All development requires planning permission unless it is designated 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 a development does not comply with the terms of conditions and limitations, it cannot be considered an exempted development. There are also further restrictions on development listed under Article 9 of the Regulations.
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 the following:
- An application form
- Fee of €80
- 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 four 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.
Further details can be found in the Planning Regulations 2001: