Development Exempted from requirement for Planning Permission
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law (particularly in Schedule 2 of the Planning and Development Regulations, 2001). There are usually certain thresholds relating to, for example, size or height and where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature, such as small extensions to houses.
Declarations on Exempted Development
In accordance with Section 5 of Planning and Development Act, 2000 any person on payment of the fee (€80.00) may request a declaration as to whether development is exempted from requirement for planning permission or not.
To request a declaration please ensure that
- the Application Form is completed
- the correct fee is attached and
- adequate information is provided to enable assessment of the matter
(such as elevational drawings/plans if relevant and a description of the development)
The council can request that the applicant submit further information to assist in the decision. If applicants are dissatisfied with the determination of the Council in relation to a declaration of exempted development then, within 4 weeks of the date that the declaration is issued by the Council, the person issued with the declaration can refer it to An Bord Pleanala for review of the matter, on payment of a fee of €210.
It is an offence to undertake any work needing planning permission without that permission. In the event of a development which required permission being found not to have planning permission, the Council have powers to stop such development. Offenders may be required to rectify any unauthorised works and will have to pay whatever costs are involved. Fines and prison sentences may also be imposed by the Courts.