Under 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. These exemptions provided for in the Planning and Development Regulations are kept under regular review.
Under Class 1 of Part 3 of Schedule 2 of the Regulations, an exemption provides for the temporary use of any land for the placing of any tent, campervan or caravan or for the mooring of any boat, barge or other vessel used for the purpose of camping. This exemption is subject to a time limit of a period of not greater than ten days.
Where any person wishes to place a mobile home on land for a period of greater than 10 days, planning permission is required in accordance with section 34 of the Act.
If a person wishes to establish whether or not planning permission is required for a particular development proposal, they can seek a declaration from their local planning authority under Section 5 of the Act.
Under planning legislation, enforcement of planning control is a matter for the planning authority concerned which can take action if a development does not have the required permission or where the terms of a permission have not been respected. Under section 30 of the Planning and Development Act 2000, as amended, the Minister is specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned, except in very specific circumstances, which do not apply in this case.
