Exempted Development Legislation Overview
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Questions and Answers

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?

  • It requires extensive planning permission. (correct)
  • It runs smoothly without causing disruptions.
  • It involves minor or miscellaneous changes.
  • It does not significantly alter the land or structure.

The legal framework for exempted development is solely based on the D P& D ACH 2000.

False (B)

Which of the following is NOT specifically addressed by the D P& D Regulations 2001-2023?

<p>Construction of large-scale shopping malls (B)</p> Signup and view all the answers

What is the primary goal of the concept of 'exempted development' within the context of the ACT?

<p>Mitigating the strictness of the 'development' definition (C)</p> Signup and view all the answers

The definition of 'exempted development' under the P& D Regulations is flexible and can be interpreted broadly.

<p>False (B)</p> Signup and view all the answers

Who has the authority to declare the existence of 'exempted development'?

<p>Any person can request the relevant planning authority (such as the local authority) to declare that their development is 'exempted development.'</p> Signup and view all the answers

The Planning Authority (PA) is required to follow precedents when evaluating exempted development applications.

<p>False (B)</p> Signup and view all the answers

What is the primary category of development not included in the definition of 'agriculture' for exempted development under S4 of the DD ACt 2000?

<p>Turbary &amp; forestry (D)</p> Signup and view all the answers

What is considered essential to ensure that exempted development does not negatively impact the visual character of a structure?

<p>It is crucial to ensure that the changes made through exempted development do not significantly alter the external appearance of the structure.</p> Signup and view all the answers

Which of the following scenarios is NOT considered an example of exempted development?

<p>Building a large extension to a commercial building (B)</p> Signup and view all the answers

What is the principle underlying the concept of 'ancillary use' in relation to exempted development for agricultural purposes?

<p>Activities that directly support farming activities can be exempt. (B)</p> Signup and view all the answers

What is the concept of 'curtilage' in the context of exempted development?

<p>Curtilage refers to the area immediately surrounding or adjacent to a dwelling that is used in conjunction with the home.</p> Signup and view all the answers

Parking a commercial vehicle within the curtilage of a dwelling house is always considered an exempted development.

<p>False (B)</p> Signup and view all the answers

What is the general principle governing exempted development related to 'casual trading areas'?

<p>Casual trading areas, like markets held on a limited schedule (such as weekends), are typically considered exempted development.</p> Signup and view all the answers

Works carried out on land previously open to the public are always exempt from planning permission under the Land Reclamation Act, 1949.

<p>False (B)</p> Signup and view all the answers

Which of the following activities is NOT considered an exempted development under S4 of the P& D (Amend.) Act 2010?

<p>Replacing broadleaf high forest with conifer species (D)</p> Signup and view all the answers

The character of a protected structure can influence the exemption status of a proposed development.

<p>True (A)</p> Signup and view all the answers

Which of the following situations would likely NOT be considered an exempted development?

<p>A developer building a new access road to a public road (D)</p> Signup and view all the answers

What is the main purpose of the environmental impact assessment (EIA) in the context of exempted development?

<p>The EIA ensures that development does not significantly impact the environment or potentially protected habitats.</p> Signup and view all the answers

Flashcards

Exempted Development

Development that does not require planning permission, despite technically qualifying as development.

Legal Framework for Exempted Development

The Planning and Development Act 2000 (as amended) defines exempted development.

Strict Construction of Exempted Development

Exempted development must be interpreted strictly and must fall under specific categories defined by regulations.

Process for Declaring Exempted Development

The Planning Authority or the An Bord Pleanala (APB) can declare whether a development is exempted.

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Agriculture as Exempted Development

The use of land for agricultural purposes, including building use associated with agriculture, is exempt from planning permission.

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Definition of Agriculture for Exempted Development

The definition of agriculture for exempted development includes activities like horticulture, fruit growing, and livestock breeding, but not forestry or turbary.

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Ancillary Uses in Agriculture

The storage of farm equipment and the sale of farm produce are considered ancillary uses of land for agricultural purposes and are exempt.

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Minor Alterations to Structures as Exempted Development

Minor alterations to a structure that don't change its character or external appearance, such as repairs and painting, are generally considered exempt development.

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Dublin Corp. v Bentham Case (1993)

Case concerning the replacement of windows, highlighting that the alteration must not materially affect the external appearance.

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Bernadine Mccabe v trish ray Case (Loob)

Case involving a bridge alteration, emphasizing that the works should not radically change the original structure.

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Hornev v Freeney Case (1982)

Case involving the change of a roof from concrete to steel, highlighting that altering the design submitted for planning permission isn't exempt.

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Dublin Corp. v Langan Case (98T)

Case involving basement filling and pillar construction, establishing that significant internal alterations might not be exempt.

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Cronin (Readymix) Ltd v ABP Case (2017)

Case dealing with an extension at a quarry site, stating that an extension usually goes beyond permissible alterations.

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Forestry Activities as Exempted Development

The thinning, felling, or replanting of trees, forests, or woodlands, excluding the replacement of broadleaf forest with conifers, is exempt development.

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Dolan v cooke Case (2000)

Case involving a roadway through woodland, illustrating that works must serve the forestry purpose, not other activities.

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Curtilage of a House as Exempted Development

The use of land within the curtilage of a house for purposes incidental to its enjoyment as a home is exempt, but this is limited to domestic uses.

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Dublin Corp. v Moore Case (1984)

Case involving parking commercial vehicles within a home's curtilage, emphasizing that the use should not be primarily commercial.

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Casual Trading Area as Exempted Development

The use of land for temporary casual trading, like a weekend market, is exempted development.

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Land Reclamation Works as Exempted Development

Works carried out under the Land Reclamation Act 1949, excluding fencing or enclosure of land previously open to the public, are exempted development.

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Development Affecting Protected Structures

Proposed protected structures, even if normally exempt, are not exempt if the development materially affects their character.

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EIA and Habitats Directive Assessment

If an Environmental Impact Assessment (EIA) or an assessment under the Habitats Directive is required, development cannot be exempted.

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Restrictions on Exempted Development

Exempted development cannot affect a building, feature, or site listed for preservation, obstruct a public right of way, involve special amenity areas, or contravene a condition of planning permission.

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Exempted Development and Public Safety

Development that endangers public safety, obstructs road user views, builds forward of the building line, or involves new/wider access to a public road is not exempted.

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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.
  • 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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Related Documents

Exempted Development PDF

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.

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