Planning and Development Act 2000

Exempted development.

4

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 and development consisting of the use for that purpose of any building occupied together with land so used;

F37 [ ( aa ) development by a local authority in its functional area; ]

( b) F38 [ ]

( c) F38 [ ]

( d) F38 [ ]

F39 [ ( e ) development consisting of the carrying out by a local authority of any works required for the construction of a new road or the maintenance or improvement of a road;

( f ) development carried out on behalf of, or jointly or in partnership with, a local authority, pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity; ]

( g) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the excavation of any street or other land for that purpose;

( h) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures;

F40 [ ( i ) development consisting of the thinning, felling or replanting of trees, forests or woodlands or works ancillary to that development, but not including the replacement of broadleaf high forest by conifer species; ]

F41 [ ( ia ) development (other than development consisting of the provision of access to a national road within the meaning of the Roads Act 1993 ) that consists of

(I) the construction, maintenance or improvement of a road (other than a public road) that serves a forest or woodland, or

(II) works ancillary to such construction, maintenance or improvement; ]

( j) development consisting of the use of any structure or other land within the curtilage of a house for any purpose incidental to the enjoyment of the house as such;

( k) development consisting of the use of land for the purposes of a casual trading area (within the meaning of the Casual Trading Act, 1995);

( l) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949, not being works comprised in the fencing or enclosure of land which has been open to or used by the public within the ten years preceding the date on which the works are commenced F42 [ or works consisting of land reclamation or reclamation of estuarine marsh land and of callows, referred to in section 2 of that Act. ]

(2) ( a) The Minister may by regulations provide for any class of development to be exempted development for the purposes of this Act where he or she is of the opinion that—

(i) by reason of the size, nature or limited effect on its surroundings, of development belonging to that class, the carrying out of such development would not offend against principles of proper planning and sustainable development, or

(ii) the development is authorised, or is required to be authorised, by or under any enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) where the enactment concerned requires there to be consultation (howsoever described) with members of the public in relation to the proposed development prior to the granting of the authorisation (howsoever described).

( b) Regulations under paragraph (a) may be subject to conditions and be of general application or apply to such area or place as may be specified in the regulations.

( c) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a), provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act.

(3) A reference in this Act to exempted development shall be construed as a reference to development which is—

( a) any of the developments specified in subsection (1), or

( b) development which, having regard to any regulations under subsection (2), is exempted development for the purposes of this Act.

F40 [ (4) Notwithstanding paragraphs (a) , (i) , (ia) and (l) of subsection (1) and any regulations under subsection (2) , development shall not be exempted development if an environmental impact assessment or an appropriate assessment of the development is required.

(4A) Notwithstanding subsection (4) , the Minister may make regulations prescribing development or any class of development that is

( a ) authorised, or required to be authorised by or under any statute (other than this Act) whether by means of a licence, consent, approval or otherwise, and

( b ) as respects which an environmental impact assessment or an appropriate assessment is required,

to be exempted development. ]

(5) Before making regulations under this section, the Minister shall consult with any other State authority where he or she or that other State authority considers that any such regulation relates to the functions of that State authority.

Annotations

Amendments:

F37

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 11, S.I. No. 214 of 2014.

F38

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 11.

F39

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 12, S.I. No. 214 of 2014.

F40

Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 17(a)(i) and (b), S.I. No. 474 of 2011, subject to transitional provision in s. 17(2).

F41

Substituted (8.02.2020) by Planning and Development (Amendment) Act 2018 (16/2018), s. 8, S.I. No. 44 of 2020.

F42

Inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 17(a)(iii), S.I. No. 474 of 2011, subject to transitional provision in s. 17(2).

Modifications (not altering text):

C17

Certain developments prescribed as exempted developments (1.05.2007) by Prisons Act 2007 (10/2007), s. 28, S.I. No. 180 of 2007.

Exemptions, etc., relating to development.

28.— (1) A development—

(a) is an exempted development for the purposes of the Planning and Development Acts 2000 to 2006,

(b) is not subject to—

(i) regulations under section 181 of the Planning and Development Act 2000 ,

(ii) the European Communities (Environmental Impact Assessment) Regulations 1989 to 2005,

(iii) the said Acts of 2000 to 2006 in so far as they relate to environmental impact assessments or any regulations under those Acts relating to such assessments, or

(iv) the Building Control Act 1990 and regulations thereunder,

and

(c) subject to subsections (2) and (3), shall not require a consent or licence under the National Monuments Acts 1930 to 2004 (other than a licence under section 25 of the National Monuments Act 1930 ) or any other consent or licence.

C18

Additional developments prescribed as exempted developments by Dublin Transport Authority Act 2008 (15/2008), s. 44(14), as inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 1(b)(iv), commenced on enactment.

Functions of Authority in relation to public transport infrastructure.

44.—(1) In relation to public transport infrastructure in the GDA, the Authority shall have the following functions: ...

[(14) The carrying out by the Authority, on its behalf or at its direction of —

(a) a proposed road development (within the meaning of the Roads Act 1993) that has been approved by An Bord Pleanála under section 51 (as amended by section 9 of the Roads Act 2007) of that Act, or

(b) a proposed development that has been approved by An Bord Pleanála—

(i) under subsection (9) (inserted by section 34(c) of the Planning and Development (Strategic Infrastructure) Act 2006) of section 175 of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section, or

(ii) under subsection (8) of section 177AE (inserted by section 57 of the Planning and Development (Amendment) Act 2010) of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section,

shall be exempted developments for the purposes of the Act of 2000. ]

C19

Additional developments specified as exempted developments (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 38, commenced on enactment, as substituted (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 115(6), S.I. No. 291 of 2008.

Exempted development.

[38.— (1) Each of the following shall be exempted development for the purposes of the Act of 2000:

(a) development consisting of the carrying out of railway works, including the use of the railway works or any part thereof for the purposes of the operation of a railway, authorised by the Board and specified in a railway order or of any incidental or temporary works connected with such development;

(b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order. ]

Editorial Notes:

E16

Power pursuant to subs. (2) exercised (30.04.2021) by Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2021 (S.I. No. 208 of 2021).

E17

Power pursuant to subs. (2) exercised (16.03.2021) by Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2021 (S.I. No. 115 of 2021).

E18

Power pursuant to subs. (2) exercised (16.03.2021) by Planning and Development Act 2000 (Exempted Development) Regulations 2021 (S.I. No. 114 of 2021).

E19

Power pursuant to subs. (2) exercised (7.08.2020 for relevant period) by Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2020 (S.I. No. 293 of 2020).

E20

Power pursuant to subs. (2) exercised (27.03.2020 for relevant period) by Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2020 (S.I. No. 92 of 2020).

E21

Power pursuant to subs. (2) exercised (13.02.2020) by Planning and Development (Amendment) Regulations 2020 (S.I. No. 46 of 2020).

E22

Power pursuant to subs. (4A) exercised (8.02.2020) by Planning and Development Act 2000 (Exempted Development) Regulations 2020 (S.I. No. 45 of 2020), in effect as per reg. 1(3).

E23

Power pursuant to subs. (2) exercised (1.07.2019) by Planning And Development Act 2000 (Exempted Development) (No. 2) Regulations 2019 (S.I. No. 235 of 2019), in effect as per reg. 1(3).

E24

Power pursuant to subs. (4A) exercised (25.01.2019) by Planning And Development Act 2000 (Exempted Development) Regulations 2019 (S.I. No. 12 of 2019), in effect as per reg. 1(2).

E25

Power pursuant to subs. (2) exercised (8.02.2018) by Planning and Development (Amendment) (No. 3) Regulations 2018 (S.I. No. 31 of 2018).

E26

Power pursuant to subs. (2) exercised (8.02.2018) by Planning and Development (Amendment) (No. 2) Regulations 2018 (S.I. No. 30 of 2018).

E27

Power pursuant to subs. (2) exercised (8.02.2018) by Planning and Development (Amendment) Regulations 2018 (S.I. No. 29 of 2018).

E28

Power pursuant to subs. (2) exercised (17.12.2015) by Planning and Development (Amendment) (No. 4) Regulations 2015 (S.I. No. 582 of 2015).

E29

Power pursuant to section exercised (24.06.2013) by Planning and Development (Amendment) Regulations 2013 (S.I. No. 219 of 2013).

E30

Power pursuant to section exercised (8.09.2011) by Planning and Development (Amendment) (No. 2) Regulations 2011 (S.I. No. 454 of 2011).

E31

Power pursuant to section exercised (10.07.2008) by Planning and Development (Amendment) Regulations 2008 (S.I. No. 256 of 2008).

E32

Power pursuant to section exercised (2.07.2008) by Planning and Development Regulations 2008 (S.I. No. 235 of 2008).

E33

Power pursuant to subs. (2) exercised (28.02.2007) by Planning and Development Regulations 2007 (S.I. No. 83 of 2007).

E34

Power pursuant to section exercised (14.07.2005) by Planning and Development Regulations 2005 (S.I. No. 364 of 2005).

E35

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E36

Previous affecting provision: subs. (1)(ia) inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 17(a)(ii), S.I. No. 474 of 2011, subject to transitional provision in s. 17(2); substituted as per F-note above.

E37

Previous affecting provision: similar amendments to those made by 2011 Act made by Planning and Development (Amendment) Act 2010 (30/2010), s. 5, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.