Dáil Éireann Debate, Tuesday - 6 February 2018
639. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government his views on the interpretation of the Planning and Development Regulations 2001 that all houses with four or fewer bedrooms are exempt from needing planning permission to let bedrooms on a short-term basis; and if he will make a statement on the matter. [5984/18]
Amharc ar fhreagra640. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government his views on the interpretation of the Planning and Development Regulations 2001 that all apartments seeking to let bedrooms on a short-term basis need planning permission from the local council; and if he will make a statement on the matter. [5987/18]
Amharc ar fhreagra645. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government if all county councils are holding to the view that a house with four or fewer bedrooms is exempt from the need for planning permission but all apartments are not; and if he will make a statement on the matter. [5993/18]
Amharc ar fhreagraI propose to take Questions Nos. 639, 640 and 645 together.
Under the Planning and Development Act 2000 (as amended), all development, including a material change of use, unless specifically exempted under the Act or the associated Regulations, requires planning permission.
Section 4 of the Act, and Article 6 and Schedule 2 of the Planning and Development Regulations 2001-2017, set out in more detail the various exemptions from the requirement to obtain planning permission. Furthermore, Article 10 of the Regulations provides that certain changes of use, with regard to particular classes of use, are also exempted from the requirement to obtain permission. In this regard, Article 10(4) provides that:
"Development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted development for the purposes of the Act, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.".
With regard to the term "house" in Article 10(4), Article 5 of the Regulations provides that “house” does not 'include a building designed for use or used as 2 or more dwellings or a flat, an apartment or other dwelling within such a building'.
In effect, there is no specific exemption in place in relation to apartments where their use is changed from residential to commercial use for short-term tourism letting purposes. A Working Group, comprising representatives from relevant Departments, local authorities, public bodies and other interests in the area, was established in mid-2017 to consider the appropriate regulatory approach to be adopted by the relevant statutory authorities in relation to short-term tourism lettings generally. The draft report of the Working Group is currently being finalised and I will consider its recommendations before initiating a targeted public consultation on the proposals.
Any question as to whether development is or is not exempt from the requirement to obtain planning permission is a matter for the relevant local authority, or An Bord Pleanála on referral, to determine.
