Exempt Rural Activities
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.
Limited use for camping
CLASS 1
Temporary use of any land for the placing of any tent, campervan or caravan or for the mooring of any boat, barge or other vessel used for the purpose of camping.
1. Not more than one tent, campervan or caravan shall be placed within 100 metres of another tent, campervan or caravan at any time.
2. No tent, campervan, caravan or vessel shall remain on the land for a period greater than 10 days.
3. No tent, campervan, caravan or vessel shall be used for the storage, display, advertisement or sale of goods or for the purposes of any business.
4. No tent, campervan or caravan shall be placed on land within 50 metres of any public road unless the land is enclosed by a wall, bank or hedge, or any combination thereof, having an average height of not less than 1.5 metres.
CLASS 2
Temporary use of land by a scouting organisation for a camp.
The land shall not be used for such purposes for any period or periods exceeding 30 days in any year.
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
URBAN DISTRICT OF NENAGH
WHEREAS a question has arisen as to whether (a) the use of a field for the storage, repair and sale of agricultural machinery and (b) the laying of hardcore surface at Ciamaltha Road, Nenagh, County Tipperary, are or are not development or exempted development within the meaning of the Local Government (Planning and Development) Acts 1963 to 1993:
AND WHEREAS the said question was referred to An Bord Pleanála by John M. Spencer of Friar Street, Nenagh, County Tipperary on behalf of Patrick and Geraldine Duffy on the 23rd day of September, 1996:
AND WHEREAS the works and use involved commenced prior to the 16th day of May, 1994:
AND WHEREAS An Bord Pleanála in considering this reference, had regard particularly to –
(a) sections 2, 3 and 4 of the 1963 Act, and
(b) articles 10, 11 and 12 of the Local Government (Planning and Development) Regulations, 1977.
AND WHEREAS An Bord Pleanála has concluded that-
(a) the said use of the field (described as “the paddock”) for the storage, repair and sale of agricultural machinery (which commenced on a date between 1985 and 1990) constituted a material change in the use of the land relative to its use on the appointed day (namely the 1st day of October, 1964), and the said use comes within the scope of section 3 of the 1963 Act,
(b) the said laying of the hardcore surface involved the carrying out of works on land, and the said works come within the scope of section 3 of the 1963 Act,
(c) the, said use of the land for the storage, repair and sale of agricultural machinery would not come within the definition of “agriculture” in section 2 of the 1963 Act, and
(d) the said use of the land and the said laying of hardcore surface would not come within the scope of section 4 of the 1963 Act or any provisions of the regulations relating to exempted development made thereunder:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that –
(a) the said use of a field for the storage, repair, and sale of agricultural machinery is development and is not exempted development and
(b) the said laying of hardcore surface is development and is not exempted development.
Dated this 5th March 1997
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
06D.RL.2863
DUN LAOGHAIRE-RATHDOWN COUNTY
Planning Authority Reference Number: Ref 23/11
WHEREAS a question has arisen as to whether the sub-division of land for use as 80 number allotments at Mutton Lane and Cloragh Road, Tibradden, Rathfarnham, Dublin is or is not development or is or is not exempted development:
AND WHEREAS 25 number residents of the surrounding area care of Kenny Planning Associates of 9 Village Craft Centre, Cornelscourt, Dublin requested a declaration on the said question from Dun Laoghaire-Rathdown County Council and the said Council issued a declaration on the 29th day of March, 2011 stating that the said sub-division of existing agricultural land for use as 80 number allotments constitutes exempted development:
AND WHEREAS the said 25 number residents of the surrounding area referred the declaration for review to An Bord Pleanála on the 21st day of April, 2011:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) section 2(1) of the Planning and Development Act, 2000,
(b) section 2(1) of the Planning and Development Act, 2000, as amended by section 4 of the Planning and Development (Amendment) Act, 2010,
(c) section 3(1) of the Planning and Development Act, 2000, and
(d) section 4 (1) (a) of the Planning and Development Act, 2000.
AND WHEREAS An Bord Pleanála has concluded that –
(a) the established use of the lands is for agriculture,
(b) the use of the lands for allotments comes within the meaning of agriculture, as set out at section 2(1) of the Planning and Development Act, 2000, as amended, and is, therefore, not development, and
(c) works facilitating the allotment development are the subject of a concurrent planning application (planning register reference number D11A/0034).
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 sub-division of existing agricultural land for use as 80 number allotments at Mutton Lane and Cloragh Road, Tibradden, Rathfarnham, Dublin is not development. Dated August 25, 2011
26.RL.2703
WEXFORD COUNTY
WHEREAS a question has arisen as to whether the planting of trees along a field boundary, is or is not development or is or is not exempted development:
AND WHEREAS John Davitt, Maureen Davitt and Elaine Davitt of Ballynamona, Campile, New Ross, County Wexford requested a declaration on the said question from Wexford County Council and the said Council issued a declaration on the 4th day of January, 2010 stating that the planting of trees along a field boundary is exempted development:
AND WHEREAS the said John Davitt, Maureen Davitt and Elaine Davitt referred the declaration for review to An Bord Pleanála on the 20th day of January, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended,
(b) Class 15 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001, as amended,
(c) the size, nature and location of the planted trees, as evidenced in photographs taken during site inspection,
AND WHEREAS An Bord Pleanála has concluded that –
(a) the planting of trees along a field boundary does not come within the scope of Class 15 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001, as amended, not being initial afforestation, and
(b) the use of the land as agricultural land had not changed,
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the Planning and Development Act, 2000, hereby decides that the planting of trees along a field boundary is not development.
Dated June 18, 2010
04.RL.2555
CORK COUNTY
WHEREAS a question has arisen as to whether the use of agricultural lands for six motor sports events per calendar year at Ballyrusheen, Mallow, County Cork is or is not development or is or is not exempted development:
AND WHEREAS Mallow Autograss Club of Bank House, Kilmichael, Ballyclough, Mallow, County Cork requested a declaration on the said question from Cork County Council and no declaration issued by the planning authority:
AND WHEREAS the said Mallow Autograss Club referred the question for decision to An Bord Pleanála on the 7th day of July, 2008:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Sections 2, 3 and 4 of the Planning and Development Act, 2000 and
(b) Articles 6(1) and 9(1)(a)(iii) of the Planning and Development Regulations, 2001 and
(c) Class 37 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001.
AND WHEREAS An Bord Pleanála has concluded that-
(a) The use of agricultural lands for six motor sport events would constitute a material change in the use of the land, would come within the scope of Section 3 of the Planning and Development Act 2000 and would constitute development;
(b) It has not been established, on the basis of the submissions made in connection with the referral in this particular case, that the use of the agricultural lands for motor sports events would constitute a local event in the context of Class 37, Part 1 of the second Schedule of the Planning and Development Regulations, 2001.
(c) Furthermore, the restrictions on exemption provided for in Article 9(1)(a)(iii) would apply having regard to the traffic generation and in particular obstruction of road users.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(b) of the 2000 Act, hereby decides that the use of agricultural lands for six motor sports events per calendar year 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 February 16, 2009.
06S.RL.2485
SOUTH DUBLIN COUNTY
WHEREAS a question has arisen as to whether the filling of an 0.8 hectare area of agricultural land with inert materials and the construction of forestry roads at Cruagh, Rockbrook, Rathfarnham, Dublin is or is not development or is or is not exempted development:
AND WHEREAS Thomas Donohoe care of Environmental Efficiency, Parnell House, 19 Quinsboro Road, Bray, County Wicklow requested a declaration on the said question from South Dublin County Council and the said Council issued a declaration on the 19th day of September, 2007 stating that the said development was not exempted development:
AND WHEREAS the said Thomas Donohoe referred the declaration for review to An Bord Pleanála on the 16th day of October, 2007:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2(1), 3(1), 3(2)(b)(iii) and 4(1)(a) and (i) of the Planning and Development Act, 2000,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001,
(c) class 11 of Part 3 of schedule 2 to the Planning and Development Regulations, 2001,
(d) the nature and extent of the material deposited on the lands, and
(e) the standard of the road network serving the area.
AND WHEREAS An Bord Pleanála has concluded that –
(a) the deposition of inert material within site A and site B constitutes “works” as defined by section 2(1) of the Planning and Development Act, 2000, and that the said “works” constitute “development” as defined in section 3(1) of the same Act,
(b) the deposition of inert waste on site A and site B constitutes a material change in the use of the land by reference to section 3(2)(b)(iii) of the Planning and Development Act, 2000,
(c) having regard to the nature of the activity carried out (deposition of inert material) and the quantity and disposition throughout the site of the same material, the deposition of inert material at site A does not constitute agriculture and, therefore, does not come within the exempted development provisions of section 4(1)(a) of the Planning and Development Act, 2000,
(d) neither does the deposition of inert material at site A come within the exempted development provisions of class 11(b) of Part 3 of Schedule 2 to the Planning and Development Regulations, 2001, in that the activity carried out is in the nature of landfill rather than land reclamation and that there were available to the landowner other methods of remedying the stated waterlogging problem on this sloping site, which would not involve the importation of fill material,
(e) having regard to the extent and layout of the roads constructed at site B, including their levels relative to adjoining ground and the quantity and scale of deposition of material to form the roads, which is significantly in excess of that required for a road of sufficient width (particularly at the south-western boundary of site B), the said roads have not been constructed to serve the forestry and, therefore, the deposition of inert material at site B to construct roads does not come within the exempted development provisions of section 4(1)(i) of the Planning and Development Act, 2000, and
(f) furthermore, by virtue of the provisions of Article 9(1)(iii) of the Planning and Development Regulations, 2001, further use of the lands for the deposition of material, in order to complete the development, cannot come within the exempted development provisions of the Planning and Development Regulations, 2001, insofar as the additional truck movements required to import a further 1,000 tonnes of material would endanger public safety by reason of traffic hazard and obstruction of road users, due to the narrow and twisting nature of the R116 access road, the poor forward visibility at the entrance to the site, and the poor sight visibility in either direction for traffic exiting the site.
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 filling of an 0.8 hectare area of agricultural land with inert materials and the construction of forestry roads at Cruagh, Rockbrook, Rathfarnham, Dublin 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 May 29, 2008
17.RL.2472
MEATH COUNTY
WHEREAS a question has arisen as to whether the activity of land reclamation for agricultural purposes at Rudder, Stamullen, County Meath is or is not development or is or is not exempted development:
AND WHEREAS Jim Lenehan care of Kingfisher Environmental Consultants, Primrose Grange House, Knocknarea, Sligo requested a declaration on the said question from Meath County Council and the said Council issued a declaration on the 23rd day of August, 2007 stating that the said development was development and was not exempted development:
AND WHEREAS the said Jim Lenehan referred the declaration for review to An Bord Pleanála on the 18th day of September, 2007:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001, and
(c) class 11 of Part 3 of Schedule 2 to the Planning and Development Regulations, 2001:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the disposal of insert soil and stones on low-lying ground for the purposes of land reclamation for productive agricultural land at Rudder, Stamullen, County Meath constitutes works which come within the scope of section 2 (1) of the Planning and Development Act, 2000,
(b) the said works constitute development which comes within the scope of section 3 (1) of the Planning and Development Act, 2000,
(c) the said works come within the scope of the exemption provided at class 11 of Part 3 of Schedule 2 to the Planning and Development Regulations, 2001, and
(d) the said works do not give rise to traffic hazard nor obstruction of road users and, therefore, do not come within the scope of the restriction on that exemption as set out at article 9(1)(a)(iii) of the Planning and Development Regulations, 2001:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the activity of land reclamation for agricultural purposes at Rudder, Stamullen, County Meath is development and is exempted development.
MATTERS CONSIDERED In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
Dated June 20, 2008
17.RL.2324
MEATHCOUNTY
WHEREAS a question has arisen as to whether reclamation of agricultural land for agricultural purposes at Porterstown, Ratoath, County Meath is or is not development or is or is not exempted development:
AND WHEREAS Michael Madden care of Kingfisher Environmental Consultants of Primrose Grange House, Knocknarea, Sligo requested a declaration on the said question from Meath County Council and the said Council issued a declaration on February 2, 2006 stating that the said development was not exempted development:
AND WHEREAS the said Michael Madden referred the declaration for review to An Bord Pleanála on March 1, 2006:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3 and 4 of the Planning and Development Act 2000,
(b) articles 6(3), 9(1)(a)(ii) and (iii) of the Planning and Development Regulations 2001, and
(c) class 11, Column 1 of Part 3 of Schedule 2 to the said Regulations:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the disposal of soil and topsoil on low-lying ground for the purposes of land reclamation and increased productivity of the agricultural field unit at Porterstown, Ratoath constitutes works which come within the scope of Section 2(1) of the Planning and Development Act 2000,
(b) the said works constitute development which comes within the scope of section 3(1) of the said Act,
(c) the said works come within the scope of the exemption provided at Class 11 of Part 3 of Schedule 2 of the Planning and Development Regulations 2001, and
(d) the said works come within the scope of the restriction on that exemption set out at article 9(1)(a)(iii) of the said Regulations at it is considered that the intensified use of the county road, which is substandard in terms of width and alignment, by heavy goods vehicles associated with the development would endanger public safety by reason of traffic hazard:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said reclamation of agricultural land for agricultural purposes at Porterstown, Ratoath, County Meath is development and is not exempted development.
Dated August 30, 2006.
06D.RL.2023
DUNLAOGHAIRE-RATHDOWN COUNTY
WHEREAS a question has arisen as to whether development comprising the arrangement of land into a number of paddocks at The Paddocks Riding Centre, Woodside Road, Sandyford, County Dublin is or is not exempted development.
AND WHEREAS John and Teresa Cribbin care of Kiaran O’Malley and Company Limited of Saint Heliers, Saint Heliers Copse, Stillorgan Park, Blackrock, County Dublin requested a declaration on the said question from Dun Laoghaire-Rathdown County Council and Dun Laoghaire-Rathdown County Council issued a declaration on September 3, 2002 stating that the said development was not exempted development.
AND WHEREAS John and Teresa Cribbin care of Kiaran O’Malley and Company Limited of Saint Heliers, Saint Heliers Copse, Stillorgan Park, Blackrock, County Dublin referred the declaration for review to An Bord Pleanála on September 30, 2002.
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to-
(a) sections 2, 3 and 4 of the Local Government (Planning and Development) Act 1963,
(b) sections 2, 3 and 4 of the Planning and Development Act 2000,
(c) article 11 of the Local Government (Planning and Development) Regulations 1977, article 10 of the Local Government (Planning and Development) Regulations 1994 and article 9 of the Planning and Development Regulations 2001,
(d) class 8 of Part I of the Third Schedule to the Local Government (Planning and Development) Regulations 1977,
(e) class 5 of Part III of the Third Schedule to the Local Government (Planning and Development) Regulations 1977,
(f) class 10 of Part I of the Second Schedule to the Local Government (Planning and Development) Regulations 1994,
(g) class 11 of Part 1 and classes 4 and 10 of Part 3 of the Second Schedule to the Planning and Development Regulations 2001, and
(h) the planning history of the site.
AND WHEREAS An Bord Pleanála has concluded that-
(a) the erection of fencing prior to 1990 is considered to constitute development which is exempted development having regard to class 5 of Part III of the Third Schedule to the Local Government (Planning and Development) Regulations 1977,
(b) a material change of use of the site took place in 1990 when The Paddocks was opened to members of the public as a riding centre,
(c) the change of the use from agricultural use to use as a Riding Centre constitutes development which is not exempted development,
(d) the use of the site as a Riding Centre has not been the subject of a grant of planning permission and is therefore an unauthorised use,
(e) the repair and replacement of fencing erected prior to 1990 where such works were carried out between 1990 and January 21, 2001 come within the meaning of class 8 of Part I of the Third Schedule of the Local Government (Planning and Development) Regulations 1977 or class 10 of Part I of the Second Schedule to the Local Government (Planning and Development) Regulations 1994 as the case may be,
(f) the erection of new fencing, understood to be erected after January 21, 2001, together with the repair and replacement of fences erected prior to 1990 facilitating “the arrangement of lands into paddocks”, comes within the meaning of class 11 of Part 1 and class 4 of Part 3 of the Planning and Development Regulations 2001, and
(g) these works of fencing facilitating the arrangement of the lands into a number of paddocks come within the restrictions on exemption in article 9(1)(a)(viii) of the Planning and Development Regulations 2001 (or article 11(1)(a)(viii) of the Local Government (Planning and Development) Regulations 1977 or article 10 (1)(a)(viii) of the Local Government (Planning and Development) Regulations 1994) as they relate to works to a structure the use of which is an unauthorised use.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said arrangement of land into a number of paddocks at The Paddocks Riding Centre, Woodside Road, Sandyford, County Dublin is not exempted development.
Dated April 3, 2003.
10.RL2070
KILKENNY COUNTY
WHEREASa question has arisen as to whether the building erected (floor area 432 square metres), the gross floor area of which is not more than 200 square metres for the keeping of horses and not more than 300 square metres for agricultural storage at Equestrian Centre, Ballyhale, County Kilkenny is or is not development or is or is not exempted development.
AND WHEREASthe said question was referred to An Bord Pleanála by Kilkenny County Council under section 5(4)of thePlanning and Development Act 2000 on May 23, 2003.
AND WHEREASAn Bord Pleanála, in considering this referral, had regard particularly to-
(a) sections 2, 3 and 4of thePlanning and Development Act 2000,
(b) articles 6 and 9 of the Planning and Development Regulations 2001, and
(c) class 6 and class 9 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001.
AND WHEREASAn Bord Pleanála has concluded that-
(a) the building is a single structure,
(b) the building has a total floor area in excess of 300 square metres and, as such, is in excess of the maximum floor area allowed for exemption under any of the classes of agricultural structures in Part 3,
(c) a single structure can be used for the purposes of class 6 or for the purposes of class 9 but not for a combination thereof, and
(d) the structure is used concurrently for the purposes of both class 6 and class 9.
NOW THEREFOREAn Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 2000 Act, hereby decides that the said building is development and is not exempted development.
Dated October 17, 2003.
ABP-303550-19
Cork County Council
WHEREAS questions have arisen as to whether the following are or are not development or are or are not exempted development:
(a) the laying out and use of the land for car drifting events,
(b) the use of the existing structure for offices/toilets related to car drifting events, and
(c) the use of a hut in the “pit area” as a tyre business related to car drifting events all at Weir Island, Barryscourt, Carrigtwohill, County Cork:
AND WHEREAS these questions were referred to An Bord Pleanála by Cork County Council on the 23rd day of January, 2019:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) section 2(1) of the Planning and Development Act, 2000, as amended,
(b) section 3(1) of the Planning and Development Act, 2000, as amended,
(c) section 4(4) of the Planning and Development Act, 2000, as amended,
(d) Article 6(1) of the Planning and Development Regulations, 2001, as amended,
(e) Parts 1 and 4 of Schedule 2 of the Planning and Development Regulations, 2001, as amended, and
(f) the planning and enforcement history of the site:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the established use of these lands is for agricultural purposes,
(b) the laying out and use of these lands for car drifting would constitute a change of use which is considered to be a material change of use from its established use and is, therefore, development,
(c) the works entailed in the laying out of the land for the purpose of car drifting events constitute development as defined,
(d) the car drifting use is dependent upon the layout of the land, which comprises permanent structures, that do have the benefit of planning permission. Accordingly, the use does not come within the scope of Class 37 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, as amended, and would not satisfy condition number 2 of the Conditions and Limitations set out in Column 2 to which this Class is subject. Accordingly, the use is not exempted development,
(e) the car drifting use is dependent upon the layout of the land as a motor park and so it requires to be the subject of an Environmental Impact Assessment Report. Under Section 4(4) of the Planning and Development Act, 2000, as amended, the use is, thereby, not exempted development,
(f) the car drifting use is dependent upon the layout of the land as a motor park, which lies beside the European Sites – Great Island Channel Special Area of Conservation (Site Code: 001058) and Cork Harbour Special Protection Area (Site Code: 004030). The impacts of the said use are such that it requires to be the subject of an Appropriate Assessment. Under Section 4(4) of the Planning and Development Act, 2000, as amended, the use is, thereby, not exempted development,
(g) the use of the existing structure for office/toilets relating to car drifting events is an ancillary use to the main use of the land for car drifting events. As the main use is development that is not exempted development, so this ancillary use is development that is not exempted development, and
(h) the use of a hut in the “pit area” as tyre business relating to car drifting events is an ancillary use to the main use of the land for car drifting events. As the main use is development that is not exempted development, so this ancillary use is development that is not exempted development:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that –
(a) the laying out and use of the land for car drifting events is development and is not exempted development,
(b) the use of the existing structure for offices/toilets related to car drifting events is development and is not exempted development, and
(c) the use of a hut in the “pit area” as a tyre business related to car drifting events is development and is not exempted development, all at Weir Island, Barryscourt, Carrigtwohill, County Cork.
Dated this 9th day of September 2019
03.RF.1069
CLARE COUNTY
WHEREAS a question has arisen as to whether (i) infilling and levelling of a swallow hole associated with the “59 series cave”; (ii) the making of a road running from the Ballinalackan/Doolin Road to the site of the excavation works; and (iii) the construction of a concrete lined vertical shaft carried out at Pol-an-Ionáin, Craggycorradan West, Doolin, County Clare is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Michael Miller of Clogher, Kilfenora, County Clare on behalf of Pol-an-Ionáin Action Group on January 21, 2002.
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to–
(a) sections 2, 3 and 4 of the Local Government (Planning and Development) Act 1963;
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994 with particular reference to classes 12, 15 and 39 of Part I and class 9 of Part III of the Second Schedule to the said Regulations; and
(c) the planning history of the site.
AND WHEREAS An Bord Pleanála has concluded that–
(a) the infilling and levelling of the swallow hole has taken place on agricultural land and is land reclamation within the meaning of class 9 of Part III of the Second Schedule to the 1994 Regulations;
(b) the restrictions on exemption contained in article 10(1)(a)(vi) and (vii) of the 1994 Regulations do not apply to the infilling of the swallow hole;
(c) the making of the road which is in excess of three metres in width does not come within the scope of class 12 or class 15 of the 1994 Regulations, by reason of its width and stated permanent nature, and the making of such a road does not come within any other category of development provided for in section 4 of the 1963 Act;
(d) the construction of the shaft does not come within the scope of class 39(b) of the 1994 Regulations as it is considered that, by reason of its extent and the permanent nature of the construction, it is in excess of the reasonable needs of research or discovery in relation to the cave or stalactite; and
(e) the construction of the shaft together with its associated excavation and the spreading of spoil would, by reason of its extent and location, interfere with a view and prospect from a scenic route identified for preservation in the current Clare County Development Plan (number 16 on map 7) and would, therefore, come within the restriction on exemption in Article 10(1)(a)(vi) 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–
(i) the infilling and levelling of a swallow hole associated with the “59 series cave” is exempted development;
(ii) the making of a road running from the Ballinalackan/Doolin Road to the site of the excavation works is not exempted development; and
(iii) the construction of a concrete lined vertical shaft is not exempted development.
Dated February 21, 2003.
93.RL.3448
Waterford City and County
WHEREAS a question has arisen as to whether the construction of a road at Coum Mahon, Mahon Valley, County Waterford is or is not development or is or is not exempted development:
AND WHEREAS Declan McGrath of 10 The Estuary, King’s Channel, Waterford requested a declaration on the said question from Waterford City and County Council and the said Council issued a declaration on the 17th day of December 2015 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Declan McGrath referred the declaration for review to An Bord Pleanála on the 11th day of January 2016:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) section 2(1) of the Planning and Development Act 2000, as amended,
(b) section 3(1) of the Planning and Development Act 2000,
(c) article 6(1) and article 9(1)(a)(viiB) of the Planning and Development Regulations 2001, as amended,
(d) Parts 1 and 3 of Schedule 2 and Class 10(dd) of Part 2 of Schedule 5, and Schedule 7 to the Planning and Development Regulations 2001, as amended,
(e) the nature, scale, and extent of the earthworks required for the road, notwithstanding the possibility of mitigation and landscaping,
(f) the upland nature and agricultural use of the lands,
(g) the location of part of the earthworks within an area designated as the Comeragh Mountains Special Area for Conservation (Site code 001952), and
(h) the potential impact on the environment of the road and its length, which, it is considered, would require an Environmental Impact Statement:
AND WHEREAS An Bord Pleanála has concluded that:
(a) the construction of a road is development as defined in section 3(1) of the Planning and Development Act 2000; and
(b) the construction of a road is not exempted development:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that construction of a road at Coum Mahon, Mahon Valley, County Waterford 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 1st day of February 2018
ABP-301780-18
Louth County Council
WHEREAS a question has arisen as to whether the temporary open storage of scaffolding and miscellaneous building materials at Tullydonnell Townland, Togher, County Louth is or is not development or is or is not exempted development:
AND WHEREAS Colm Doyle of Tullydonnell, Togher, County Louth requested a declaration on this question from Louth County Council and the Council issued a declaration on the 4th day of May, 2018 stating that the matter is development and is not exempted development:
AND WHEREAS Colm Doyle referred the declaration for review to An Bord Pleanála on the 31st day of May, 2018:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
- sections 2(1), 3, 4(1)(a), 4(1)(h), 4(1)(j) and 4(4) of the Planning and Development Act, 2000, as amended,
- Articles 5, 6(1) and 9(1) of the Planning and Development Regulations, 2001, as amended,
- Class 16 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended, and
- the planning history of the site and in particular planning permission register reference number 02/1499, and conditions numbers 1 and 6 of that permission:
AND WHEREAS An Bord Pleanála has concluded that –
- the placing of scaffolding and miscellaneous building materials on the lands that are the subject of the referral represents a change of use of the lands from their authorised use for agriculture,
- this change of use raises material planning matters including visual amenity issues, and uses that are neither agricultural in nature nor incidental to the use of the adjacent dwelling, and hence impact on matters of agricultural policy in the relevant Development Plan and matters of residential amenity, and accordingly this change of use is a material change of use of the lands, and is, therefore, development,
- Class 16 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended, relates to the temporary placing of structures, works, plant or machinery on lands on or adjacent to a development site, during the period in which the development is being carried out. It requires that such items be removed at the expiration of this period and the lands reinstated and as such it does not facilitate ongoing storage on the basis that such items may be required at some future date in connection with permitted or exempted development,
- the lands that are the subject of the referral do not comprise a development site, as no development consisting of works pursuant to a permission or as exempted development are currently being undertaken on these lands that would require the use of the significant quantities of scaffolding and miscellaneous building materials stored thereon, and the Board is not satisfied, on the basis of the submissions made, that such development is about to be carried out on these lands,
- the placing of scaffolding and miscellaneous building materials on the lands that are the subject of the referral therefore does not come within the scope of Class 16 of Part 1 of the Second Schedule to the Planning and Development Regulations, 2001, as amended, as the lands in question are not a development site, nor within the scope of any other exemption provided for in the Planning and Development Act, 2000, as amended, or in the Planning and Development Regulations, 2001, as amended, and therefore, is not, exempted development, and
- in any event, any exemption that might apply to this storage is restricted, pursuant to Article 9(1)(a)(i) of the Planning and Development Regulations, 2001, as amended, as the lands that are the subject of the referral were to be developed as a woodland area, and under condition number 6 of that permission, such woodland area was to be planted and permanently retained thereafter. In addition, under condition number 1 of that permission, the development in question was to be exclusively used for the purposes of agriculture and no other use including commercial storage was permitted without the prior consent of the planning authority given by way of a planning application. Accordingly, the storage of scaffolding and miscellaneous building materials on these lands, whether on a temporary or permanent basis, would contravene these conditions of that planning permission, and therefore, is not, exempted development:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the temporary open storage of scaffolding and miscellaneous building materials at Tullydonnell Townland, Togher, County Louth is development and is not exempted development.
Dated this 28th day of December 2018
13.RL.3025
LIMERICK COUNTY
WHEREAS a question has arisen as to whether the storage of cattle for a period of 52 weeks per year within slatted sheds at Grange and Skool Hill, Kilmallock, County Limerick is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Limerick County Council of County Hall, Dooradoyle, County Limerick on the 19th day of July, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to-
(a) sections 3, 4(1)(a) and 177U of the Planning and Development Act, 2000, as amended,
(b) the planning history of the site, and
(c) the character of the development:
AND WHEREAS An Bord Pleanála has concluded that the storage of cattle for a period of 52 weeks (per year) being materially different from the use in respect of which planning permission had previously been granted for the over-wintering of cattle constitutes a use which is considered to be a material change of use and is, therefore, development. However, the use being agricultural in nature comes within the scope of the exemption provided for under section 4(1)(a) 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 (4) of the 2000 Act, hereby decides that storage of cattle for a period of 52 weeks of the year within slatted sheds at Grange and Skool Hill, Kilmallock, County Limerick is development and is exempted development.
Dated October 1, 2013.
08.RL.2985
KERRY COUNTY
WHEREAS a question has arisen as to whether works of re-excavation, cleaning-out, re-grading, forming and shaping of drains on the land at Boherboy/Urroghal, Currans, Farranfore, County Kerry is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Kerry County Council on the 5th day of March, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2 and 3 of the Planning and Development Act, 2000, as amended,
(b) the exempted development provisions, in particular Class 11 of Part 3 of Schedule 2, of the Planning and Development Regulations, 2001 and the Planning and Development (Amendment) (No.2) Regulations, 2011,
(c) the limitations on exemption set out at article 9(1)(c) of the said Regulations,
(d) Class 1 of Part 2 of Schedule 5 of the said Planning and Development Regulations, 2001,
(e) the date that the activity commenced and the purpose of the works,
(f) the Kerry County Development Plans, 2003–2009 and 2009–2015, and
(g) the findings of the planning authority, that the area of marsh dominant land was confined to Parcel A, an area of land of circa 3 hectares;
AND WHEREAS An Bord Pleanála has concluded that –
(a) the works of re-excavation, cleaning-out, re-grading, forming and shaping of drains on the land, constitute “works” within the meaning of section 3 of the Planning and Development Act, 2000,
(b) the works began before the commencement of the current definition of wetland, as set out in the Planning and Development (Amendment) (No.2) Regulations 2011 and the amendment of said Class 11 as set out in the European Communities (Amendment to Planning and Development Regulations) Regulations 2011,
(c) these works comprise field drainage for the purposes of land reclamation to facilitate improved agricultural use, and do not involve the reclamation of estuarine marsh land or of callows, the preservation of which is an objective of a development plan and therefore the works generally come within the scope of Class 11 of Part 3 of Schedule 2 of the said Regulations, and
(d) as the area of marsh dominant land is circa 3 hectares, it is significantly less than the threshold of 20 hectares of wetland, where the question of Environmental Impact Assessment would arise;
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that works of re-excavation, cleaning-out, re-grading, forming and shaping of drains on the land at Boherboy/Urroghal, Currans, Farranfore, County Kerry is development and is exempted development. In deciding not to accept the Inspector’s recommendation that the development was not exempt having regard to the Article 9 (c) of the Planning and Development Regulations, the Board considered that the term, wetland, which at the time the development commenced was not defined in Irish planning law, could be reasonably interpreted as land of a swampy or marshy nature.
Dated January 28, 2013
03.RL.2987
CLARE COUNTY
WHEREAS a question has arisen as to whether the importation of inert soils and overburden materials for spreading on agricultural land at Barntick, Clarecastle, County Clare is or is not development or is or is not exempted development:
AND WHEREAS Francis Power care of P. Coleman and Associates of Bank Place, Ennis, County Clare requested a declaration on the said question from Clare County Council and the said Council issued a declaration on the 14th day of February, 2012 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Francis Power referred the declaration for review to An Bord Pleanála on the 12th day of March, 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 3, 6 and 8 of the Planning and Development Regulations, 2001, as amended,
(c) Class 11 of Part 3 of Schedule 2 to the said Regulations, as amended,
(d) Part 2 of Schedule 5 to the said Regulations,
(e) the restrictions on exempted development under Article 9 (1)(a) (iii), (vi) and (viiB) of the said Regulations, as amended and Section 4(4) of the said Act, as amended,
(f) the Waste Management Act 1996, as amended, and
(g) the submissions made by the owner/occupier of the site:
AND WHEREAS An Bord Pleanála has concluded that–
(a) the importation of soils and overburden for spreading on agricultural land constitutes development as defined in Section 3 of the Planning and Development Act 2000, as amended, and
(b) the soils and overburden materials to be imported to the farm holding constitute ‘waste’. The activity does not, therefore, come within the scope of Article 8 (c) of the Planning and Development Regulations, 2001, as amended:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said importation of inert soils and overburden materials for spreading on agricultural land at Barntick, Clarecastle, County Clare is development and is not exempted development.
Dated April 11, 2013.
16.RL.3034
MAYO COUNTY
WHEREAS a question has arisen as to whether land reclamation for agricultural purposes involving the re-contouring of land using soil as infill material at Bunnahowen, Belmullet, County Mayo is or is not development or is or is not exempted development:
AND WHEREAS Vincent Naughton care of Kingfisher Environmental Consultants of Kellystown, Strandhill, County Sligo requested a declaration on the said question from Mayo County Council and the said Council issued a declaration on the 17th day of July, 2012 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Vincent Naughton referred the declaration for review to An Bord Pleanála on the 1st day of August, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2(1) and 3(1) of the Planning and Development Act, 2000, as amended,
(b) section 4(4) of the Planning and Development Act 2000 as substituted by section 17(1)(b) of the Environmental (Miscellaneous Provisions) Act, 2011,
(c) Articles 6(3), 8, 8A, 8B, 8C, 8D and 9(1) of the Planning and Development Regulations, 2001, as amended, and
(d) Class 11 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001, as amended:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the importation of soil for infilling on lands constitutes “works” as defined in section 2(1) of the Planning and Development Act 2000,
(b) the infilling of soil constitutes development by reference to section 3(1) of the Planning and Development Act, 2000,
(c) Article 8C of the Planning and Development Regulations 2001, as amended, does not provide an exemption for the importation of soil to a farm holding for the purposes of re-contouring of land from external sources. The exemption under Article 8C of the Planning and Development Regulations, 2001, as amended, is confined to land reclamation works including infilling of soil (but not waste material) within a farm holding, and
(d) it is not possible to state beyond reasonable doubt that the infilling of soil on this particular site would not have a significant negative impact on European Sites. The proposed infilling of soil on this site may not be considered to be exempted development by reference to section 17(1)(b) of the Environmental (Miscellaneous Provisions) Act 2011, which amends section 4(4) of the Planning and Development Act, 2000.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that land reclamation for agricultural purposes involving the re-contouring of land using soil as infill material at Bunnahowen, Belmullet, County Mayo is development and is not exempted development.
Dated May 28, 2013.
18.RL.3003
MONAGHAN COUNTY
WHEREAS the question has arisen as to whether the replacement of an existing agricultural access bridge over a stream with a new access bridge at Moy Etra, Clontibret, County Monaghan is or is not development or is or is not exempted development:
AND WHEREAS Monaghan County Council, requested a Declaration on the saidquestion from An Bord Pleanála on the 14th day of May, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Sections 2, 3(1) and 4(1)(h) of the Planning and Development Act, 2000, (as amended),
(b) Class 3 of Part III of the Second Schedule of the Planning and Development Regulations, 2001, (as amended):
AND WHEREAS An Bord Pleanála, has concluded that –
(a) The works undertaken on the site comprise the replacement of the previous bridge/access structure with a new structure and do not therefore comprise works of renewal or reconstruction, and
(b) That the replacement structure in question comprises a bridge and does not come within the scope of development included in Class 3 of Part 3 of the Second Schedule to the Planning and Development Regulations, 2001 (as amended) as being exempted:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the Planning and Development Act, 2000, hereby decides that the said development at Moy Etra, Clontribet, County Monaghan does constitute development and that this development is not exempted development. In deciding not to accept the Inspector’s recommendation that the development in question was exempted development, the Board was satisfied having regard to all of the information on file, including in relation to the nature of the watercourse and the photographs of the replacement structure and the original bridge, that the replacement structure in question was a bridge in both form and function, notwithstanding that a pre-cast concrete element has been used to form the new bridge, and that such an element is also used to create culverts in other situations. Dated February 4, 2013
09.RL.2521
KILDARE COUNTY
WHEREAS a question has arisen as to whether the change of use of an existing four bay frame unit (i) front two bays commercial garage complete with forecourt car parking, car wash for public/ commercial use, high level side boundary walls, front boundary wall with recessed entrance and (ii) rear two bays for agricultural/horticultural use complete with recessed entrance and access road to nursery, granted permission under planning register reference number 98/346, to a recycling facility at Grangeclare, Kilmeague, Naas, County Kildare is or is not exempted development:
AND WHEREAS Carmon Waste Solutions Limited of Hazyview, Moorepark, Garristown, County Dublin requested a declaration on the said question from Kildare County Council and the said Council issued a declaration on the 14th day of February, 2008 stating that the said development was not exempted development:
AND WHEREAS the said Carmon Waste Solutions Limited care of George C. Hanningan of 10 Finsbury Park, Upper Churchtown Road, Dublin referred the declaration for review to An Bord Pleanála on the 12th day of March, 2008:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) article 5(1) of the Planning and Development Regulations, 2001,
(c) article 10(1) and 10(2) and the classes of use specified in Part 4 of Schedule 2 to these Regulations,
(d) the permission granted by the planning authority for use of part of the physically subdivided structure as an agricultural/ horticultural use and part of the structure as a commercial garage with forecourt car sales under planning register reference number 98/ 346, and
(e) the amalgamation of the separate units into a single unit:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the works comprising of the amalgamation into a single unit of two number separate units constitute development within the meaning of s.3(1) of the Act, and
(b) the change of use from agricultural/horticultural use, from commercial garage use and from forecourt car sales use to use as a recycling facility, which is a sui generis use, does constitute a material change of use:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by s.5(3)(a) of the Planning and Development Act, 2000 Act, hereby decides that the said change of use from agricultural/horticultural use, from commercial garage use and from use as car sales forecourt permitted under planning register reference number 98/346 to use as a recycling facility at Grangeclare, Kilmeague, Naas, County Kildare is development and is not exempted development.
MATTERS CONSIDERED In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.
Dated October 15, 2008
17.RL.2387
MEATH COUNTY
WHEREAS a question has arisen as to whether the provision of a farm access road and land recovery at Beaumont, Bellewstown, County Meath is or is not development or is or is not exempted development:
AND WHEREAS Thomas Jenkinson care of Frank Burke and Associates of Baldara, Trim Road, Navan, County Meath requested a declaration on the said question from Meath County Council and the said Council issued a declaration on September 13, 2006 stating that the said development was development:
AND WHEREAS the said Thomas Jenkinson referred the declaration for review to An Bord Pleanála on October 9, 2006:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) Sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) Articles 6 and 9 of the Planning and Development Regulations, 2001, and
(c) class 11, Column 1 of Part 3 of Schedule 2 to the said Regulations:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the disposal of soil and topsoil and the provision of a temporary farm access road on low-lying ground for the purposes of land reclamation and increased productivity of the agricultural land constitutes works that come within the scope of Section 2(1) of the Planning and Development Act 2000,
(b) the said works constitute development that comes within the scope of Section 3(1) of the said Act,
(c) subject to Article 9, the said works generally come within the scope of the exemption provided at class 11 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001, and
(d) the said works come within the scope of the restriction on that exemption set out at Article 9(1)(a)(iii) of the said Regulations insofar as it is considered that the intensified use of the county road, which is restricted in terms of width, by heavy goods vehicles associated with the development would endanger public safety by reason of obstruction of road users:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by Section 5 (3) (a) of the 2000 Act, hereby decides that the said provision of a farm access road and land recovery at Beaumont, Bellewstown, County Meath is development and is not exempted development.
Dated April 18, 2007.
17.RL.2479
MEATH COUNTY
WHEREAS a question has arisen as to whether a land recovery project for the importation of soil and topsoil for deposition and spreading on lands at Strokestown, Trim, County Meath is or is not exempted development:
AND WHEREAS Pat Fallon Construction Limited care of Frank Burke and Associates of Baldara, Trim, County Meath requested a declaration on the said question from Meath County Council and the said Council issued a declaration on the 28th day of September, 2007 stating that the said undertaking was development requiring planning permission:
AND WHEREAS the said Pat Fallon Construction Limited referred the declaration for review to An Bord Pleanála on the 5th day of October, 2007:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to-
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) articles 6 and 9 of the Planning and Development Regulations, 2001,
(c) class 11 of Part 3 of Schedule 2 to the said Regulations, and
(d) the existing road network in the vicinity, the provisions made for access to the site and the nature of the traffic which would be generated:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the disposal of soil and topsoil on the lands for the purposes of land reclamation and increased productivity of the agricultural land constitutes works that come within the scope of section 2(1) of the Planning and Development Act, 2000,
(b) the said works constitute development that comes within the scope of section 3(1) of the said Act,
(c) subject to article 9 of the Planning and Development Regulations 2001, the said works generally come within the scope of the exemption provided at class 11 of Part 3 of Schedule 2 to the said Regulations, and
(d) the said works come within the scope of the restriction on that exemption set out at article 9 (1)(a)(iii) of the said Regulations insofar as it is considered that the proposal would endanger public safety by reason of traffic hazard and obstruction of road users, due to the traffic turning movements that the proposed development would generate on the Regional Road (R158):
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 land recovery project for the importation of soil and topsoil for deposition and spreading on lands at Strokestown, Trim, County Meath 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 April 24, 2008
S.5 Declaration Reclamation
04.RL.2156
CORK COUNTY
WHEREAS a question has arisen as to whether development including use of the foreshore inside and outside the boundary of planning register reference number S/2861/91, An Bord Pleanála reference number 4/5/87859, is or is not development or is or is not exempted development:
AND WHEREAS Kingston Brothers Kinsale Boatyard Limited 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 April 6, 2004 stating that the said development was development and was not exempted development:
AND WHEREAS Kingston Brothers Kinsale Boatyard Limited referred the declaration for review to An Bord Pleanála on April 30, 2004:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3, 4 and 225 of the Planning and Development Act, 2000,
(b) Articles 6 and 9 of the Planning and Development Regulations, 2001, and
(c) classes 21 and 54 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001:
AND WHEREAS An Bord Pleanála has concluded that—
(a) Any development on or use of the foreshore whether outside or inside the boundaries of the development permitted under S/2861/91 and carried out prior to the commencement of the 2000 Act (that is, March 11, 2002) does not come within the scope of the Planning Acts 1963-1999 or the scope of the 2000 Act, being outside the functional area of the planning authority.
(b) The works carried out on the foreshore after the commencement of the 2000 Act (that is, March 11, 2002) and outside the boundaries of the site permitted as a facility for the winter lay-up and maintenance of sailing yachts and leisure motor boats, including hardstanding, dock, boathouse and office do not come within the scope of class 21 of Part 1 of Schedule 2 to the 2001 Regulations as they are outside the land used as a dock, harbour or quay.
(c) The works of reclamation carried out on the foreshore after the commencement of the 2000 Act and outside the boundaries of the site permitted under S/2861/91 which were for the purpose of protecting the facility as permitted come within the scope of class 54 of Part 1 of Schedule 2 to the 2001 Regulations provided they do not exceed 100 square metres in area.
(d) Development consisting of the partial reconstruction or spray painting of boats does not constitute general maintenance of yachts or boats as such is expressly excluded in condition number 2 of S/2861/91 and, therefore, the provisions of Article 9(1)(a)(i) apply.
(e) The partial reconstruction or spray painting of boats does not relate to a structure and, therefore, does not come within the scope of section 4(1)(h) of the 2000 Act:
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 developments carried out at the site over and above those permitted under planning register reference number S/2861/91 prior to the commencement of the 2000 Act are outside the scope of the Planning Acts,
(ii) development carried out on the foreshore and outside the boundaries of the site permitted under planning register reference number S/ 2861/91 after the commencement of the 2000 Act is not exempted development, except for development related to reclamation of the foreshore for the purposes of protecting the permitted facility and which does not exceed 100 square metres in area, and
(iii) development consisting of partial reconstruction or spray painting of boats is not exempted development.
Dated January 20, 2006
63.RF.0851
KILLARNEY URBAN DISTRICT
WHEREAS a question has arisen as to whether the laying out of land including raising of the level of part thereof by the deposit of fill for the purpose of providing a golf course at Bunrower, Killarney, County Kerry is or is not exempted development
AND WHEREAS the said question was referred to An Bord Pleanála by Reid Associates of 2 Arran Square, Off Lincoln Lane, Dublin on behalf of Thomas Lyne on the 3rd day of March, 1998:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to –
(a) sections 3 and 4 of the 1963 Act,
(b) articles 10 and 11 of the Local Government (Planning and Development) Regulations, 1977 with particular reference to
(i) Class 26(c) of Part I of the Third Schedule to these Regulations, and
(ii) Class 37 of Part I of the Third Schedule to the 1977 Regulations, as amended by article 6 of the Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984, and
(c) article 12 of the Local Government (Planning and Development) Regulations, 1994:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the development commenced prior to the 16th day of May, 1994,
(b) the development includes works which may come within the scope of Class 26(c) of Part I of the Third Schedule to the 1977 Regulations, having regard particularly to article 12 of the 1994 Regulations, which development includes and depends upon a large element of land reclamation by the deposit of fill, and
(c) the said land reclamation would not come within the scope of Class 37 of Part I of the Third Schedule of the 1977 Regulations, as amended by article 6 of the Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984, having regard particularly to the fact that the land will not be used for agriculture or forestry:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 of the 1963 Act, hereby decides that the said laying out of land including raising of the level of part thereof by the deposit of fill for the purpose of providing a golf course is not exempted development.
Dated this 1st day of September 1998.
ABP-305937-19
Westmeath County Council
WHEREAS a question has arisen as to whether the installation and operation of two number specialised degassing machines for the treatment of 7,000 tonnes of refrigerators and freezers per annum to facilitate the shredding, recycling and reclamation of the fridge/freezer materials, at KMK Metals Recycling Limited, Moate Road, Kilbeggan, County Westmeath is or is not development or is or is not exempted development:
AND WHEREAS KMK Metals Recycling Limited care of SLR Consulting of 7 Dundrum Business Park, Windy Arbour, Dublin requested a declaration on this question from Westmeath County Council and the Council issued a declaration on the 24th day of October, 2019 stating that the matter was development and was not exempted development:
AND WHEREAS KMK Metals Recycling Limited referred the declaration for review to An Bord Pleanála on the 19th day of November, 2019:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to —
(a) sections 2(1), 3(1) and 4(1)(h) of the Planning and Development Act 2000, as amended,
(b) articles 6(1) and 9(1) of the Planning and Development Regulations, 2001, as amended,
(c) Class 21 of Schedule 2 of Part 1 to those Regulations, and
(d) the planning history of the subject site and, in particular, planning register reference number 16/6002:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the permitted use of the subject premises is for recycling of metal, waste electrical and electronic equipment (WEEE) as per planning register reference number 16/6002,
(b) the installation of two number specialised degassing machines for the treatment of 7,000 tonnes of refrigerators and freezers per annum to facilitate the shredding, recycling and reclamation of the fridge/freezer materials, constitutes works and is development,
(c) the works, comprising installation of two number specialised degassing machines, are exempted development having regard to section 4(1)(h) of the Planning and Development Act 2000, as amended, and Class 21 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001, as amended,
(d) the operation of two number specialised degassing machines for the treatment of 7,000 tonnes of refrigerators and freezers per annum to facilitate the shredding, recycling and reclamation of the fridge/freezer materials, is a change to the permitted use on the site but such change does not raise any new or additional planning considerations over and above those already considered under planning register reference number 16/6002 and is, therefore, not material, and
(e) the operation of two number specialised degassing machines is, therefore, not development:
FURTHERMORE, with regard to the installation of two number specialised degassing machines for the treatment of 7,000 tonnes of refrigerators and freezers per annum to facilitate the shredding, recycling and reclamation of the fridge/freezer materials, An Bord Pleanála has determined, that having regard to
(a) the nature and scale of the development the subject of this referral, which does not exceed the thresholds set out in Schedule 5 of the Planning and Development Regulations 2001, as amended,
(b) the location of the site on lands zoned for Enterprise and Employment uses in the Westmeath County Development Plan 2014—2020, and the results of the Strategic Environmental Assessment of the plan,
(c) the location of the site outside any sensitive location identified in article 109(4)(a) of the Planning and Development Regulations 2001, as amended, and the absence of any likely significant effects thereon,
(d) the guidance set out in “Environmental Impact Assessment Guidelines for Consent Authorities regarding sub-threshold Development”, issued by the Department of the Environment, Heritage and Local Government in August, 2003, and
(e) the criteria set out in Schedule 7 of the Planning and Development Regulations 2001, as amended the development would not be likely to have significant effects on the environment and that the preparation and submission of an environmental impact assessment report would not therefore be required:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that, at KMK Metals Recycling Limited, Moate Road, Kilbeggan, County Westmeath,
(a) the installation of two number specialised degassing machines for the treatment of 7,000 tonnes of refrigerators and freezers per annum to facilitate the shredding, recycling and reclamation of the fridge/freezer materials, is development and is exempted development, and
(b) the operation of two number specialised degassing machines for the treatment of 7,000 tonnes of refrigerators and freezers per annum to facilitate the shredding, recycling and reclamation of the fridge/freezer materials, is not development.
Dated this 19th day of May 2020
ABP-300489-17
Offaly County Council
WHEREAS a question has arisen as to whether the importation of soil for the purposes of site restoration and restoration works using imported inert soil in relation to authorised quarry lands at Cartron, Durrow, County Offaly is or is not development or is or is not exempted development:
AND WHEREAS the question was referred to An Bord Pleanála by Offaly County Council on the 20th day of December, 2017:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
- sections 2(1), 3(1), 4 and 177O of the Planning and Development Act, 2000, as amended,
- Articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
- the planning history of the site and, in particular, the grant of substitute consent for the quarry in question, under An Bord Pleanála reference number 19.SU.0095 dated the 29th day of June, 2015, and
- the submissions on file and the nature of the proposal:
AND WHEREAS An Bord Pleanála has concluded that –
- the importation of soil for the purposes of site restoration and restoration works using imported inert soil on lands constitutes ‘works’ as defined in section 2(1) of the Planning and Development Act, 2000, as amended and is, therefore, development,
- the subject works involve the importation and deposition on land of inert soil (whether or not it is deemed to comprise a waste or a by-product) and, therefore, pursuant to section 3 (2)(b)(iii) of the Planning and Development Act, 2000, as amended, the use of the land has materially changed and, therefore, is development,
- the grant of substitute consent under An Bord Pleanála reference number 19.SU.0095 required, under condition number 2, that the developer was to submit to, and agree in writing with, the planning authority, within three months of the date of the Order (that is, within three months of the 29th day of June, 2015), an implementation programme for the progressive restoration of the site in accordance with section 9.4 of the submitted remedial Environmental Impact Statement and drawing number CD014/02, and also required that restoration works were to be implemented in accordance with the agreed programme,
- no evidence has been submitted that the developer had submitted this implementation programme, as required by this condition, and that such an implementation programme had been agreed in writing with the planning authority, nor that any restoration works that have taken place on the subject site, including the importation of soil and its use on the site for restoration, has been carried out in accordance with such an agreed programme,
- if it could be established that the soil that has been infilled was not waste, then the development in question would be classified as land reclamation, and potentially, if the lands in question were to be restored as part of a farm holding, and not used as a quarry at any time in the future, would come within the scope of Article 8C of the Planning and Development Regulations, 2001, as amended, but,
- having regard to the lack of evidence of compliance with condition number 2 of the grant of substitute consent under An Bord Pleanála reference number 19.SU.0095, any exemption that would, otherwise, apply is restricted pursuant to Article 9 (1)(a)(i) of the Planning and Development Regulations, 2001, as amended, as such restoration would, in the absence of the agreed programme, contravene this condition and, therefore, the development in question is not exempted development:
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 importation of soil for the purposes of site restoration and restoration works using imported inert soil in relation to authorised quarry lands at Carton, Durrow, County Offaly is development and is not exempted development.
Dated this 18th day of December 2018
05E.RL.3318
Donegal County
WHEREAS a question has arisen as to whether land reclamation using baled tyres at Meenyollan,Carrowblagh, Carndonagh, County Donegal is or is not development or is or is not exempted development:
AND WHEREAS Michael McLaughlin care of Harley Planning Consultants Limited of 1 Melmount Park, Straban, County Tyrone requested a declaration on the said question from Donegal County Council and the said Council issued a declaration on the 17thday of October, 2014 stating that the said matter is development and is not exempted development:
AND WHEREAS the said Michael McLaughlin referred the declaration for review to An Bord Pleanála on the 10th day of November, 2014:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Section 3(1) of the Planning and Development Act, 2000,
(b) Section (4)(1)(l) of the Planning and Development Act, 2000, as amended,
(c) Articles 6 and 9(1)(a)(i) of the Planning and Development Regulations, 2001,
(d) Articles 8, 8B and 8C of the said Regulations, as amended, and
(e) Class 11 of Part 3 of Schedule 2 of the said Regulations, as amended:
AND WHEREAS An Bord Pleanála has concluded that the works in question comprise development, and that-
(a) taking into account the nature, scope, extent of earthworks, changing of ground levels, and importation of material, the said development comprises land reclamation as opposed to merely field drainage,
(b) the land reclamation does not come within the scope of Section (4)(1)(l) of the Planning and Development Act, 2000, as amended, as the works do not consist of works carried out by the Minister for Agriculture, his servants or agents and does not constitute works referred to in the Land Reclamation Act 1949,
(c) the land reclamation involves the use of a waste material and therefore does not come within the scope of the exemption set out in article 8C of the Planning and Development Regulations, 2001, as amended, nor does the land reclamation come within the scope of exemptions set out in Article 8 or 8B of those Regulations, and
(d) the said development does not come within the scope of Class 11 of Part 3, Schedule 2 of the said Regulations, as amended as the works do not constitute the drainage or reclamation of ‘wetlands’ as defined in the said Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the said land reclamation using baled tyres at Meenyollan, Carrowblagh, Carndonagh, County Donegal is development and is not exempted development.
Dated this 19 March 2015.
APB-302878-18
Monaghan County Council
WHEREAS a question has arisen as to whether works carried out to change the level of land up to three metres in parts, leading to the destruction of a boundary hedgerow and redirection of groundwater at Drumquill, Castleblayney, County Monaghan is or is not development or is or is not exempted development:
AND WHEREAS Martin Molloy of Drumquill, Castleblayney, County Monaghan requested a declaration on the question from Monaghan County Council and no declaration issued by the planning authority:
AND WHEREAS Martin Molloy referred the question for decision to An Bord Pleanála on the 30th day of October, 2018:
AND WHEREAS An Bord Pleanála reformulated the question as follows —
“whether works carried out to change the level of land by the excavation and deposition of soil from another part of the landholding at Drumquill, Castleblayney, County Monaghan is or is not development or is or is not exempted development”:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to —
- Sections 2, 3 and 4 of the Planning and Development Act 2000, as amended,
- Articles 6(1), 9(1) and 8C of the Planning and Development Regulations 2001, as amended,
- the planning history of the site,
- the submissions on the file, and
- the report of the Inspector:
AND WHEREAS An Bord Pleanála has concluded that —
- the works carried out to change the level of land by the excavation and deposition of soil from another part of the landholding is development, as defined under sections 2(1) and 3(1) of the Planning and Development Act 2000, as amended;
- the development that has taken place does not come within the scope of Article 8C (land reclamation) of the Planning and Development Regulations 2001, as amended, and is therefore not exempted development;
- the development that has taken place is intrinsically linked to existing developments on the landholding that do not have the benefit of planning permission, and the works come within the scope of Article 9(1)(a)(viii) of those Regulations, and are therefore not exempted development; and
- the development that has taken place does not come within the scope of any class of development listed in Part 1 or Part 3 of Schedule 2 to those Regulations:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (b) of the 2000 Act, hereby decides that the works carried out to change the level of land by the excavation and deposition of soil from another part of the landholding at Drumquill, Castleblaney, County Monaghan is development and is not exempted development. Dated this 13th day of March 2019
02.RL.3540
Cavan County
WHEREAS a question has arisen as to whether the recovery of surplus excavated inert soil and the importing of that soil for infilling low lying area at Dunancory, Virginia, County Cavan is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Cavan County Council of Courthouse, Cavan on the 24th day of January 2017:
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) Section 4(1)(l) and 4(4) of the Planning and Development Act 2000, as amended,
(c) Articles 5, 6 and 8 of the Planning and Development Regulations 2001, as amended and Class 11 of Part 3 of Schedule 2 of the said Regulations, as amended,
(d) the restrictions on exempted development under Article 9(1)(a)(iii) and Article 9(1)(a)(viiB) of the said Regulations, as amended,
(e) the Waste Management (Facility Permit and Registration) Regulations 2007 (as amended by S.I. No. 86 of 2008), and
(f) the submission on file by the applicant to the planning authority:
AND WHEREAS An Bord Pleanála has concluded that:
(a) the importation of soil for the purpose of infilling a low lying area of land constitutes ‘works’ and alteration of that land, and therefore ‘development’ as defined in section 2 and section 3, respectively, of the Planning and Development Act 2000, as amended,
(b) the development does not come within the scope of the exemption set out under section 4(1)(l) of the Planning and Development Act 2000, as amended by the Environment (Miscellaneous Provisions) Act 2011,
(c) the development does not come within the scope of the exemption set out in article 8C of the Planning and Development Regulations 2001, as amended, in respect of Land Reclamation, because it is proposed to import material from outside the landholding in order to carry out the development, and furthermore the material proposed to be imported is a waste material (noting that the recovery of excavated inert soil, for the purpose of the improvement or development of land, is identified as a waste activity in the Waste Management (Facility Permit and Registration) Regulations 2007 (as amended),
(d) the development does not come within the scope of Class 11 of Part 3 of Schedule 2 of the Planning and Development Regulations 2001, as amended, (Land Reclamation—infilling of wetlands) because of noncompliance with the Conditions and Limitations Column 1 of that Class, as the area in question exceeds the 0.1 hectares, and
(e) as no exemptions are available for the development in question, it is not necessary for the Board to examine whether appropriate assessment issues or traffic hazard issues arise:
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 recovery of surplus excavated inert soil and the importing of that soil for infilling low lying area at Dunancory, Virginia, County Cavan 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 12th day of January 2018
09.RL.2170
KILDARE COUNTY
WHEREAS a question has arisen as to whether reclamation of land at Rathcoffey Road, Barberstown, Maynooth, County Kildare is or is not exempted development.
AND WHEREAS Declan Geraghty care of Keane Solicitors of Hardiman House, Eyre Square, Galway requested a declaration on the said question from Kildare County Council and the said Council issued a declaration on May 14, 2004 stating that the said reclamation of land was not exempted development
AND WHEREAS the said Declan Geraghty referred the declaration for review to An Bord Pleanála on June 9, 2004.
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3 and 4 of the Planning and Development Act 2000; and
(b) article 6(3) of the Planning and Development Regulations 2001 with particular reference to Class 11 of Pt 3 of Sch.2 to these Regulations:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the activity/operation described in this referral constitutes a material change of use of the land by reference to s.3(2)(b)(iii) of the Planning and Development Act 2000;
(b) the activity/operation described in this referral constitutes development as defined in s.3 of the Planning and Development Act, 2000; and
(c) the land the subject of this referral is not land which is used only for the purpose of agriculture or forestry and does not come within the scope of Class 11 of Pt 3 of Sch.2 to the Planning and Development Regulations 2001.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by s.5(3)(a) of the 2000 Act, hereby decides that land reclamation at Rathcoffey, Barberstown, County Kildare is development and is not exempted development.
Dated October 12, 2004.
17.RL.2331
MEATHCOUNTY
WHEREAS a question has arisen as to whether a land recovery project for the importation of soil and topsoil for deposition and spreading on lands at Milltown and Mullagh, Kilcock, County Meath is or is not development or is or is not exempted development:
AND WHEREAS Thomas O’Malley care of Frank Burke and Associates of Baldara, Trim Road, Navan, County Meath requested a declaration on the said question from Meath County Council and the said Council issued a declaration on March 2, 2006 stating that the said development was development:
AND WHEREAS the said Thomas O’Malley referred the declaration for review to An Bord Pleanála on March 16, 2006:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3 and 4 of the Planning and Development Act 2000,
(b) articles 6(3) and 9(1)(a)(iii) of the Planning and Development Regulations 2001, and
(c) class 11, column 1 of Part 3 of Schedule 2 to the said Regulations:
AND WHEREAS An Bord Pleanála has concluded that—
(a) the importation of soil and topsoil for deposition and spreading on lands at Milltown and Mullagh, Kilcock, County Meath constitutes works which come within the scope of section 2(1) of the Planning and Development Act 2000,
(b) the said works constitute development which comes within the scope of section 3(1) of the said Act, and
(c) the said works fall outside the scope of the exemption provided at class 11 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001, by reason of the fact that such works do not constitute land reclamation but rather waste disposal:
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 land recovery project for the importation of soil and topsoil for deposition and spreading on lands at Milltown and Mullagh, Kilcock, County Meath is development and is not exempted development.
Dated September 13, 2006.
05.RL.2560
DONEGAL COUNTY
WHEREAS a question has arisen as to whether the construction of rock armour, land reclamation, fencing and enclosure of land at Kinletter on the north-eastern shoreline of Trusk Lough, Kinletter, Ballybofey, County Donegal is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Donegal County Council on the 8th day of August, 2008:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3 and 4 of the Planning and Development Act 2000 – 2007,
(b) articles 6(3) and 9( 1)(x) of the Planning and Development Regulations, 2001, as amended together with class 11 of Part 3 of Schedule 2 to these Regulations:
AND WHEREAS An Bord Pleanála has concluded that:
(a) the construction of rock armour, land reclamation, fencing and enclosure of land comprise works and, therefore, are development within the meaning of section 3 of the 2000-2007 Act,
(b) the construction of rock armour, land reclamation, fencing/enclosure of land would generally come within the scope of the exempted development provisions of class 11 of Part 3 of Schedule 2 to the Regulations, being for the purposes of agriculture, save that
(c) the land enclosed had been habitually open to and used by the public for recreational purposes during the ten years preceding the said enclosure and, accordingly, the said works cannot avail of the exempted development provisions of class 11 of Part 3 of the schedule 2 to the Regulations, because of the applicability of article 9(1) (x) of the said Regulations.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the said construction of rock armour, land reclamation, fencing and enclosure of land in the townland of Kinletter on the north-eastern bank of Trusk Lough, Kinletter, Ballybofey, County Donegal 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 March 11, 2009.
13.RL 2720
LIMERICK COUNTY
WHEREAS a question has arisen as to whether the removal of a mature roadside boundary hedgerow over a continuous distance of 240 metres along the public road and the proposed replacement of the hedgerow with a low earthen bank at Park, Castleconnell, County Limerick, is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Limerick County Council on the 23rd day of February, 2010:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) Section 2 of the Planning and Development Act, 2000, as amended, whereby the definition of the word “fence” includes any hoarding or similar structure but excludes any bank, wall or other similar structure composed wholly or mainly of earth or stone,
(b) Section 3 of the Planning and Development Act, 2000, whereby “development” is defined as the carrying out of any works on, in, over or under land or the making of any material change in use of any structures or other land,
(c) Section 4(1)(l) and Section 4(2) of the Planning and Development Act, 2000, as amended,
(d) the Land Reclamation Act, 1949, as referred to at Section 4(1)(l) of the Planning and Development Act, 2000, as amended,
(e) Articles 6 and 9 of the Planning and Development Regulations, 2001,
(f) Class 4 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001, and
(g) Class 11 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001:
AND WHEREAS An Bord Pleanála has concluded that –
(a) the removal of the roadside hedgerow does not constitute development,
(b) the replacement of the hedgerow by a low earthen bank alongside the public road constitutes works and is, therefore, development,
(c) the replacement of the hedgerow by a low earthen bank does not constitute land reclamation as referred to either in the Land Reclamation Act, 1949, or at Class 11 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001,
(d) an earthen bank is not a fence for the purposes of the Planning and Development Act, 2000, as amended, and, therefore,
(e) the replacement of the hedgerow by a low earthen bank does not constitute the construction or erection of a wall or fence as referred to at Class 4 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the proposed replacement of the hedgerow by a low earthen bank does not come within the exempted development provisions of Section 4(1)(l) of the Planning and Development Act, 2000, as amended, or of either Class 4 or Class 11 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001 and, therefore, is development and is not exempted development.
Dated November 9, 2010
Dated July 16, 2003.
RF.17.0805
COUNTY MEATH
WHEREAS a question has arisen as to whether works described as a reclamation of land and including the deposit of builders’ rubble at a former gravel quarry at Bracetown, Clonee, County Meath are or are not exempted development within the meaning of the Local Government (Planning and Development) Acts 1963 to 1993:
AND WHEREAS the said question was referred to An Bord Pleanála by Patrick J. Nerney of 13 Mountdown Road, Dublin on behalf of Anthony McDonnell on the 31st day of January, 1997:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to-
(a) sections 2, 3 and 4 of the 1963 Act, and
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations 1994 with particular reference to Class 9 of Part III of the Second Schedule to these Regulations:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the works the subject of this reference constitute a material change of use of the land by reference to section 3(2) (b) (iii) of the 1963 Act,
(b) the said works do not come within the scope of Class 9 of Part III of the Second Schedule to the 1994 Regulations, and
(c) the carrying out of the said works would come within the scope of article 10(1) (a) (iii) 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 works are not exempted development. Dated this 30th day of May 1997
25.RL.2051
WESTMEATH COUNTY
WHEREASa question has arisen as to whether the filling of land at Balnavine, Collinstown, County Westmeath is or is not development or is or is not exempted development.
AND WHEREASDavid McDowell care of John Madden and Associates of 2 Dominick Place, Mullingar, County Westmeath requested a declaration on the said question from Westmeath County Council and the said Council issued a declaration on January 22, 2003 stating that the said development was not exempted development.
AND WHEREASDavid McDowell referred the declaration for review to An Bord Pleanála on February 17, 2003.
AND WHEREASAn Bord Pleanála, in considering this referral, had regard particularly to-
(a) sections 2, 3 and 4of thePlanning and Development Act 2000, and
(b) article 6(3) of the Planning and Development Regulations 2001 with particular reference to Class 11 of Part 3 of Schedule 2 to these Regulations.
AND WHEREASAn Bord Pleanála has concluded that-
(a) the activity/operation proposed in this referral constitutes a material change of use of the land by reference to section 3(2)(b)(iii)of thePlanning and Development Act 2000,
(b) the activity/operation proposed in this referral comprises development as defined in Section 3of thePlanning and Development Act 2000, and
(c) it has not been established to the satisfaction of the Board that the activity/operation proposed in this referral comes within the scope of Class 11 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001, having regard particularly to the fact that it is considered that the activity/ operation proposed in this referral does not constitute land reclamation solely for the purpose of agriculture or forestry.
NOW THEREFOREAn Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the activity/ operation proposed in this referral, the filling of land at Balnavine, Collinstown, Co. Westmeath is development and is not exempted development.
Dated October 7, 2003.
S.5 Declarations Drainage & Peat
ABP-306762-20
Wexford County Council
WHEREAS a question has arisen as to whether:
a)the widening and surfacing of the access lane with hardcore,
b)the infilling of marl hole with material, and
c)the proposed restoration and reuse of a derelict house as a habitable dwelling,
all at Ballina Upper Blackwater, County Wexford are or are not development or are or are not exempted development:
AND WHEREAS Frances Hopkinson,care of Peter Thomson Planning Solutions, of 4 Priory Grove, Kells, County Kilkenny requested a declaration on the said question from Wexford County Council and the said Council issued a declaration on the 7thday of February 2020 stating that the said matter was exempted development:
AND WHEREAS the said Frances Hopkinson referred the declaration for review to An Bord Pleanála on the 28thday of February, 2020:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
a)Sections 2 and 3 of the Planning and Development Act, 2000, as amended,
b)Articles 6, 8 and 9 of the Planning and Development Regulations, 2001, as amended,
c)Class 13 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, as amended,
d)Class 11 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001, as amended,
e)the submissions on the file, and
f)the report of the Planning Inspector:
AND WHEREAS An Bord Pleanála has concluded that-
a)the widening and surfacing of the access lane with hardcore constitutes development as it does not come within the scope of Class 13 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001, as amended, because of non-compliance with the Conditions and Limitations set out in Column 2 as parts of the access road exceed three metres in width,
b)the filing of the marl hole constitutes development and does not come within the scope of the exemption set out in Article 8(C) of the Planning and Development Regulations,2001, as amended, in respect of land reclamation, because the material used for infill is unknown and may consist of waste,
c)the filling of the marl hole does not come within the scope of Class 11 of Part 3 of Schedule 2 of the Planning and Development Regulations, 2001, as amended, because the work was not carried out for the purpose of drainage of wetlands, and
d)the proposed restoration and reuse of a house, which is not considered to be derelict, as a habitable dwelling is development and is exempted development:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that:
a)the widening and surfacing of an access lane with hardcore is development and is not exempted development,
b)the infilling of a marl hole with material is development and is not exempted development, and
c)the proposed restoration and reuse of a house as a habitable dwelling is development and is exempted development,
all at Ballina Upper, Blackwater, County Wexford. Dated this 20thday of August 2021
ABP-307207-20
Kildare County Council
WHEREAS a question has arisen as to whether the proposed increase in annual intake from 97,000 tonnes to 120,000 tonnes at the Glassco Recycling Facility, Unit 4, Oberstown Industrial Park, Caragh Road, Naas, County Kildare is or is not development or is or is not exempted development:
AND WHEREAS Glassco Recycling Limited care of Tom Phillips and Associates of 80 Harcourt Street, Dublin requested a declaration on the said question from Kildare County Council and the said Council issued a declaration on the 10thday of March, 2020 stating that the said matter is development and is not exempted development:
AND WHEREAS Glassco Recycling Limited referred the declaration for review to An Bord Pleanála on the 19thday of May, 2020:
(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)Article 6(1) and Article 9(1)(c) of the Planning and Development Regulations, 2001, as amended,
(d)Schedule 5, Part 2, Article 13(a)(ii) of the Planning and Development Regulations, 2001, as amended,
(e)the planning history of the site, and
(f)the report of the Inspector:
AND WHEREAS An Bord Pleanála has concluded that –
(a)the increase in the annual tonnage intake at the facility of 23,000 tonnes is material in terms of additional volume compared to the annual tonnage of 97,000 tonnes as permitted under An Bord Pleanála reference number 09.SU.0015;
(b)the increase in the annual tonnage intake at the facility would raise material planning issues including potential impacts from additional traffic movements to/from the subject site onto the public road network, from additional storm discharge levels and from additional dust deposition levels;
(c)the increase in the annual tonnage intake at the facility would therefore constitute a change in the use of the facility that is a material change in the use by reason of intensifications;
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a)there is no provision in planning legislation by which development could be deemed exempt.
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 whether the proposed increase in annual intake from 97,000 tonnes to 120,000 tonnes at the Glassco Recycling Facility, Unit 4, Oberstown Industrial Park, Caragh Road, Naas, County Kildare is development and is not exempted development.
Dated this 28thDay of May 2021
02.RL.3086
Cavan County
WHEREAS a question has arisen as to whether the maintenance and cleaning of an existing field drain for the purpose of agriculture at Lisnamandra, Crossdoney, County Cavan is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Cavan County Council on the 20th day of March, 2013:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to
(a) sections 2, 3 and 4 (1) of the Planning and Development Act, 2000, as amended,
(b) the definition of wetlands contained in article 3 of the Planning and Development (Amended)(No. 2) Regulations, 2011,
(c) articles 6 and 9 of the Planning and Development Regulations, 2001, as amended,
(d) Class 3 and Class 11 of Part 3 of Schedule 2 to the said Regulations, and
(e) the nature and scope of the works for the purpose of ‘keeping the existing channels maintained in their normal working order’:
AND WHEREAS An Bord Pleanála has concluded that
(a) the removal of silt and debris constitutes ‘works’ as referred to in section 2 of the Planning and Development Act, 2000, as amended; and
(b) the nature and scope of works constituting the removal of silt and debris in the context of ‘keeping the existing channels maintained in their normal working order’ comes within the meaning of Class 3 of Part 3 of Schedule 2 to the Planning and Development Regulations, 2001, as amended, and does not constitute drainage of wetlands:
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 works being maintenance and cleaning of an existing field drain for the purpose of agriculture is development and is exempted development.
Dated July 23 2013.]
10.RL.3030
KILKENNY COUNTY
WHEREAS a question has arisen as to whether the drainage works carried out on Grassland Fertilizers (Kilkenny) Limited facility at Tullaroan Road, Palmerstown, County Kilkenny is or is not development or is or is not exempted development:
AND WHEREAS Mark Cantwell of PM Cantwell Limited of Lazeybush, Tullaroan Road, Kilkenny requested a declaration on the said question from Kilkenny County Council and the said Council issued a declaration on the 27th day of June, 2012 stating that the said matter is development and is exempted development:
AND WHEREAS the said Mark Cantwell referred the declaration for review to An Bord Pleanála on the 24th day of July, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to—
(a) sections 2, 3, 4 and 177U of the Planning and Development Act 2000, as amended,
(b) Class 41(c) of Part 1 of Schedule 2 to the Planning and Development Regulations 2001,
(c) Articles 6 and 9 of the Planning and Development Regulations 2001, as amended,
(d) the planning history of the site, and
(e) the section 12 Notice under the Local Government (Water Pollution) Acts 1977 to 2007 (as amended) served on Grassland Fertilizers (Kilkenny) Limited:
AND WHEREAS the Board completed a screening exercise, taking into account the Inspector’s report and submissions on file, in relation to potential impacts of the site having regard to the nature and scale of the proposed development and characteristics of the River Barrow and River Nore Special Area of Conservation; no Appropriate Assessment issues arise and whereas the Board concluded on the basis of the information available that the works the subject of the referral, either individually or in combination with other plans or projects would not be likely to have a significant effect on the European site and in particular specific site number 002162:
AND WHEREAS the Board considered that the works the subject of the referral would not consist of modifications to an establishment that could have repercussions on major accident hazards:
AND WHEREAS An Bord Pleanála has concluded that the drainage works carried out as a consequence of the said section 12 Notice served to Grassland Fertilizers (Kilkenny) Limited constitute development that would come within the scope of Class 41(c) of Part 1 of Schedule 2 of the Planning and Development Regulations 2001:
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the said drainage works carried out on Grassland Fertilizers (Kilkenny) Limited facility at Tullaroan Road, Palmerstown, County Kilkenny is development and is exempted development.
Dated April 10, 2013.
25.RL.2969
WESTMEATH COUNTY
WHEREAS a question has arisen as to whether the drainage of boglands, peat extraction, accesses from public roads, peat handling activities and other associated activities and works at Camagh Bog, Doon, Castlepollard, County Westmeath are or are not development or are or are not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Westmeath County Council of County Buildings, Mullingar, County Westmeath on the 25th day of January 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to–
(a) sections 2, 3 and 4 of the Local Government (Planning and Development) Act, 1963,
(b) sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended,
(c) section 17(2) of the Environment (Miscellaneous Provisions) Act, 2011,
(d) articles 3 and 11 and schedule 7 of the Planning and Development Regulations, 2001,
(e) the submissions on file, including that the said works commenced on the site before the status of use of land for turbary as exempted development under section 4(1)(a) of the Local Government (Planning and Development) Act, 1963, was subsequently restricted by the Local Government (Planning and Development) Regulations, 1994 and by the Planning and Development Act, 2000, as amended, and Regulations made thereunder, and
(f) the nature and extent of the works that were apparent upon inspection of the site:
AND WHEREAS An Bord Pleanála has concluded that–
(a) the extraction of peat and associated works that are the subject matter of this referral, apart from the handling of peat which is an activity that does not constitute works, involve the carrying out of works on land in an intensive and sustained manner and the commencement of such works involved a material change in the use of land even if peat extraction had occurred on the same land in an occasional and less intensive manner before then,
(b) both the carrying out of the said works and the material change of use to which their commencement gave rise, constitute development under section 3 of the Local Government (Planning and Development) Act, 1963, and section 3 of the Planning and Development Act, 2000,
(c) both the material change of the use of the site and the carrying out of works was exempted development by virtue of section 4(1)(a) of the Planning and Development Act, 1963, because “use of land for turbary” was included in the definition of agriculture in section 2 of the 1963 Act,
(d) the development arising from the material change in the use of the site was completed by the commencement of works there,
(e) the ongoing development on the site arising from the continuation of works to extract peat remained exempted development after the coming into force of the Planning and Development Act, 2000, despite the omission of the reference to turbary in section 2 of the 2000 Act, by virtue of article 11 of the Planning and Development Regulations, 2001,
(f) having regard to the criteria set out in Schedule 7 of the Planning and Development Regulations, 2001, regarding the location and characteristics of the development involved in the continued works to extract peat on the site and its potential impact, it is likely that such development would have significant effects on the environment and so requires an Environmental Impact Assessment,
(g) having regard to the location of the site upstream of the Special Protection Area at Lough Derraverragh and the potential for peat extraction and drainage works there to give rise to emissions to water that could affect the habitats downstream, it is considered that the development involved in continued works to extract peat from the site, either individually or in combination with other projects, would be likely to have a significant effect on the said Natura 2000 site and so requires an Appropriate Assessment, and
(h) because the development involved in continued works to extract peat from the site requires an Environmental Impact Assessment and Appropriate Assessment then, notwithstanding article 11 of the Planning and Development Regulations 2001, any such works on or after the 20th day of September, 2012 is not exempted development by virtue of section 4(4) of the Planning and Development Act, 2000, as inserted by section 17 of the Environment (Miscellaneous Provisions) Act 2011:
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 drainage of boglands, peat extraction, accesses from public roads, peat handling activities and other associated activities and works at Camagh Bog, Doon, Castlepollard, County Westmeath are development and were exempted development until the 20th day of September, 2012 after which it [sic] is development and is not exempted development.
Dated April 15, 2013.
25.RL.2975
WESTMEATH COUNTY
WHEREAS a question has arisen as to whether the drainage of boglands, peat extraction, accesses from public roads, peat handling activities and other associated activities and works at Lower Coole, Mayne, Ballinealoe, Clonsura, near Coole and Fineagh, County Westmeath are or are not development or are or are not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Westmeath County Council of County Buildings, Mullingar, County Westmeath on the 9th day of February, 2012:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to–
(a) sections 2, 3 and 4 of the Local Government (Planning and Development) Act, 1963,
(b) sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended,
(c) section 17(2) of the Environment (Miscellaneous Provisions) Act, 2011,
(d) articles 3 and 11 and schedule 7 of the Planning and Development Regulations, 2001,
(e) the submissions on file, including that the said works commenced on the site before the status of use of land for turbary as exempted development under section 4(1)(a) of the Local Government (Planning and Development Act, 1963 was subsequently restricted by the Local Government (Planning and Development) Regulations, 1994 and by the Planning and Development Act, 2000, as amended, and Regulations made thereunder, and
(f) the nature and extent of the works that were apparent upon inspection of the site:
AND WHEREAS An Bord Pleanála has concluded that–
(a) the extraction of peat and associated works that are the subject matter of this referral, apart from the handling of peat which is an activity that does not constitute works, involve the carrying out of works on land in an intensive and sustained manner and the commencement of such works involved a material change in the use of land even if peat extraction had occurred on such land in an occasional and less intensive manner before then,
(b) both the carrying out of the said works on the sites and the material change of use to which their commencement gave rise, constitute development under section 3 of the Local Government (Planning and Development) Act, 1963, and section 3 of the Planning and Development Act, 2000,
(c) both the material change of the use of the site and the carrying out of works was exempted development by virtue of section 4(1)(a) of the Planning and Development Act, 1963, because “use of land for turbary” was included in the definition of agriculture in section 2 of the 1963 Act,
(d) the development arising from the material change in the use of the site was completed by the commencement of works there,
(e) the ongoing development on the site arising from the continuation of works to extract peat remained exempted development after the coming into force of the Planning and Development Act, 2000, despite the omission of the reference to turbary in section 2 of the 2000 Act, by virtue of article 11 of the Planning and Development Regulations, 2001,
(f) having regard to the criteria set out in Schedule 7 of the Planning and Development Regulations, 2001, regarding the location and characteristics of the development involved in the continued works to extract peat on the site and its potential impact, it is likely that such development would have significant effects on the environment and so requires an Environmental Impact Assessment,
(g) having regard to the location of the site upstream of the Special Protection Area at Lough Derraverragh and the potential for peat extraction and drainage works there to give rise to emissions to water that could affect the habitats downstream, it is considered that the development involved in continued works to extract peat from the site, either individually or in combination with other projects, would be likely to have a significant effect on the said Natura 2000 site and so requires an Appropriate Assessment, and
(h) because the development involved in continued works to extract peat from the site requires an Environmental Impact Assessment and Appropriate Assessment then, notwithstanding article 11 of the Planning and Development Regulations, 2001, any such works on or after the 20th day of September, 2012, is not exempted development by virtue of section 4(4) of the Planning and Development Act, 2000, as inserted by section 17 of the Environment (Miscellaneous Provisions) Act, 2011:
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 drainage of boglands, peat extraction, accesses from public roads, peat handling activities and other associated activities and works at Lower Coole, Mayne, Ballinealoe, Clonsura, near Coole and Fineagh, County Westmeath are development and were exempted development until the 20th day of September, 2012 after which it [sic] is development and not exempted development.
Dated April 15, 2013.
05B.RL.2528
DONEGAL COUNTY
WHEREAS a question has arisen as to whether an access road at Magheraroarty, Gortahork, County Donegal is or is not exempted development:
AND WHEREAS John McGeady care of Planning Services of Unit F, 15 Lower Main Street, Letterkenny, County Donegal requested a declaration on the said question from Donegal County Council and the said Council issued a declaration on the 7th day of March, 2008 stating that the said development was exempted development:
AND WHEREAS the said John McGeady referred the declaration for review to An Bord Pleanála on the 2nd day of April, 2008:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
(a) sections 2, 3 and 4 of the Planning and Development Act, 2000,
(b) article 9 of the Planning and Development Regulations, 2001 and
(c) Class 13 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001:
AND WHEREAS An Bord Pleanála has concluded that-
(a) a private “road or way” exists along the route of the road subject of the referral,
(b) works have been carried out to repair or improve this “road or way”,
(c) the said works constitute development within the meaning of section 3 of the Planning and Development Act, 2000 and are of a class which would generally come within the scope of the exempted development provisions of Class 13 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001, except that,
(d) having regard to the nature and extent of the works, as shown by inspection, including excavations, new drainage channels and deposits of excavated material adjoining the “road or way”, it is considered that the said works were not carried out exclusively within the boundary of the “road or way” and
(e) accordingly, the access road as constructed cannot avail of the exempted development provisions of the said Class 13 of Part 1 of Schedule 2 to the Planning and Development Regulations, 2001.
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5(3)(a) of the 2000 Act, hereby decides that the access road at Magheraroarty, Gortahork, County Donegal 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 February 9, 2009.
19.RL.2297
OFFALY COUNTY
WHEREAS a question has arisen as to whether peat extraction at Kilballyskea Bog, Shinrone, County Offaly is or is not development or is or is not exempted development:
AND WHEREAS Erin Horticulture Limited of Derrinlough, Birr, County Offaly requested a declaration on the said question from Offaly County Council and the said Council issued a declaration on October 18, 2005 stating that the said development was not exempted development:
AND WHEREAS Erin Horticulture Limited of Derrinlough, Birr, County Offaly referred the declaration for review to An Bord Pleanála on November 14, 2005:
AND WHEREAS An Bord Pleanála, in considering this referral had regard particularly to:
(a) sections 2, 3 and 4 of the Local Government (Planning and Development) Act 1963, as amended,
(b) sections 2, 3 and 4 of the Planning and Development Act 2000,
(c) article 13 of the Local Government (Planning and Development) Regulations 1994, and
(d) articles 6, 9, 11 and Part 3 of Schedule 2 to the Planning and Development Regulations 2001:
AND WHEREAS An Bord Pleanála has concluded that:
(a) having regard to the prolonged period of time that has elapsed since the carrying out of drainage works on the land without commencement of any associated harvesting of peat, the works commenced in September, 1990 and completed in 1992 have been abandoned and consequently the works the subject of the referral cannot avail of the exemption in Article 11 of the Planning and Development Regulations 2001,
(b) having regard to the prolonged period of time that has elapsed since the carrying out of drainage works on the land, which drainage works were completed in 1992, the works the subject of the referral cannot avail of the exemption in Class 17(b) of Part 3 of Schedule 2 to the Planning and Development Regulations 2001, and
(c) the works the subject of the referral are not exempted development having regard to article 9(1)(a)(ii) of the Planning and Development Regulations 2001, as it is considered that the works comprise 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 the said peat extraction at Kilballyskea Bog, Shinrone, County Offaly is development and is not exempted development.
Dated June 16, 2006.
07.RF.0820
COUNTY GALWAY
WHEREAS a question has arisen as to whether works to alleviate flooding from Crannagh Townland, Coole – Garryland to Kinvara Bay, County Galway, carried out on behalf of the Kiltiernan – Ballindereen Flood Relief Group, are or are not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by a third party, the Department of Arts, Heritage, Gaeltacht and the Islands, on the 20th day of May, 1997:
AND WHEREAS An Bord Pleanála, in considering this reference, had regard particularly to –
(a) sections 3 and 4 of the 1963 Act,
(b) articles 9 and 10 of the Local Government (Planning and Development) Regulations, 1994,
(c) the European Communities (Environmental Impact Assessment) Regulations, 1989, and
(d) the European Communities (Natural Habitats) Regulations, 1997, which transposed the Habitat Directive (namely Council Directive No. 92/43/EEC of the 21st day of May, 1992) into Irish law:
AND WHEREAS An Bord Pleanála has concluded that-
(a) the said works constitute flood-relief works as distinct from field drainage works or water management projects for agriculture,
(b) the said works do not come within the scope of paragraph 1(b) of Part II of the First Schedule to the 1989 Regulations (relating to water management projects for agriculture),
(c) it has not been established whether or not the said works come within the scope of paragraph 10(e) of Part II of the First Schedule to the 1989 Regulations (relating to canalization and flood- relief works),
(d) article 27 of the European Communities (Natural Habitats) Regulations, 1997 does not apply in any event because the matter under consideration is a reference to the Board under section 5 of the 1963 Act and is not an appeal on an application for planning permission,
(e) the said works do not come within the scope of certain field drainage works for the purposes of Class 9 of Part III of the Second Schedule to the 1994 Regulations,
(f) the said works do not come within the scope of Class 3 of Part III of the Second Schedule to the 1994 Regulations, and
(g) the works come, within the scope of article (10) (1) (a) (v) of the 1994 Regulations, having regard to the fact that the carrying out of the development would consist of or comprise the carrying out under public roads of works other than those specified in the said sub- paragraph (v):
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 works are not exempted development.
Dated this 18th day of November 1997
03.RL.3611
Clare County Council
WHEREAS a question has arisen as to whether groundworks including the importation and deposition of fill material and the creation of a hardstanding area and the raising of ground levels at Tulla Road environs, Ennis, County Clare is or is not development or is or is not exempted development:
AND WHEREAS the said question was referred to An Bord Pleanála by Clare County Council on the 4th day of September, 2017:
AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to –
- sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended,
- Articles 6, 8 and 9 of the Planning and Development Regulations 2001, as amended, and
- Class 16 of Part 1 of Schedule 2 to those Regulations:
AND WHEREAS An Bord Pleanála has concluded that –
- the groundworks undertaken, including the importation and deposition of fill, the creation of a hardstanding area and the raising of ground levels, were works carried out as part of the River Fergus Lower (Ennis) Certified Drainage Scheme under the Arterial Drainage Act of 1945, and therefore were permitted development under that scheme, and
- furthermore, the use of the lands in question as a temporary compound associated with improvements in the water supply network fall within works which are exempted under the provisions of Section 4 (1) (g) of the Planning and Development Act 2000 (as amended) and Class 16 of Part 1 of Schedule 2 of the Planning and Development Regulations 2001 (as amended).
NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the groundworks undertaken including the importation and deposition of fill material to create a hardstanding area and the raising of ground levels at Tulla Road environs, Ennis, County Clare is development and is exempted development/permitted development.
Dated this 15th day of January 2019
ABP-310547-21
Westmeath County Council
WHEREAS a question has arisen as to whether the industrial extraction of peat at Doon, County Westmeath is or is not development or is or is not exempted development:
AND WHEREAS Omard Mushrooms Limited care of Traynor Environmental Limited of Belturbet Business Park, Creeny, Belturbet, County Cavan requested a declaration on the question from Westmeath County Council and the Council did not issue a declaration:
AND WHEREAS Westmeath County Council of Aras an Chontae, Mullingar, County Westmeath referred this question to An Bord Pleanala on the 17th day of June, 2021:
AND WHEREAS An Bord Pleanala, in considering this referral, had regard particularly to –
(a)Section 2 of the Planning and Development Act, 2000, as amended,
(b)Section 3 of the Planning and Development Act, 2000,
(c)Section 4 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)Schedule 2 to the Planning and Development Regulations, 2001, as amended,
(f)Schedule 5 to the Planning and Development Regulations, 2001, as amended,
(g)Schedule 7 to the Planning and Development Regulations, 2001, as amended,
(h)the planning history of the site, and
(i)the pattern of development in the area:
AND WHEREAS An Bord Pleanala has concluded that –
(a)the industrial extraction of peat is development being both works and material change of use of land, and
(b)the industrial extraction of peat is not exempted development because of the location, nature and scale of the works which require both Appropriate Assessment and Environmental Impact Assessment:
NOW THEREFORE An Bord Pleanala, in exercise of the powers conferred on it by section 5 (4) of the 2000 Act, hereby decides that the said industrial extraction of peat at Doon, County Westmeath 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 24th day of January 2022
ABP-310546–21
Westmeath County Council
WHEREAS a question has arisen as to whether the industrial extraction of peat at Baltrasna Bog, Mullingar, County Westmeath is or is not development or is or is not exempted development:
AND WHEREAS the question was referred to An Bord Pleanala by Westmeath County Council on the 17th day of June, 2021:
AND WHEREAS An Bord Pleanala, in considering this referral, had regard particularly to –
(a) Sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended,
(b) articles 6(1) and 9(1) of the Planning and Development Regulations, 2001, as amended,
(c) Schedules 2, 5 and 7 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 –
(a) the industrial extraction of peat is development, being both works and material change of use of land, and
(b) the industrial extraction of peat is not exempted development, because of the location, nature and scale of the works which require both Environmental Impact Assessment and Appropriate Assessment:
NOW THEREFORE An Bord Pleanala, in exercise of the powers conferred on it by section 5(4) of the 2000 Act, hereby decides that the industrial extraction of peat at Baltrasna Bog, Mullingar, County Westmeath is development and is not exempted development.
Dated this 20th day of December 2021
11.RF.1078
LAOIS COUNTY
WHEREASa question has arisen as to whether works at Killamuck Bog, Abbeyleix, County Laois are or are not exempted development.
AND WHEREASthe said question was referred to An Bord Pleanála by Laois County Council of County Hall, Portiaoise, County Laois on March 8, 2002.
AND WHEREASAn Bord Pleanála, in considering this reference, had regard particularly to –
(a) sections 2, 3 and 4of the Local Government(Planning and Development) Act 1963,and
(b) articles 6(3) and 9(1) of, and Part 3 of Schedule 2 to, the Planning and Development Regulations 2001.
AND WHEREASAn Bord Pleanála, having regard to the prolonged period of time that has elapsed since the carrying out of drainage works on the land without the commencement of any associated harvesting of peat, has concluded that the works commenced prior to February 1, 1990 (by way of the opening of drains) have been abandoned and consequently the works the subject of the reference cannot avail of the exemption in section 4(1)(a)of the Local Government(Planning and Development) Act 1963.
AND WHEREASAn Bord Pleanála has concluded that–
(a) the works the subject of the reference are not exempted development having regard to article 9(1)(a)(ii) of the said regulations as it is considered that the works comprise a means of access to a public road, the surface carriageway of which exceeds four metres in width,
(b) the works the subject of the reference are not exempted development having regard to article 9(1)(a)(iii) of the said Regulations as it is considered that the additional traffic movements that would be generated on a National Primary Road (N8) would endanger public safety by reason of traffic hazard or obstruction of road users, and
(c) the works the subject of the reference are not exempted development having regard to article 9(1)(a)(x) of the said Regulations as it is considered that the works would involve the fencing or enclosure of land that has been habitually open to and used by the public during a period of at least 10 years for recreational purposes.
NOW THEREFOREAn Bord Pleanála, in exercise of the powers conferred on it by section 5,of the Local Government(Planning and Development) Act 1963, hereby decides that the works at Killamuck Bog, Abbeyleix, County Laois are not exempted development.
Dated August 30, 2002.
Cases
Dolan v. Cooke
[2000] IEHC 158 (20th January, 2000)
The High Court
Dolan v Cooke
1999/83 MCA
20 January 2000
MORRIS J:
This matter comes before the Court as an Application under Section 27 of the Local Government (Planning and Development) Act 1976 as inserted by Section 19(4)(g) of the Local Government (Planning and Development Act) 1992.
The facts of the case which are not in issue between the Parties may be summarised as follows:
The Applicants are farmers and reside with their family at Drumbawn Farm, Newtownmountkennedy, Co Wicklow. The Respondent is the owner of a farm of approximately 300 acres which adjoins the Applicant’s farm on two sides. In 1991 the Respondent acquired approximately 45 acres from Coillte (hereinafter referred to as “The Coillte lands”). This lands adjoins the Applicant’s lands on the southern side and it has a common boundary which comprises a hedge or bank with a pole and wire fence erected thereon.
On the 7 September 1990 the Respondent obtained from the Wicklow County Council a planning permission for the construction of a house and new road and entrance on to his lands. This planning permission envisaged that the entrance road would cross the Coillte lands. However, one of the conditions attaching to the permission was that the proposed new road would be constructed at a distance of not less than 30 metres from the Applicant’s lands.
This planning permission lapsed due to non implementation but on the 4 September 1999 the Applicants became aware of the fact that the Respondent was engaged in work consistent with road making activities at a point adjacent to their boundary with the Coillte lands at a point at which, if the planning permission was still valid, the road making activities would not have been authorised. They accordingly, immediately applied to the court for an order restraining these activities. On the 7 September 1999 that application was compromised by an undertaking by the Respondents to discontinue this activity pending the hearing of the matter. That undertaking has been honoured in full.
The Applicant’s complaints include complaints that the road making activities engaged in by the Respondent have (a) disturbed the drainage on their lands, (b) destabilised and resulted in the demolition, at least in part, of part of the common bank between their respective properties, (c) deprived the fencing of the support which it had from the bank and has become as a result unstable, (d) disturbed the trees in the area.
In response to these complaints the Respondent denies the allegations of damage to the fencing, banks and drainage and the other complaints made by the Applicants and he claims that he is entitled to carry on the work on the grounds that it is an exempted development within the meaning of the Planning Acts. He claims that the Coillte lands are very boggy and wet and that he has invested significantly in their improvement. He says that from time to time the lands become so wet that they are impassable and on these occasions he has to travel some miles around by the main road to reach the far side of his lands. The Respondent says that to overcome this problem on the occasion complained of he spread spoil, clay and earth which he had excavated some years ago so as to lay a rough road or path which would enable him to pass across his lands. The area at which this soil is laid has been shown marked X/Y on the map exhibited. The Respondent says that this work is an exempted development for which no planning permission is required.
There are two statutory provisions to which reference must now be made.
The first is Section 4(1)(a) of the 1963 Act.
The second is Part 3 of the Local Government (Planning and Development) Regulations 1994.
With regard to Section 4(1)(a) of the 1963 Act this provides:
“4(1) The following shall be exempted developments for the purposes of this Act.
(a) Development consisting of the use of any land for the purpose of agriculture or forestry (including a fore station) . . .”
The use which the Respondents made of his lands on this occasion, according to his own Affidavit, was the dumping and spreading of clay and spoil which he had previously excavated with the overall purpose of creating a path or road. This would provide him with a more convenient way of accessing his lands and avoid his having to travel around by main road. The issue therefore is whether this is to be regarded as a use of lands “for the purpose of agriculture or fishery (including afforestation).” In my view it clearly is not. There is no doubt that it is a development within the meaning of the Section and may and probably will ultimately facilitate the working of the lands. However, if one refers to the definition of “agriculture” at Section 2(1) of the 1963 Act one finds a comprehensive description of the activities contemplated by the word. They include “horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock . . .”
I am in no doubt that the laying of a path or road, all be it for the ultimate benefit of the lands, falls outside this definition.
I am confirmed in this view by the view of Costello P when he considered Irish Wild Bird Conservancy and Commissioners of the Office of Public Works v Clonakilty Golf and Country Club Limited and others (unreported) in which the work contemplated was the repairing of the banks of a stream, cleaning of drains and repairing of the flap gate on the causeway. Costello P held that this was not a development consisting of the use of any land for the purpose of agriculture and was not an exempted development.
In my view the mere fact that the work in question may eventually benefit and enhance the lands and make them more suitable and more convenient for use for agricultural purposes does not in itself render the works a “use of land for the purposes of agriculture or forestry” for the purposes of Section 4 of the Act.
Accordingly since the onus is on the Respondent to establish to the satisfaction of the court that he is entitled to the benefit of the statutory, exemption claimed, I am of the view that he has failed to do so.
Secondly with regard to Part 3 of the Local Government (Planning and Development) Regulations 1994:-
Article 9 provides
9(1)(a)
Subject to paragraph (b) and article 10 development of a class specified in column 1 of Part 1 of the Second Schedule shall be exempted development for the purposes of the Acts, 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.
Subsection (3) provides:
(3) Subject to article 10, in areas other than county boroughs, boroughs, urban districts, towns specified in the First Schedule to the Act of 1963 and the excluded areas as defined in section 9 of the Local Government (Reorganisation) Act, 1985 development of a class specified in column 1 of Part III of the Second Schedule shall be exempted development for the purposes of the Acts, provided that such development complies with the conditions and limitations specified in column 2 of the said Part III opposite the mention of that class in the said column 1.”
Article 10 is not of relevance in the circumstances of this case.
The development to which Article 9(1)(a) refers is headed “land reclamation Class 9.” It is described as “development consisting of the carrying out on land which is used only for the purpose of agriculture or forestry of any of the following works.
(a) Field Drainage
(b) Land Reclamation
(c) The removal of fences
(d) Improvement of existing fences
(e) Improvement of hill grazing
(f) The reclamation of exturine marsh land or callows . . .”
I have considered the activities described by the Respondent in his Affidavit with a view to ascertaining whether they fall within the description of the works of land reclamation set out at Class 9. I am satisfied beyond any doubt that they do not. Nowhere among these activities is any reference made to the construction of a pathway or road, or to the spreading of soil. I am satisfied that insofar as field drainage is referred to this contemplates work by a landowner upon his own holding for the purpose of improving his own drainage and not interfering with the drainage of an adjoining landowner. Insofar as the removal of fences is concerned, I am satisfied that this activity cannot properly be construed as a reference to the removal of boundary fences to the detriment of adjoining landowners.
Accordingly the Respondent has failed to satisfy me that he is entitled to an indemnity based upon the Local Government (Planning and Development) Regulations 1994.
A secondary and subsidiary issue developed during the course of the hearing and that is the use by the Respondent of his lands for the purpose of quad sports. This recreational activity involves the hiring of vehicles, described as mini tractors, which will traverse rough terrain. In that way visitors can be brought on a tour of the Respondent’s lands. These vehicles will travel at a speed of up to 20 miles an hour. They are driven by a 2 stroke engine. They are relatively noisy.
It was part of the Applicant’s case that this newly constructed road was being used and indeed may well have been constructed for the purpose of providing a path for the quad sport vehicles. At paragraph 15 of his Supplemental Affidavit the first named Applicant sought an Order “restraining the use of the Respondent’s lands for or in connection with the operation of a quad biking business.”
During the course of the hearing the Respondent has given an undertaking to the court not to use any part of the Coillte lands for the purpose of his quad sports activity. For their part the Applicants are content to accept this undertaking and on the basis thereof are not proceeding with their claim for the injunction restraining the Respondent from so using his lands. I accordingly do not propose to deal with that relief. I wish to make it clear however that my decision in this regard is not to be taken at any future date as a determination of any issue between these Parties relating to the use of the Respondent’s lands for quad sport activities. For the moment and for the purposes of this application only the Court is not required to deal with this issue.
Accordingly I now pass to consider the reliefs to which the Applicants are entitled.
I propose to make an Order in accordance with paragraph 1 of the Notice of Motion that is to say restraining the Respondent or his Servants or Agents from spreading any further soil in the area referred to in these proceedings (which I propose to define more exactly in a moment) or from removing ditches or trees in this area. I propose to make an Order requiring that the Respondent reinstate the area by the removal of the soil from this area so that it may be reinstated and restored to its original condition in as close a manner as is possible in all the circumstances. I will make an Order directing that the Respondent reinstate the banks where they have been damaged by the carrying out of this works so that they will again provide a support for fencing between the two lands and I will direct that the Respondent reinstate the fencing to the condition that it was prior to the unauthorised acts.
I do not propose to make any Order in relation to the drainage work of which complaint has been made as I believe that that was an exempted development nor do I propose to make any Order in relation to the Applicant’s complaint of damage to trees.
I will hear Counsel as to the precise location of the area upon which the path or roadway has been constructed for the purpose of clearly identifying it on a map to be lodged with this Order.