All development, unless specifically exempted under the Planning and Development Act 2000, as amended (the Act) or the associated Planning and Development Regulations 2001, as amended (the Regulations), requires planning permission. Planning exemptions are provided for when they are considered to be balanced, reasonable and proportionate and in accordance with proper planning and sustainable development.
Class 1 of Part 1 of schedule 2 of the Regulations, provides for the following exemption subject to certain conditions is:
“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 allows for the conversion of garages and other buildings that are attached to the principal residence to be converted for use as part of the house. In addition, this allows for the extension of existing houses by up to 40sqm where the house has not been previously extended.
In addition, Class 3 of Part 1 of Schedule 2 of the Regulations provides for an exemption in respect of the construction, erection or placing within the curtilage of a house of any tent, awning, shade or other object, greenhouse, garage, store, shed or other similar structure. This exemption is subject to conditions and limitations as set out in the Regulations, including that the structure shall not be used for human habitation or for any other purpose other than a purpose incidental to the enjoyment of the house as such. The use of such structures for the purpose of human habitation would be subject to planning permission under Section 34 of the Act.
It is not currently proposed to amend the existing planning exemptions further as there may be consequences for the character and residential amenity of residential areas, separate access points, additional parking, the sub-division of gardens, inadvertent overlooking as well as greater demands on water and sewerage services which would all be relevant in individual cases, with no opportunity for public participation.
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 as necessary.
