where storage is the principal use and where no business is transacted other than business incidental to such storage;
‘school’ has the meaning assigned to it by the Education Act 1998.
‘shop’ means a structure used for any or all of the following purposes, where the sale, display or service is principally to visiting members of the public –
(a) for the retail sale of goods,
(b) as a post office,
(c) for the sale of tickets or as a travel agency,
(d) for the sale of sandwiches or other food or of wine for consumption off the premises, where the sale of such food or wine is subsidiary to the main retail use, and “wine” is defined as any intoxicating liquor which may be sold under a wine retailer’s off-licence (within the meaning of the Finance (1909-1910) Act, 1910), 10 Edw. 7. & 1 Geo. 5, c.8,
(e) for hairdressing,
(f) for the display of goods for sale,
(g) for the hiring out of domestic or personal goods or articles,
(h) as a launderette or dry cleaners,
(i) for the reception of goods to be washed, cleaned or repaired,
but does not include any use associated with the provision of funeral services or as a funeral home, or as a hotel, a restaurant or a public house, or for the sale of hot food or intoxicating liquor for consumption off the premises except under paragraph (d), or any use to which class 2 or 3 of Part 4 of Schedule 2 applies;
“small cell antenna” means an antenna that—
(a) operates on a point to multi-point or area basis in connection with an electronic communications service,
(b) including any power supply unit or casing but excluding any mounting, fixing, bracket or other support structure—
(i) does not, in any two-dimensional measurement, have a surface area exceeding 0.5 square metres, and
(ii) does not have a volume exceeding 0.05 cubic metres,
and
(c) subject to paragraphs (a) and (b), includes a femtocell antenna, a picocell antenna, a metrocell antenna, a microcell antenna, and any similar type antenna;
“solar safeguarding zone” has the same meaning as in the Planning and Development (Solar Safeguarding Zone) Regulations 2022;
NOTE: With regard to the interpretation of “solar safeguarding zone”, article 2 of S.I. No. 492 of 2022, which may be read in association with these consolidated Regulations, provides that Solar Safeguarding Zone means an area classified under article 3 of those Regulations.
Additionally, article 3 of S.I. 492 of 2022 provides that an area identified by reference to a map contained in Schedule 1 and further referred to in Schedule 2 of those Regulations is classified as a Solar Safeguarding Zone.
“state port company” has the same meaning as “managing body of the port” as defined by Regulation 2(1) of the European Union (Port Services) Regulations 2019 (S.I. No. 128 of 2019);
“supermarket” means a self-service shop selling mainly food;
“telecommunications network” means the whole of the telecommunications infrastructure and any associated physical infrastructure of any network operator;
“telecommunications service” means services which consist wholly or partly in the transmission or routing of signals on a telecommunications network or both transmission and routing;
“Wetlands” means natural or artificial areas where biogeochemical functions depend notably on constant or periodic shallow inundation, or saturation, by standing or flowing fresh, brackish or saline water.
“wholesale warehouse” means a structure where business, principally of a wholesale nature is transacted, and goods are stored or displayed incidentally to the transaction of that business.
(2)
In Schedule 2, unless the context otherwise requires, any reference to the height of a structure, plant or machinery shall be construed as a reference to its height when measured from
Commented [i25]: Inserted by article 3(2) of S.I. No. 46 of 2020 Planning and Development (Amendment) Regulations 2020.
Commented [i26]: Inserted by article 3 of S.I. No. 454/2011 Planning and Development (Amendment) (No. 2) Regulations 2011
ground level, and for that purpose “ground level” means the level of the ground immediately adjacent to the structure, plant or machinery or, where the level of the ground where it is situated or is to be situated is not uniform, the level of the lowest part of the ground adjacent to it.
Exempted Development.
6.
(1)
Subject to article 9, development of a class specified in column 1 of Part 1 of Schedule 2 shall be exempted development for the purposes of the Act, provided that such development complies with the conditions and limitations specified in column 2 of the said Part 1 opposite the mention of that class in the said column 1.
(2)
(a) Subject to article 9, development consisting of the use of a structure or other land for the exhibition of advertisements of a class specified in column 1 of Part 2 of Schedule 2 shall be exempted development for the purposes of the Act, provided that—
(i) such development complies with the conditions and limitations specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1, and
(ii) the structure or other land shall not be used for the exhibition of any advertisement other than an advertisement of a class which is specified in column 1 of the said Part 2 and which complies with the conditions and limitations specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1.
(b) Subject to article 9, development consisting of the erection of any advertisement structure for the exhibition of an advertisement of any one of the classes specified in column 1 of Part 2 of Schedule 2 shall be exempted development for the purposes of the Act, provided that—
(i) the area of such advertisement structure which is used for the exhibition of an advertisement does not exceed the area, if any, specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1,
30
(ii) the advertisement structure is not used for the exhibition of advertisements other than advertisements of the class to which the exemption relates,
(iii) further to section 57 of the Act, the advertisement structure is not erected on a protected structure or a proposed protected structure save an advertisement structure referred to in Classes 5, 9 or 15 of column 1 of Part 2 of Schedule 2,
(iv) further to section 82 of the Act, the advertisement structure is not located on the exterior of a structure where the structure concerned is located within an architectural conservation area or an area specified as an architectural conservation area in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft development plan, so as to materially affect the character of the area, save an advertisement structure referred to in Classes 5, 9 or 15 of column 1 of Part 2 of Schedule 2, and
(v) where the advertisement structure is within a Gaeltacht area, any advertisement exhibited is
(I) in Irish, or
(II) in Irish and other languages, with prominence given to the Irish text, and identical content in all versions of the text.
(3)
Subject to article 9, in areas other than a city, a town or an area specified in section 19(1)(b) of the Act or the excluded areas as defined in section 9 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985), development of a class specified in column 1 of Part 3 of Schedule 2 shall be exempted development for the purposes of the Act, provided that such development complies with the conditions and limitations specified in column 2 of the said Part 3 opposite the mention of that class in the said column 1.
(4)
(a) Subject to paragraph (b), the carrying out of such works as are necessary to secure compliance with the Building Regulations, 1997 (S.I. No. 497 of 1997) shall, in the case of development consisting of the construction of a dwelling or dwellings in respect of which permission under Part IV of the Act of 1963 was granted before 1 June 1992, be exempted development.
(b) Paragraph (a) shall not apply in the case of development consisting of the construction of a building designed for use as 2 or more separate dwellings.
(5)
(a) Each of the following shall be exempted development:
(i) development consisting of the short term letting in a rent pressure zone of not more than 4 bedrooms in a house that is the principal private residence of the landlord or licensor concerned provided that –
(I) it is a condition of the short term letting that each bedroom that is the subject of the letting shall not be occupied by more than 4 persons,
and
(II) the development –
(A) does not contravene a condition attached to a permission granted in respect of the house under the Act, and
(B) is consistent with any use specified in any such permission;
(ii) development consisting of the short term letting in a rent pressure zone of a house that is the principal private residence of the landlord or licensor concerned provided that –
(I) the aggregate number of days during a year in which the house is the subject of short term lettings does not exceed 90 days, and
(II) the development –
(A) does not contravene a condition attached to a permission granted in respect of the house under the Act, and
(B) is consistent with any use specified in any such permission.
(b) Where a person proposes to undertake development to which paragraph (a) applies, he or she shall, not later than 2 weeks before the commencement of the development, notify the planning authority in whose functional area the proposed development will occur of the proposed development, or cause that planning authority to be so notified, in writing.
(c) A notification under paragraph (b), shall include the following –
(i) the name of the person giving the notification, or on whose behalf the notification is being given, and documentary confirmation that the proposed development relates to the person’s principal private residence;
(ii) if the person giving the notification or on whose behalf the notification is being given is not the owner of the house concerned, the consent in writing of the owner to the proposed development;
(iii) the address and eircode of the house concerned;
(iv) contact information in relation to –
(I) the person giving the notification or on whose behalf the notification is being given, and
(II) the owner of the house concerned;
(v) in the case of proposed development to which subparagraph (i) of paragraph (a) applies, a statement that the proposed development is development to which that subparagraph applies;
(vi) in the case of proposed development to which subparagraph (ii) of paragraph (a) applies, a statement that the proposed development is development to which that subparagraph applies; and
(vii) such other information as the planning authority concerned may reasonably require.
(d) A notification under paragraph (b), shall be accompanied by –
(i) such documentation as the planning authority concerned may reasonably require, and
(ii) in case the notification relates to development to which subparagraph (i) of paragraph (a) applies, a statutory declaration made by the person giving the notification, or on whose behalf the notification is being given, declaring that –
(I) the house in respect of which the proposed development is to be carried out is that person’s principal private residence,
(II) not more than 4 bedrooms in that house will be subject to the short term letting concerned, and
(III) it will be a condition of the short term letting concerned that each such bedroom shall not be occupied by more than 4 persons.
(e) A planning authority shall maintain a record in writing of all information contained in a notification under paragraph (b).
(f) A person who proposes to carry out development to which subparagraph (ii) of paragraph (a) applies shall not later than 4 weeks after the commencement of each year in which he or she intends to carry out the proposed development and before the commencement of any such development in that year –
(i) complete Form No. 15 specified in Schedule 3 and give it to the planning
authority in whose functional area the development will occur, and
(ii) provide that planning authority with a statutory declaration made by that person declaring that the house in respect of which the proposed development is to be carried out is that person’s principal private residence.
(g) A person who carries out development to which subparagraph (ii) of paragraph (a) applies in any year shall –
(i) upon the expiration of 2 weeks after the day that is the 90th day on which such development occurs in that year, complete Form No. 16 specified in Schedule 3 and give it to the planning authority in whose functional area the development occurred, and
(ii) not later than 4 weeks after the end of that year, complete Form No. 17 specified in Schedule 3 and give it to the planning authority in whose functional area the development occurred,
and each such form shall be accompanied by a statutory declaration made by that person declaring that –
(I) the aggregate number of days during the year concerned in which the house was the subject of short term lettings did not exceed 90 days, and
(II) the house that was the subject of those short term lettings was, during the period of those lettings, the person’s principal private residence.
(h) A planning authority shall enter all such information as is contained in the forms referred to in paragraphs (f) and (g) in the record maintained in accordance with paragraph (e).
(i) In this subarticle –
‘principal private residence’ means, in relation to a house that is the subject of a short term letting, a house in which the landlord or licensor concerned ordinarily resides;
‘rent pressure zone’ and ‘short term letting’ have the meanings assigned to them by section 3A (inserted by section 38 of the Residential Tenancies (Amendment) Act 2019 ) of the Planning and Development Act 2000 (No. 30 of 2000).
Development under other enactments.
7.
(1)
Works consisting of or incidental to the carrying out of development referred to in section 86(8) of the Environmental Protection Agency Act 1992 (No.7 of 1992), as amended for the purpose of giving effect to a condition attached to a licence or revised licence granted by the Environmental Protection Agency under Part IV of the said Act shall be exempted development.
(2)
Works consisting of or incidental to the carrying out of development referred to in section 54(4) (a) of the Waste Management Act, 1996 (No. 10 of 1996) for the purpose of giving effect to a condition attached to a licence or revised licence granted by the Environmental Protection Agency under Part V of the said Act shall be exempted development.
Various
Works specified in a drainage scheme
8.
Works specified in a drainage scheme confirmed by the Minister for Finance under Part II of the Arterial Drainage Act 1945 (No. 3 of 1945) or the Arterial Drainage (Amendment) Act 1995 (No. 14 of 1995), carried out by, on behalf of, or in partnership with, the Commissioners, with such additions, omissions, variations and deviations or other works incidental thereto, as may be found necessary by the Commissioners or their agent or partner in the course of the works, shall be exempted development.
8A.
Initial afforestation shall be exempted development.
8B.
Works consisting of field drainage for agriculture, other than drainage and/or reclamation of wetlands, shall be exempted development.
8C.
Land reclamation works (other than reclamation of wetlands) consisting of re-contouring of land, including infilling of soil (but not waste material)
within a farm holding, shall be exempted development.
8D.
Works consisting of the removal for the purposes of agriculture of field boundaries including stone walls, clay banks or wire or post fences shall be exempted development.
8E.
Articles 8B to 8D shall not apply in an area to which a special amenity area order relates.
8F.
Development (other than the replacement of broadleaf high forest by conifer species) that is licensed or approved under section 6 of the Forestry Act 2014 (No. 31 of 2014) and that consists of –
(a) the thinning, felling or replanting of trees, forests or woodlands, or
(b) works ancillary thereto,
shall be exempted development.
8G.
Development (other than development consisting of the provision of access to a national road within the meaning of the Roads Act 1993 (No. 14 of 1993)) that is licensed or approved under section 6 of the Forestry Act 2014 (No. 31 of 2014) and that consists of –
(a) the construction, maintenance or improvement of a road (other than a public road within the said meaning), that serves a forest or woodland, or
(b) works ancillary thereto,
shall be exempted development.
8H.
In areas other than a city, a town or an area specified in section 19(1)(b) of the Act or the excluded areas as defined in section 9 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985), development that is licensed or approved under section 6 of the Forestry Act 2014 (No. 31 of 2014) and that consists of the replacement of broadleaf high forest by conifer species in areas less than 10 hectares shall be exempted development for the purposes of the Act.
Commented [i35]: Article 8D is inserted by article 4 of S.I. No. 454/2011 Planning and Development (Amendment) (No. 2) Regulations 2011, and subsequently substituted by article 7 of S.I. No. 584/2011 European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011
Commented [i36]: Article 8E is inserted by article 7 of S.I. No. 584/2011 European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011
Commented [i37]: Article 8F is inserted by article 3 of S.I. No. 219/2013 Planning and Development (Amendment) Regulations 2013, and subsequently substituted by article 2(a) of S.I. No. 45/2020 Planning and Development Act 2000 (Exempted Development) Regulations 2020
Commented [AOD38]: Article 8G is inserted by article 3 of S.I. No. 219/2013 Planning and Development (Amendment) Regulations 2013, and subsequently substituted by article 2(b) of S.I. No. 45/2020 Planning and Development Act 2000 (Exempted Development) Regulations 2020.
Commented [i39]: Inserted by article 3 of S.I. No. 664/2022 Planning and Development Act 2000 (Exempted Development) (No. 5) Regulations 2022
37
Restrictions on exemption.
9.
(1)
Development to which article 6 relates shall not be exempted development for the purposes of the Act—
(a) if the carrying out of such development would—
(i) contravene a condition attached to a permission under the Act or be inconsistent with any use specified in a permission under the Act,
(ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the surfaced carriageway of which exceeds 4 metres in width,
(iii) endanger public safety by reason of traffic hazard or obstruction of road users,
(iiia) endanger public safety by reason of hazardous glint and/or glare for the operation of airports, aerodromes or aircraft,
(iv) except in the case of a porch to which class 7 specified in column 1 of Part 1 of Schedule 2 applies and which complies with the conditions and limitations specified in column 2 of the said Part 1 opposite the mention of that class in the said column 1, comprise the construction, erection, extension or renewal of a building on any street so as to bring forward the building, or any part of the building, beyond the front wall of the building on either side thereof or beyond a line determined as the building line in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,
(v) consist of or comprise the carrying out under a public road of works other than a connection to a wired broadcast relay service, sewer, water main, gas main or electricity supply line or cable, or any works to which class 25, 26 or 31 (a) specified in column 1 of Part 1 of Schedule 2 applies,
Commented [i40]: Sub-paragraph 9(1)(a)(iiia) is inserted by article 4 of S.I. No. 493/2022 Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022
(vi) interfere with the character of a landscape, or a view or prospect of special amenity value or special interest, the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,
(vii) consist of or comprise the excavation, alteration or demolition (other than peat extraction) of places, caves, sites, features or other objects of archaeological, geological, historical, scientific or ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan for the area in which the development is proposed or, pending the variation of a development plan or local area plan, or the making of a new development plan or local area plan, in the draft variation of the development plan or the local area plan or the draft development plan or draft local area plan,
(viiA) consist of or comprise the excavation, alteration or demolition of any archaeological monument included in the Record of Monuments and Places, pursuant to section 12 (1) of the National Monuments (Amendment) Act 1994, save that this provision shall not apply to any excavation or any works, pursuant to and in accordance with a consent granted under section 14 or a licence granted under section 26 of the National Monuments Act 1930 (No. 2 of 1930) as amended,
(viiB) comprise development in relation to which a planning authority or An Bord Pleanála is the competent authority in relation to appropriate assessment and the development would require an appropriate assessment because it would be likely to have a significant effect on the integrity of a European site,
(viiC) consist of or comprise development which would be likely to have an adverse impact on an area designated as a natural heritage area by order made under section 18 of theWildlife (Amendment) Act 2000.
(viii) consist of or comprise the extension, alteration, repair or renewal of an unauthorised structure or a structure the use of which is an unauthorised use,
(ix) consist of the demolition or such alteration of a building or other structure as would preclude or restrict the continuance of an existing use of a building or other structure where it is an objective of the planning authority to ensure that the building or other structure would remain available for such use and such objective has been specified in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,
(x) consist of the fencing or enclosure of any land habitually open to or used by the public during the 10 years preceding such fencing or enclosure for recreational purposes or as a means of access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility,
(xi) obstruct any public right of way,
(xii) further to the provisions of section 82 of the Act, consist of or comprise the carrying out of works to the exterior of a structure, where the structure concerned is located within an architectural conservation area or an area specified as an architectural conservation area in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan and the development would materially affect the character of the area,
(b) in an area to which a special amenity area order relates, if such development would be development:—
(i) of class 1, 3, 11, 16, 21, 22, 27, 28, 29, 31, (other than paragraph (a) thereof ), 33 (c) (including the laying out and use of land for golf or pitch and putt or sports involving the use of motor vehicles, aircraft or firearms), 39, 44 or 50(a) specified in column 1 of Part 1 of Schedule 2, or
(ii) consisting of the use of a structure or other land for the exhibition of advertisements of class 1, 4, 6, 11, 16 or 17 specified in column 1 of Part 2 of the said Schedule or the erection of an advertisement structure for the exhibition of any advertisement of any of the said classes, or
(iii) of class 3, 5, 6, 7, 8, 9, 10, 11, 12 or 13 specified in column 1 of Part 3 of the said Schedule, or
(iv) of any class of Parts 1, 2 or 3 of Schedule 2 not referred to in subparagraphs (i), (ii) and (iii) where it is stated in the order made under section 202 of the Act that such development shall be prevented or limited,
(c) if it is development to which Part 10 applies, unless the development is required by or under any statutory provision (other than the Act or these Regulations) to comply with procedures for the purpose of giving effect to the Council Directive,
(d) if it consists of the provision of, or modifications to, an establishment, and could have significant repercussions on major accident hazards.
(2)
Sub-article (1)(a)(vi) shall not apply where the development consists of the construction by any electricity undertaking of an overhead line or cable not exceeding 100 metres in length for the purpose of conducting electricity from a distribution or transmission line to any premises.
(3)
For the avoidance of doubt, sub-article (1)(a)(vii) shall not apply to any operation or activity in respect of which a Minister of the Government has granted consent or approval in accordance with the requirements of regulation 31 of the
Commented [i45]: Sub-article 9(3) is inserted by article 3 of S.I. No. 256/2008 Planning and Development (Amendment) Regulations 2008
Habitats Regulations 1997, and where regulation 31(5) does not apply.
Changes of use.
10.
(1)
Development which consists of a change of use within any one of the classes of use specified in Part 4 of Schedule 2, shall be exempted development for the purposes of the Act, provided that the development, if carried out would not—
(a) involve the carrying out of any works other
than works which are exempted development,
(b) contravene a condition attached to a permission under the Act,
(c) be inconsistent with any use specified or included in such a permission, or
(d) be a development where the existing use is an unauthorised use, save where such change of use consists of the resumption of a use which is not unauthorised and which has not been abandoned.
(2)
(a) A use which is ordinarily incidental to any use specified in Part 4 of Schedule 2 is not excluded from that use as an incident thereto merely by reason of its being specified in the said Part of the said Schedule as a separate use.
(b) Nothing in any class in Part 4 of the Schedule 2 shall include any use—
(i) as an amusement arcade,
(ii) as a motor service station,
(iii) for the sale or leasing, or display for sale or leasing, of motor vehicles,
(iv) for a taxi or hackney business or for the hire of motor vehicles,
(v) as a scrap yard, or a yard for the breaking of motor vehicles,
(vi) for the storage or distribution of minerals,
(vii) as a supermarket, the total net retail sales space of which exceeds 3,500 square metres in
the greater Dublin Area and 3,000 square metres in the remainder of the State,
(viii) as a retail warehouse, the total gross retail sales space of which exceeds 6,000 square metres (including any ancillary garden centre), or
(ix) as a shop, associated with a petrol station, the total net retail sales space of which exceeds 100 square metres.
Development consisting of the provision within a building occupied by, or under the control of, a State authority of a shop or restaurant for visiting members of the public shall be exempted development for the purposes of the Act.
(4)
Development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted development for the purposes of the Act, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
(5)
Development consisting of the use of a house for child minding shall be exempted development for the purposes of the Act.
(6)
(a) In this sub-article—
‘habitable room’ means a room used for living or sleeping purposes but does not include a kitchen that has a floor area of less than 6.5 square metres;
‘relevant period’ means the period from 8 February 2018 until 31 December 2025.
(b) This sub-article relates to a proposed development, during the relevant period, that consists of a change of use to residential use from Class 1, 2, 3, 6 or 12 of Part 4 to Schedule 2
(c) Notwithstanding sub-article (1), where in respect of a proposed development referred to in paragraph (b)—
(i) the structure concerned was completed prior to the making of the Planning and Development (Amendment) (No. 2) Regulations 2018,
(ii) the structure concerned has at some time been used for the purpose of its current use class, being Class 1, 2, 3, 6 or 12, and
(iii) the structure concerned, or so much of it that is the subject of the proposed development, has been vacant for a period of 2 years or more immediately prior to the commencement of the proposed development,
then the proposed development for residential use, and any related works, shall be exempted development for the purposes of the Act, subject to the conditions and limitations set out in paragraph (d).
(d)(i) The development is commenced and completed during the relevant period.
(ii) Subject to sub-paragraph (iii), any related works, including works as may be required to comply with sub-paragraph (vii), shall –
(I) primarily affect the interior of the structure,
(II) retain 50 per cent or more of the existing external fabric of the building, and
(III) not materially affect the external appearance of the structure so as to render its appearance inconsistent with the character of the structure or of neighbouring structures.
(iii) Any related works for the alteration of existing ground floor shop fronts shall be consistent with the fenestration details and architectural and streetscape character of the remainder of the structure or of neighbouring structures.
(iv) No development shall consist of or comprise the carrying out of works to the ground floor area of any structure which conflicts with any objective of the relevant local authority development plan or local area plan, pursuant to the Part 1 of the First Schedule to the Act, for such to remain in retail use, with the exception of any works the purpose of which is to solely provide on street access to the upper floors of the structure concerned.
(v) No development shall consist of or comprise the carrying out of works which exceeds the provision of more than 9 residential units in any structure.
(vi) Dwelling floor areas and storage spaces shall comply with the minimum floor area requirements and minimum storage space requirements of the “Sustainable Urban Housing: Design Standards for New Apartments – Guidelines for Planning Authorities” issued under section 28 of the Act or any subsequent updated or replacement guidelines.
(vii) Rooms for use, or intended for use, as habitable rooms shall have adequate natural lighting.
(viii) No development shall consist of or comprise the carrying out of works to a protected structure, as defined in section 2 of the Act, save where the relevant planning authority has issued a declaration under section 57 of the Act to the effect that the proposed works would not materially affect the character of the structure or any element, referred to in section 57(1)(b) of the Act, of the structure.
(ix) No development shall contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
(x) No development shall relate to any structure in any of the following areas:
45
(I) an area to which a special amenity area order relates;
(II) an area of special planning control;
(III) within the relevant perimeter distance area, as set out in Table 2 of Schedule 8, of any type of establishment to which the Major Accident Regulations apply.
(xi) No development shall relate to matters in respect of which any of the restrictions set out in sub-paragraph (iv), (vii), (viiA), (viiB), (viiC), (viii) or (ix) of article 9(1)(a), or paragraph (c) or (d) of article (9)(1), would apply.
(xii) No development shall consist of or comprise the carrying out of works for the provision of an onsite wastewater treatment and disposal system to which the code of practice made by the Environmental Protection Agency pursuant to section 76 of the Environmental Protection Agency Act 1992 relates and entitled Code of Practice – Wastewater Treatment and Disposal Systems Serving Single Houses together with any amendment to that Code or any replacement for it.
(e)(i) Where a person proposes to undertake development to which paragraph (b) relates, then he or she shall in the case of development relating to Class 1, 2, 3, 6 or 12 of Part 4 to Schedule 2, notify in writing the planning authority in whose functional area that the change of use will occur not less than 14 days prior to the commencement of the works related to the proposed change of use and any related works;
(ii) Details of each notification under subparagraph (i), which shall include information on—
(I) the location of the structure,
(II) the number of residential units involved, including the unit sizes and number of bedrooms in each unit, and
(III) the Eircode for the relevant property,
46
shall be entered in a record by the planning authority maintained for this purpose and the record shall be available for inspection at the offices of the planning authority during office hours and on the planning authority’s website.
(iii) During the years 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026 each planning authority shall provide information to the Minister on the number of notifications received by it under this paragraph during the preceding calendar year, including details of the information so received for the purposes of subparagraph (ii).
Saver for certain development.
11.
Development commenced prior to the coming into operation of this Part and which was exempted development for the purposes of the Act of 1963 or the 1994 Regulations, shall notwithstanding the repeal of that Act and the revocation of those Regulations, continue to be exempted development for the purposes of the Act.
Planning and Development Regulations
Development for amenity or recreational purposes
CLASS 33
Development consisting of the laying
out and use of land—
(a) as a park, private open space or ornamental garden,
(b) as a roadside shrine, or
(c) for athletics or sports (other than golf or pitch and putt or sports involving the use of motor vehicles, aircraft or firearms), where no charge is made for admission of the public to the land.
The area of any such shrine shall not exceed 2 square metres, the height shall not exceed 2 metres above the centre of the road opposite the structure and it shall not be illuminated.
CLASS 34
Works incidental to the maintenance and management of any golf course or pitch and putt course, including alterations to the layout thereof, excluding any extension to the area of a golf course or pitch and putt course.
CLASS 35
Development consisting of—
(a) the carrying out by or on behalf of a statutory undertaker of any works for the maintenance, improvement, reconstruction or restoration of any watercourse, canal, river, lake or other inland waterway, or any lock, quay, mooring, harbour, pier, dry-dock or other structure forming part of the inland waterway or associated therewith, and any development incidental thereto,
(b) the erection or construction by or on behalf of a statutory undertaker of facilities required in connection with the operation, use or management of a watercourse, canal, river, lake or other inland waterway.
1. The floor area of any building constructed or erected shall not exceed 40 square metres.
2. The height of any building constructed or erected shall not exceed, in the case of a building with a pitched roof, 6 metres or, in any other case, 3 metres.
3. Any car park provided or constructed shall incorporate parking space for not more than 24 cars.
CLASS 36
(a) Development consisting of the carrying out by or on behalf of a State authority or other public body, on land used by the authority or body as a public park, of works incidental to that use, including the provision, construction or erection of any structure in connection with or for the purposes of the enjoyment of the park or which is required in connection with or for the purposes of the management or operation of the park.
(b) Development consisting of the carrying out by or on behalf of a State authority or other public body on a nature reserve established in accordance with section 15 of the Wildlife Act, 1976, as amended by sections 26 and 27 of the Wildlife (Amendment) Act, 2000, of works (including the provision, construction or erection of structures) in connection with or for the purposes of the enjoyment of the reserve or which are required in connection with the management or operation of the reserve.
1. The floor area of any building constructed or erected shall not exceed 40 square metres.
2. The height of any building or other structure constructed or erected shall not exceed 10 metres.
3. Any car park provided or constructed shall incorporate parking space for not more than 40 cars.
CLASS 37
Development consisting of the use of land for any fair, funfair, bazaar or circus or any local event of a religious, cultural, educational, political, social, recreational or sporting character and the placing or maintenance of tents, vans or other temporary or movable structures or objects on the land in connection with such use.
1. The land shall not be used for any such purposes either continuously for a period exceeding 15 days or occasionally for periods exceeding in aggregate 30 days in any year.
2. On the discontinuance of such use the land shall be reinstated save to such extent as may be authorised or required by a permission under the Act.
Miscellaneous
CLASS 38
Development consisting of the placing or erection on, or within the curtilage of, a building, or on any other land, occupied by, or under the control of, a State authority or an institution of the European Union, of flags, banners or national emblems and any structures for the display of flags, banners or national emblems.
CLASS 39
The erection, placing or keeping on land of any lighthouse, beacon, buoy or other aid to navigation on water or in the air.
Any such lighthouse, beacon, buoy or other navigational aid shall not exceed 40 metres in height.
CLASS 40
Works incidental to the use or maintenance of any burial ground, churchyard, monument, fairgreen, market, schoolgrounds or showground
except—
(a) the erection or construction of any wall, fence or gate bounding or abutting on a public road,
(b) the erection or construction of any building, other than a stall or store which is wholly enclosed within a market building, or
(c) the reconstruction or alteration of any building, other than a stall or store which is wholly enclosed within a market building.
CLASS 41
Works consisting of or incidental to—
(a) the carrying out of any works on land which are in accordance with, and necessary for compliance with, the terms of any licence granted under section 34 of the Local Government (Sanitary Services) Act, 1948, but not including the erection of any building, hut or chalet or the construction of any road or hard-standing,
(b) the removal of any structure or object or the carrying out of any works required by a planning authority under the provisions of the Act or any other enactment,
(c) the carrying out of development in compliance with a notice under section 12 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977),
(d) the carrying out of development in compliance with a notice under section 26 of the Air Pollution Act, 1987 (No. 6 of 1987),
(e) the carrying out of development in compliance with a condition or conditions attached to a fire safety certificate granted in accordance with Part III of the Building Control Regulations, 1997 other than the construction or erection of an external fire escape or water tank,
(f) the carrying out of development in compliance with a notice under section 55 of the Waste Management Act, 1996 (No. 10 of 1996), or
(g) the carrying out of remedial works in compliance with an advisory notice issued under section 70H(5) of the Water Services Act 2007 (as inserted by section 4 of the Water Services (Amendment) Act 2012).
CLASS 42
Development consisting of:
(a) the use of land as a bring facility,
or
(b) the use of land to accommodate a fully sealed portable waste disposal compactor
1. No more than 5 receptacles shall be provided.
2. The capacity of each receptacle shall not exceed 4.5 cubic metres.
3. No such receptacle shall be situated on a public road.
4. No such receptacle shall be situated within 50 metres of the curtilage of any house, save with the consent in writing of the owner or occupier thereof.
1. The compactor must be located within the curtilage of a business premises.
2. No more than one compactor shall be provided in any one premises.
3. The capacity of the compactor shall not exceed 10 cubic metres.
4. No such compactor shall be situated within 50 metres of the curtilage of any house, other residential building, school, hospital, church, building used for public assembly, protected structure or proposed protected structure, save with the consent in writing of the owner or occupier thereof.
CLASS 43
The excavation for the purposes of research or discovery—
(a) pursuant to and in accordance with a licence under section 26 of the National Monuments Act, 1930 (No. 2 of 1930), of a site, feature or other object of archaeological or historical interest, or
(b) of a site, feature or other object of geological interest.
CLASS 44
The sinking of a well, drilling of a borehole, erection of a pump, or construction of a pumphouse, for the purpose of providing a domestic water supply, or a group water supply scheme in accordance with a plan or proposal approved by the Minister or a local authority for the purpose of making a grant towards the cost of such works.
CLASS 45
Any drilling or excavation for the purpose of surveying land or examining the depth and nature of the subsoil, other than drilling or excavation for the purposes of minerals prospecting.
CLASS 46
Development consisting of the provision, construction or erection by the Commissioners or the Environmental Protection Agency, or by a local authority outside the functional area of the authority, of any equipment or structure for or in connection with the collection of information on the levels, volumes or flows of water in rivers or other watercourses, lakes or groundwaters, and any development incidental thereto.
The gross floor space of any building or other structure provided, constructed or erected shall not exceed 8 square metres and the height of any such building or other structure shall not exceed 4 metres.
CLASS 47
Development consisting of the provision, construction, installation or erection by the Environmental Protection Agency, or by a local authority outside the functional area of the authority, of any equipment or structure for or in connection with the collection of information on air quality including, on the level of pollutants in, or the constituents of, the atmosphere, and any development incidental thereto.
1. Any equipment provided, constructed, installed, erected on or attached to an existing structure shall not protrude more than 2 metres in front of the building line or 2 metres above the highest point of the roof.
2. The gross floor space of any building or other structure provided, constructed, installed or erected shall not exceed 20 square metres and the height of any building or other structure shall not exceed 3 metres.
CLASS 48
The connection of any premises to a wired broadcast relay service, sewer, watermain, gas main or electricity supply line or cable, including the breaking open of any street or other land for that purpose.
CLASS 49
The construction or erection by a person licensed under the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974 of a cabinet as part of a wired broadcast relay service.
The volume above ground level of any such cabinet shall not exceed 1 cubic metre, measured externally.
CLASS 50
(a) The demolition of a building, or buildings, within the curtilage of—
(i) a house,
(ii) an industrial building,
(iii) a business premises, or
(iv) a farmyard complex.
1. No such building or buildings shall abut on another building in separate ownership.
2. The cumulative floor area of any such building, or buildings, shall not exceed:
(a) in the case of a building, or buildings within the curtilage of a house, 40 square metres, and
(b) in all other cases, 100 square metres.
3. No such demolition shall be carried out to facilitate development of any class
(b) The demolition of part of a habitable house in connection with the provision of an extension or porch in accordance with Class 1 or 7, respectively, of this Part of this Schedule or in accordance with a permission for an extension or porch under the Act.
prescribed for the purposes of section 176 of the Act.
CLASS 51
The carrying out by the Commissioners of any works for the maintenance of works and structures for which, by virtue of the Arterial Drainage Act, 1945 or any order made thereunder, the Commissioners are responsible, and any development incidental thereto.
CLASS 52
Development consisting of the construction or erection by Inland Fisheries Ireland of—
(a) a footbridge,
(b) a fish pass,
(c) a fish screen or barrier,
(d) a walkway or fishing stand,
(e) fish counter.
Any such footbridge shall not exceed 1.2 metres in width or 8 metres in length.
Any such walkway shall not exceed 1.2 metres in width, and any such fishing stand shall not exceed 10 square metres in area.
CLASS 53
The carrying out of development below the high water mark pursuant to and in accordance with a licence under the Fisheries (Amendment) Act, 1997 (No. 23 of 1997) (including a licence deemed to be granted under that Act or the Fisheries and Foreshore (Amendment) Act, 1998 (No. 54 of 1998)).
CLASS 54
Reclamation of an area, not exceeding 100 square metres, of foreshore for the purpose of protecting a pier, slipway or other structure on the foreshore.
CLASS 57
The extension of a school, where the school has not been previously extended under a CLASS 57 exemption, by the construction or erection of an extension to the side or rear of the school.
1. The floor area of any such extension shall not exceed 210 square metres.
2. No such structure shall be above the ground floor.
3. Any extension shall be a distance of not less than 2 metres from any party boundary.
4. An exemption under this class shall only be availed of once.
5. Such structure shall comply with the Department of Education Primary and Post Primary Technical Guidance Documents for the time being in force.