Exempted Developments (Section 5)
Exempted Development (Section 5)
All development of land or property requires planning permission, unless it is classed as exempt.
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in the Planning and Development Regulations 2001 as amended (Link to categories of exempted development in the regulations to be inserted here). They usually refer to developments of a minor nature, such as small extensions to houses, garden walls and so on. However, if your property is in an Architectural Conservation Area, Special Amenity Area Order, or is a protected structure/listed building these exemptions do not apply.
Section 5 declaration
In accordance with Section 5 of the Planning and Development Act 2000 as amended any person may request a declaration as to whether development is exempt. An application should be made in writing to the planning authority, to determine whether a proposal requires permission or is considered exempted development. The application should be accompanied by all relevant site maps and include a fee of €80. The planner will then assess the application and make a decision within four weeks. The applicant can appeal the decision to An Bord Pleanala, accompanied by a fee (€210).
Section 5 Exempted Development Application Form