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Planning

Exempted Development


What is Exempted Development?

Exempted development, is development for which planning permission is not required.  They usually refer to development of a minor nature, such as garages, extensions to houses and so on.  Categories of exempted development are set out in the Planning and Development Regulations 2001 (as amended) and details the exemption thresholds (size, height etc) for each category of exempted development.  If a particular development exceeds the thresholds listed, the development require planning permission.

More information on exempted development is available from: http://www.irishstatutebook.ie/eli/2000/act/30/section/4/enacted/en/html

Is Your Development Exempt?

Some minor development are exempt and do not require planning permission.  The Department of Housing Planning and Local Government have produced guidance for different categories of development detailing exemption for these categories.

Doing Work Around The House

https://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C1586%2Cen.pdf

Agriculture and Farm Development

https://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C1587%2Cen.pdf

Planning for the Business Person

https://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C1588%2Cen.pdf

All Categories and the thresholds can are set out in the Planning and Development Regulations 2001 (as amended)

Planning and Development Regulations:

http://www.irishstatutebook.ie/eli/2001/si/600/made/en/print#sched2

It should be noted that there are a number of circumstances were exemptions may apply for example is the proposal is with an Architectural Conservation Area.  A full list of such restrictions are set out in the Planning and Development Regulations: http://www.irishstatutebook.ie/eli/2001/si/600/made/en/print#part2

Can I Get Written Confirmation From the Planning Authority that my proposed development is exempt?

Yes, under Section 5 of the Planning and Development Act, any person, on payment of the prescribed Fee (€80), may request in writing from the Planning Authority a declaration as to what in any particular case is or is not exempted development within the meaning of the Act. The applicant needs to supply the Planning Authority with any information necessary to enable the Authority to make a decision on the matter.  The following application form and documents listed should be sent to the Planning Authority.

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