Under the Planning and Development Act 2000, as amended (the Act), 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 (the Regulations), 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.
With regard to exemptions for solar panels, Class 2 of Part 1 of Schedule 2 of the Regulations provides an exemption for "the installation or erection of a solar panel on, or within the curtilage of a house or any buildings within the curtilage of a house", subject to certain siting and size conditions.
Class 56 of Part 1 of Schedule 2 of the Regulations provides an exemption for "the installation or erection on a business premises or light industrial building, or any ancillary buildings within the curtilage of such premises or building, of solar panels (thermal collector or photo-voltaic), subject to certain siting and size conditions.
Furthermore, Class 18 of Part 3 of Schedule 2 of the Regulations provides an exemption for "the installation or erection on an agricultural structure, or within the curtilage of an agricultural holding, of solar panels (thermal collector or photo-voltaic)", again subject to a number of conditions.
My Department is currently undertaking a review of the solar panel exemptions set out in Schedule 2 of the Regulations, and is actively engaging with the Department of Communications, Climate Action and Environment and other key stakeholders, with a view to finalising a proposal for draft amending Regulations - to reflect technical developments in the sector - before the end of 2019. As required under planning legislation, any such proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made.