Seán Canney
Ceist:277. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage if he will make changes (details supplied) to exempted development; and if he will make a statement on the matter. [5486/24]
Amharc ar fhreagraWednesday, 7 February 2024
Ceisteanna (277)
Freagraí scríofa
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.
Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations.
Class 1 of Part 1 of Schedule 2 of the the Regulations) sets out the planning exemption provisions for house extensions, referred to as "development within the curtilage of a house", as follows:
“The extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house.”.
The use of the exemption is available to all houses whether occupied, vacant or derelict. However, the exemption is subject to a range of conditions and limitations set out in further detail in Class 1, which include factors such as:
- where the house has not been previously extended, the floor area of the extension shall not exceed 40sq;
- where the house is terraced, semi-detached or detached, the floor area of any such extension above ground level shall not exceed 12sq m;
- where the house is detached, the floor area of any such extension above ground level shall not exceed 20sq m;
- minimum requirements for the retention of private open space within the curtilage of the house;
- the proximity of the proposed extension, including windows, to adjoining boundaries etc.
Any development of this nature which falls outside of the Class 1 exemption and the conditions and limitations attached to it are subject to planning permission.
With regard to the minimum open space requirements referred to, the construction or erection of any such extension to the rear of the house must not reduce the area of private open space, reserved exclusively for the use of the occupants of the house, to the rear of the house to less than 25 square metres and this is not based on a percentage calculation.
There is a balance in providing for exemptions from planning permission, between streamlining the consent process for minor works and supporting proper planning and sustainable development, including the need to ensure adequate third party participation rights. The exemptions provided for in the Regulations are kept under regular review and I have no plans to amend the Class 1 exemption provisions in this regard at this time.