Dáil Éireann Debate, Tuesday - 5 April 2022
324. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if he will report on the Housing for All planning exemptions for above-shop conversions and guidance relating to protected structures. [17555/22]
View answerUnder the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Exemptions from the requirement to obtain planning permission in respect of specific forms of development are provided for, when they are considered to be consistent with proper planning and sustainable development. These exemptions provided for in the Planning and Development Regulations are kept under regular review.
The Planning and Development Act (Exempted Development) Regulations 2022 - which extend the operation of the previous 2018 Regulations in this regard until end 2025 - provide for an exemption from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises to residential use, including the conversion of vacant areas above ground floor commercial premises to residential use. This measure is aimed at facilitating the productive re-use of qualifying vacant commercial buildings as homes, while also facilitating urban renewal and the bringing on stream of increased housing supply.
The conditions and limitations that applied to the 2018 exempted development provisions continue to apply under the new regulations which includes provision that works to protected structures shall not be allowed under the exemptions save where the relevant planning authority has issued a declaration under section 57 of the Act to the effect that the proposed works would not materially affect the character of the structure or any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.
Furthermore works shall not be permitted in a number of limited areas, such as areas of special planning control and areas to which special amenity area orders relate. Under section 82 of the Act, works to the exterior of a structure located in an architectural conservation area shall be exempted development only if those works would not materially affect the character of the area. Where a person wishes to seek advice in relation to whether proposed works might materially affect the character of an architectural conservation area, they should contact the local Heritage Officer or the local planning office.
My Department recently issued Circular Letter PL 02/2022 to planning authorities advising them of the newly extended exempted development regulations. The Circular references the conditions and limitations that continue to apply under these regulations and makes explicit reference to those conditions mentioned above.
If a person wishes to establish whether or not planning permission is required for a particular development proposal, they can seek a declaration from their local planning authority under Section 5 of the Act.
