Dáil Éireann Debate, Tuesday - 13 November 2018
633. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government if the 40 sq. m limit for exempt development (details supplied) will be examined with a view to increasing same in order to encourage independent living for elderly persons to live in close proximity to their families; and if he will make a statement on the matter. [46935/18]
View answerUnder the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.
Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended, set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations.
Class 1 of Schedule 2 of the Regulations provides an exemption from planning permission for the extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house. This exemption applies where the house has not been extended previously, and where the floor area of any such extension does not exceed 40 square metres. The exemption is subject to compliance with a number of other conditions and limitations and also any general restrictions on exemptions.
There is a balance, in providing for exemptions from planning permission, between streamlining the consent process for minor works and supporting proper planning and sustainable development, including the need to ensure adequate third party participation rights. While all aspects of the existing regime for exempted development are kept under on-going monitoring and review, I have no plans to amend this particular exemption at this time.
