Dáil Éireann Debate, Tuesday - 4 July 2023
379. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage to clarify if the planning exemptions announced by him in February 2022, where he stated that no planning permission is needed for the conversion of vacant pubs into homes (up to nine units) includes an exemption for the related construction of an updated waste water treatment system for those new homes. [32734/23]
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 (the 2022 Regulations) - 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 public houses 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.
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. The provision of onsite wastewater treatment and disposal systems are not exempt under the Planning Act or the Regulations. The provision of such systems must comply with the Environmental Protection Agency code of practice and standards in this regard. Therefore, it is appropriate that these works should be considered by the relevant local authority as part of a planning application process.
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.
