Exemptions From Planning Permission in Ireland

Section 5 Declaration

Section 5 of the Planning and Development Act outlines a mechanism through which individuals can seek formal clarification on whether a proposed development or a specific part of it would be considered exempt from the requirement to obtain planning permission. This is a crucial tool for property owners, developers, and architects, as it provides legal certainty before proceeding with any development activities. Below is a summarised, detailed overview of Section 5 regarding exemptions from development:

Purpose of Section 5

Clarification on Exemptions:

Section 5 allows individuals to seek formal clarification from their local planning authority on whether a proposed development, or any part of it, is considered exempted development. This is particularly useful for ensuring that a project can proceed without the need for formal planning permission, provided it falls within the specified criteria for exemptions.

Process and Application

Application Submission: To obtain a declaration under Section 5, an individual must submit a written request to their local planning authority. This request should include detailed information about the proposed development, including plans, drawings, and any other relevant details that can help the authority make an informed decision.
Decision Timeline: The planning authority is required to decide on the Section 5 declaration request within four weeks of receiving the application. This prompt timeline ensures that applicants receive timely information to proceed with their development plans.

Outcomes of Section 5 Declaration

Declaration of Exemption: If the planning authority determines that the proposed development is exempt from planning permission, they will issue a declaration to that effect. This declaration provides legal assurance that the development can proceed without planning permission, subject to the conditions of the exemption.
Requirement for Planning Permission: Conversely, if the planning authority concludes that the proposed development does not qualify for exemption, they will inform the applicant that planning permission is required. This outcome ensures that all necessary regulatory and planning standards are met before the development proceeds.

Importance of Section 5

Legal Certainty: Obtaining a Section 5 declaration provides property owners and developers with legal certainty, reducing the risk of proceeding with a development that may later be deemed unauthorised due to the lack of planning permission.
Guidance for Compliance: The process encourages compliance with planning laws by clarifying the boundaries of exempted development, thereby helping to avoid potential legal and financial repercussions associated with unauthorised developments.

In summary, Section 5 of the Planning and Development Act is a critical provision for anyone involved in property development in Ireland. It offers a clear pathway to ascertain whether a proposed development is exempt from planning permission, providing legal

Houses (Extensions, Renovations, Sheds)

When it comes to enhancing, extending, or even constructing new houses in Ireland, homeowners are often met with the question of whether their project requires planning permission. The good news is that certain types of developments related to houses, including renovations, extensions, and the construction of ancillary buildings like sheds or garages, may be exempt from planning permission under specific conditions. This guide delves into the intricacies of these exemptions, providing homeowners with a clear understanding of what projects may proceed without the need to apply for planning permission.

Understanding the Basics of Exemptions

The Planning and Development Regulations outline a series of development types that do not require planning permission, provided they adhere to certain criteria. These exemptions are designed to facilitate minor developments that are unlikely to impact significantly on neighbours or the environment.

Exemptions for New Builds

Generally, the construction of a new house requires planning permission. However, there are specific circumstances under rural planning guidelines where new builds may be considered exempt. These are highly exceptional and typically relate to agricultural needs or the replacement of an existing structure under specific conditions.

Exemptions for House Renovations

Renovations that do not alter the external appearance of the house significantly are usually exempt from planning permission. This includes internal modifications and certain repair works. However, if renovations affect the structure or external facade, planning permission may be required.

Exemptions for House Extensions

House extensions are among the most common projects to benefit from planning permission exemptions, albeit under strict conditions:

Size Limits: The extension must not increase the original floor area of the house by more than 40 square metres. For terraced or semi-detached houses, this limit is further constrained.
Height Restrictions: Any extension should not exceed the height of the existing house and should not be constructed forward of the building line of the house.
Consideration of Previous Extensions: The cumulative floor area of any previous extensions (post-1964 or the date of the house’s construction, whichever is later) is considered within the 40 square metre limit.

Velux Windows

Rear Roof Installation: If the Velux windows are to be installed on the rear roof of the house, they are more likely to be considered exempt from planning permission. This is because installations on the rear roof are less likely to impact the visual appearance of the building from public viewpoints.
Non-Protrusion: The windows should not protrude above the existing roof plane. In other words, they should be flush with the roofline or set in such a way that they do not extend beyond the current roof surface.
Light and Privacy: Consideration should be given to how the installation of Velux windows might affect light and privacy for neighbouring properties. While this is less of an issue with roof windows compared to other types of extensions or alterations, it’s still a consideration in densely populated areas.

Exemptions for Sheds, Garages, and Ancillary Buildings

The construction of sheds, garages, greenhouses, and other ancillary buildings within the curtilage of a house may also be exempt from planning permission, subject to conditions:

Floor Area: The total floor area of such structures must not exceed 25 square metres.
Height: The structure must not be higher than the house or 4 metres (in the case of a pitched roof) or 3 metres (for any other roof type).
Location: These structures should not reduce the amount of private open space (the garden or yard) at the back of the house to less than 25 square metres.
Usage: The structure must not be used for human habitation or for keeping pigs, poultry, pigeons, ponies, or horses, and must not be a place of business.

General Considerations and Restrictions

Protected Structures: Any work on a protected structure, including renovations or extensions, will likely require planning permission.
Visibility: Structures should not obstruct the visibility of road users or interfere with road safety.
Boundary Conditions: Developments should respect boundary conditions and not impinge upon the rights or amenities of neighbours.

Navigating the Exemption Process

While many house-related developments may qualify for exemptions, homeowners must ensure their projects comply fully with the specified conditions. Here are steps to navigate the process:

Detailed Review: Carefully review the specific conditions associated with each exemption category.
Consultation: Consider consulting with a professional architect or the local planning authority for advice, especially for complex projects.
Section 5 Declaration: For added certainty, homeowners can apply for a Section 5 declaration from their local planning authority, confirming whether their development is exempt.

Exemptions for Agricultural Buildings

In Ireland, the planning permission process is designed to ensure that all developments meet specific standards and regulations, safeguarding the environment and community interests. However, recognising the unique nature of agricultural operations and their critical role in the economy, certain exemptions have been established for agricultural buildings. These exemptions allow for the construction, extension, or modification of agricultural structures without the need for planning permission, provided specific conditions are met. This guide provides a detailed overview of these exemptions, helping farmers and agricultural business owners navigate the regulations with ease.

Understanding Agricultural Building Exemptions

Agricultural building exemptions are outlined under the Planning and Development Regulations. These exemptions are designed to facilitate the efficient operation of agricultural activities by reducing the administrative burden associated with obtaining planning permission for certain types of development.

Key Categories of Exempted Agricultural Buildings

Roofed Structures for Livestock: Structures intended for housing cattle, sheep, goats, donkeys, horses, deer, or rabbits can be exempt, provided the floor area does not exceed 200 square metres. The cumulative floor area of all such structures within the farmyard, or within 100 metres of it, should not exceed 300 square metres.
Roofed Structures for Poultry, Pigs, and Mink: Buildings for housing pigs, poultry, or mink are exempt if their floor area does not exceed 75 square metres.
Agricultural Storage Buildings: Structures used for the storage of agricultural produce, fodder, or machinery may also be exempt, subject to size limitations and the condition that they are not used for the storage of slurry or other effluents.
Glasshouses: Glasshouses used for agricultural production, including the cultivation of fruits, vegetables, flowers, or plants, are exempt, provided they are situated on agricultural land.

Conditions and Limitations

While these exemptions provide significant flexibility, they are subject to a range of conditions and limitations designed to mitigate potential impacts on the environment, road safety, and neighbouring properties:

Location: Exempted buildings must be located on agricultural land and should not be used for residential purposes or for the keeping of pigs, poultry, mink, or other animals in the vicinity of residential areas due to potential odour issues.
Height and Setback: There are specific height restrictions and setback requirements from public roads and neighbouring boundaries to ensure that the development does not obstruct views or compromise road safety.
Environmental Considerations: Developments must comply with environmental regulations, particularly concerning the storage and management of agricultural waste and effluents.
Notification: In some cases, prior notification to the local planning authority may be required, particularly for larger developments or those that could have significant environmental impacts.

Navigating the Exemption Process

To take advantage of these exemptions, it is crucial for agricultural business owners to:

Review Specific Requirements: Carefully review the detailed conditions associated with each category of exempted development to ensure compliance.
Consult Local Authorities: When in doubt, seek advice or clarification from the local planning authority, especially for developments that may be close to the exemption thresholds or could have environmental implications.
Consider a Section 5 Declaration: For added legal certainty, consider applying for a Section 5 declaration from the local planning authority, confirming that the proposed development is indeed exempt.

The exemptions for agricultural buildings are a testament to the government’s recognition of the unique needs of the agricultural sector. By understanding and adhering to the specific conditions and limitations of these exemptions, farmers and agricultural business owners can ensure that their operations remain efficient and compliant with planning regulations

Exemptions and Apartments

In the realm of urban development and housing, apartments play a crucial role in providing accommodation solutions that are both space-efficient and suitable for the diverse needs of city dwellers. However, when it comes to planning permissions and exemptions, apartment developments often face a unique set of challenges and regulations. Unlike certain agricultural or minor residential developments that may benefit from exemptions, apartment developments typically require a more rigorous planning process. This guide aims to shed light on the intricacies of planning permissions related to apartment developments and the limited scope of exemptions available.

Understanding the Planning Framework for Apartments

The planning framework for apartments in Ireland is governed by a comprehensive set of regulations and guidelines aimed at ensuring high-quality living standards, sustainable urban development, and the efficient use of land resources. These regulations cover aspects such as building heights, densities, design standards, and amenities, ensuring that apartment developments contribute positively to the urban fabric.

The Limited Scope of Exemptions

Unlike other types of development, such as certain agricultural buildings or minor home extensions, apartment developments rarely qualify for exemptions from planning permission. This is primarily due to the scale, impact, and complexity of such projects, which necessitate thorough review and oversight by planning authorities to ensure compliance with urban planning objectives and standards.

Key Areas Where Exemptions Do Not Apply:

New Developments: The construction of new apartment buildings invariably requires planning permission, as it involves considerations of density, design, infrastructure, and impact on the surrounding area.
Extensions and Modifications: Any significant modifications or extensions to existing apartment buildings typically require planning permission. This includes additions that alter the building’s footprint, height, or capacity.
Change of Use: Converting a building to or from apartment use is a significant change that impacts the building’s function and the local area’s infrastructure. Such changes almost always require planning permission.

When Might Exemptions Apply?

While exemptions for apartment developments are limited, there are minor works that may not require planning permission, provided they do not impact the external appearance of the building or its use. These can include:

Internal Alterations: Minor internal changes that do not affect the building’s structure or external appearance may not require planning permission.
Maintenance and Repairs: Routine maintenance and repair work, as long as it does not involve significant alterations to the building’s appearance or structure, may be exempt.

Navigating the Planning Process for Apartments

Given the limited scope of exemptions, developers and property owners looking to undertake apartment projects should be prepared to engage fully with the planning permission process. Key steps include:

Pre-Application Consultations: Engaging in pre-application consultations with the local planning authority can provide valuable guidance and help streamline the planning application process.
Comprehensive Application Preparation: Applications for apartment developments should be comprehensive, including detailed plans, environmental impact assessments (where applicable), and documentation demonstrating compliance with planning guidelines.
Community Engagement: Engaging with the community and stakeholders early in the planning process can help address concerns and integrate valuable feedback into the project.

While the path to developing apartment projects in Ireland involves navigating a complex planning landscape with limited exemptions, understanding the regulatory framework and engaging proactively with planning authorities can lead to successful outcomes. By adhering to high standards of design and sustainability, apartment developments can significantly contribute to meeting Ireland’s housing needs and enhancing urban environments.