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What is the main purpose of exempted development?
What is the main purpose of exempted development?
Exempted development aims to streamline planning processes by exempting certain types of development from requiring formal planning permission.
Which of the following is NOT a characteristic of exempted development?
Which of the following is NOT a characteristic of exempted development?
The legal framework for exempted development is solely based on the D P& D ACH 2000.
The legal framework for exempted development is solely based on the D P& D ACH 2000.
False
Which of the following is NOT specifically addressed by the D P& D Regulations 2001-2023?
Which of the following is NOT specifically addressed by the D P& D Regulations 2001-2023?
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What is the primary goal of the concept of 'exempted development' within the context of the ACT?
What is the primary goal of the concept of 'exempted development' within the context of the ACT?
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The definition of 'exempted development' under the P& D Regulations is flexible and can be interpreted broadly.
The definition of 'exempted development' under the P& D Regulations is flexible and can be interpreted broadly.
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Who has the authority to declare the existence of 'exempted development'?
Who has the authority to declare the existence of 'exempted development'?
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The Planning Authority (PA) is required to follow precedents when evaluating exempted development applications.
The Planning Authority (PA) is required to follow precedents when evaluating exempted development applications.
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What is the primary category of development not included in the definition of 'agriculture' for exempted development under S4 of the DD ACt 2000?
What is the primary category of development not included in the definition of 'agriculture' for exempted development under S4 of the DD ACt 2000?
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What is considered essential to ensure that exempted development does not negatively impact the visual character of a structure?
What is considered essential to ensure that exempted development does not negatively impact the visual character of a structure?
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Which of the following scenarios is NOT considered an example of exempted development?
Which of the following scenarios is NOT considered an example of exempted development?
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What is the principle underlying the concept of 'ancillary use' in relation to exempted development for agricultural purposes?
What is the principle underlying the concept of 'ancillary use' in relation to exempted development for agricultural purposes?
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What is the concept of 'curtilage' in the context of exempted development?
What is the concept of 'curtilage' in the context of exempted development?
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Parking a commercial vehicle within the curtilage of a dwelling house is always considered an exempted development.
Parking a commercial vehicle within the curtilage of a dwelling house is always considered an exempted development.
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What is the general principle governing exempted development related to 'casual trading areas'?
What is the general principle governing exempted development related to 'casual trading areas'?
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Works carried out on land previously open to the public are always exempt from planning permission under the Land Reclamation Act, 1949.
Works carried out on land previously open to the public are always exempt from planning permission under the Land Reclamation Act, 1949.
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Which of the following activities is NOT considered an exempted development under S4 of the P& D (Amend.) Act 2010?
Which of the following activities is NOT considered an exempted development under S4 of the P& D (Amend.) Act 2010?
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The character of a protected structure can influence the exemption status of a proposed development.
The character of a protected structure can influence the exemption status of a proposed development.
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Which of the following situations would likely NOT be considered an exempted development?
Which of the following situations would likely NOT be considered an exempted development?
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What is the main purpose of the environmental impact assessment (EIA) in the context of exempted development?
What is the main purpose of the environmental impact assessment (EIA) in the context of exempted development?
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Study Notes
Exempted Development
- Exempted development does not require planning permission, even if it's considered development.
- This is to avoid clogging planning systems with minor or miscellaneous applications.
- Applications can be time-consuming if they don't significantly alter the land or structure.
- This helps maintain efficient daily activities without disruption.
Categories of Exempted Development
- Category 1: Development with minimal impact on the planning system.
- Category 2: Development by a person/body that's likely to benefit the community.
Legal Framework
- D P& D ACH 2000: Legislation outlining exempted developments.
- Amendments in 2010: Altered aspects concerning forestry, roads, and protected structures.
- P& D (Amendment) Act 2010: Amended the exemptions.
- Regulations (2001-2023): Details of exempted development.
- P& B Act 2000: Enables regulations on particular developments made by state authorities.
- Interpretation: Strict interpretation of "development" is lessened with the concept of exempted development in the Act.
- Exemption from Permission: S3(2) exempts certain development, especially those falling under S4 & S5 of the Act.
Exempted Development Definition
- Exempted development must be strictly construed and comply with regulations.
- It must meet specific definitions provided in the regulations.
- S5 of the DACH 2000 Act defines exempted development.
- Individuals can challenge the status of exempted development before the appropriate planning authority.
Specific Development Exemptions (Examples)
- Exempted development is defined as the use of land for agriculture and related activities.
- Agricultural structures and activities are typically exempted.
- Ancillary activities are subject to a fact-based assessment ("degree of change").
- Farmer-related activities, such as selling farm produce, are typically exempted.
- Works done to an existing structure may not materially affect the character of that structure.
Other Considerations
- Clarification that 'agricultural works' are not always exempted.
- Case law (Hidderley v Warwickshire Co.co., 1963) emphasizes that changes to a structure shouldn't materially alter its appearance.
- Case law (Cairnduff v O'Connell, 1980) highlights scenarios where external additions do not fundamentally change the building's character.
- The case (Dublin Corp v Bentham, 1993) focused on issues relating to window replacements.
- Development that involves preserving structures listed for preservation in a plan should not be exempted.
- Development that impedes public rights or special amenity areas is not considered exempted.
- Exempted development must not violate conditions listed in the planning permission.
- Development must not compromise public safety.
- Clarifications on specific uses, like those related to turbary or forestry.
- Clarification on the development of a building or structure, including cases relating to complete rebuilding of a structure.
- Development that would be inconsistent with the character of neighboring structures cannot be considered exempted.
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Description
This quiz covers exempted development and its legal framework, including the relevant legislation such as the D P& D ACH 2000 and its amendments. Participants will learn about the categories of exempted development and the impact on planning systems. Test your knowledge on how these regulations help maintain efficient land use.
