Exempted Development
All development requires planning permission unless it is an exempted
development. All exempted
developments are listed in the Planning and Development Regulations 2001.Most of the exemptions contain certain conditions and limitations. If the terms of conditions and limitations cannot be complied with, the
development cannot be considered an exempted development. There are also further restrictions on development listed under Article 9
of the Regulations
Planning and Development Regulations 2001
Section 5 Referral
If a question arises as to whether or not a development is or
is not exempted development, a person may apply to the planning authority for a
declaration on the question. This is
known as a section 5 referral or an Exemption declaration.
In order to apply for a section 5 referral it is necessary for the applicant to
submit, application form, fee of €80.00, location map, drawings of the proposed
development in question, full details and description of the proposed
development.
The planning authority shall issue the declaration, within 4 weeks of the
receipt of the request.
The planning authority may require further information to be submitted to enable
the authority to issue the declaration. In this regard, a declaration shall issue within three weeks of the
receipt of this further information.
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