Written Answers. - Planning Regulations.

Breeda Moynihan-Cronin


355 Mrs. B. Moynihan-Cronin asked the Minister for the Environment and Local Government if planning permission is required for a generator (details supplied); and the mobile structures which are exempt from planning. [27452/01]

All development, unless specifically exempted under planning legislation, requires planning permission. If any question arises in a particular case as to what does or does not constitute development or exempted development, the question may be referred to An Bord Pleanála for a decision. A number of classes of exempted development are set out in the second schedule to the Local Government (Planning and Development) Regulations, 1994, which provide for certain types of mobile structures to be exempt from the requirement to obtain planning permission.

While there is no specific exemption for a generator as described, it may fall under Classes 15 and 15A of the second schedule. These classes provide that where an authorised development is being carried out, any structures, works, plant or machinery needed temporarily in connection with that development can be erected, constructed or placed, without planning permission, on, in or under the land or on the adjoining land. The structures, works, plant and machinery can stay in place for the period in which the development is being carried out and must be removed at the end of the period and the land reinstated, unless it states otherwise in the permission. Where the development consists of mining, the structures, works, plant or machinery must be removed prior to the commencement of the mining.
In addition to the above, other classes of exempted development which provide for certain types of mobile structures to be exempt from planning permission are as follows:

Class 16

the placing or maintenance on a public road of any movable appliance licensed under section 89 of the 1963 Planning Act

Class 18

the keeping or storing of a caravan or boat within the curtilage of a house, subject to certain conditions and limitations

Class 29

the provision by a person licensed under the Postal and Telecommunications Services, Act, 1983 of transportable radio links, subject to certain conditions and limitations

Class 33

the placing of or maintenance of tents, vans or other temporary or movable structures or objects on land used for any fair, funfair, bazaar or circus or any local event of a religious, cultural, educational, political, social, recreational or sporting character

Class 35

the provision, construction or erection by or on behalf of a State authority of temporary structures or other temporary facilities required in connection with a visit of a foreign dignitary or delegation. The structures must be removed on conclusion of the visit

The exempted development regulations have been reviewed by my Department as part of an overall review of the planning regulations. New draft regulations have been prepared and sent on an informal basis to the Oireachtas Joint Committee on the Environment and Local Government. Oireachtas approval of the regulations is required and I hope to be in a position to make the regulations shortly with a view to bringing them into force early in the new year.