Dáil Éireann Debate, Wednesday - 14 June 2023
110. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on extending the planning exemption for conversion of certain former commercial properties to housing to be applied to offshore islands; and if he will make a statement on the matter. [28806/23]
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. The exemptions provided for in the Planning and Development Regulations are kept under regular review.
Under Housing for All, 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, in keeping with the Government’s Town Centre First policy and the Vacant Homes Action Plan.
These regulations are not location specific and apply nationally and therefore may be applied in both urban and rural areas such as cities but also large villages, county towns or the Islands.
It should be noted that planning exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and would need to be considered on a case by case basis. For example, section 4(4) of the Act provides that development shall not be exempted development if an environmental impact assessment or an appropriate assessment of the development is required in accordance with relevant EU Directive requirements.
If a person wishes to establish whether or not planning permission is required for a specific development proposal, they can seek a declaration from their local authority under Section 5 of the Act.
