Podcast
Questions and Answers
What must a developer prove regarding exempted development status?
What must a developer prove regarding exempted development status?
- The development qualifies for an exemption. (correct)
- The development has been completed without issues.
- The development was authorized under previous regulations.
- The development meets all local zoning laws.
Which statement best describes the application of exemption to agricultural use?
Which statement best describes the application of exemption to agricultural use?
- Exemption applies only to significant works.
- Exemption applies to both agricultural use and change of use to agricultural. (correct)
- Exemption applies solely to land reclamation.
- Exemption is limited to modifications in urban areas.
Which of the following accurately describes the role of the Planning Authority (PA) under Section 5?
Which of the following accurately describes the role of the Planning Authority (PA) under Section 5?
- The PA grants permissions for all developments.
- The PA determines whether permission for development is needed. (correct)
- The PA must provide legal representation in court.
- The PA has full enforcement power under Section 5.
What does the case Cunningham v An Bord Pleanala establish regarding land use?
What does the case Cunningham v An Bord Pleanala establish regarding land use?
In which scenario can a person refer a determination made by the PA to the An Bord Pleanála (ABP)?
In which scenario can a person refer a determination made by the PA to the An Bord Pleanála (ABP)?
What does a Section 5 declaration provide?
What does a Section 5 declaration provide?
What is one condition for local authority development to be considered exempted?
What is one condition for local authority development to be considered exempted?
What is a key requirement for local authorities when an Environmental Impact Assessment (EIA) is required?
What is a key requirement for local authorities when an Environmental Impact Assessment (EIA) is required?
What factor can de-exempt exempted development?
What factor can de-exempt exempted development?
What is meant by 'materially contravenes' in context of development plans?
What is meant by 'materially contravenes' in context of development plans?
Which of the following is true regarding the jurisdiction of the High Court and Supreme Court under Section 5?
Which of the following is true regarding the jurisdiction of the High Court and Supreme Court under Section 5?
What is required for someone to request a declaration on the exempt status of development?
What is required for someone to request a declaration on the exempt status of development?
What legal obligation do local planning authorities (LPAs) have concerning the development plan?
What legal obligation do local planning authorities (LPAs) have concerning the development plan?
Which case underscores the significance of development plans in planning law?
Which case underscores the significance of development plans in planning law?
How does Section 5 affect enforcement actions regarding unauthorized development?
How does Section 5 affect enforcement actions regarding unauthorized development?
What type of development is specifically defined as exempted under the Planning and Development Act?
What type of development is specifically defined as exempted under the Planning and Development Act?
What is one of the methods prescribed for public consultation regarding local authority developments?
What is one of the methods prescribed for public consultation regarding local authority developments?
What is a common misconception about the role of the PA and ABP under Section 5?
What is a common misconception about the role of the PA and ABP under Section 5?
Who is entitled to seek an injunction regarding the works within the scope of planning permission?
Who is entitled to seek an injunction regarding the works within the scope of planning permission?
What is a restriction imposed by the change in procedure for section 10 declarations?
What is a restriction imposed by the change in procedure for section 10 declarations?
Which of the following is NOT an example of exempt development under section 152 of the PDA 2024?
Which of the following is NOT an example of exempt development under section 152 of the PDA 2024?
What is not a reason for local authority development to be considered exempt under section 152?
What is not a reason for local authority development to be considered exempt under section 152?
What is a fundamental change concerning the planning code introduced by the recent legislation?
What is a fundamental change concerning the planning code introduced by the recent legislation?
Which of the following is a duty of the planning authority under Section 56 of the PDA 2024?
Which of the following is a duty of the planning authority under Section 56 of the PDA 2024?
What should happen to local authority development that materially contravenes the Development Plan?
What should happen to local authority development that materially contravenes the Development Plan?
Why has the government viewed the removal of public access to seek declarations negatively?
Why has the government viewed the removal of public access to seek declarations negatively?
Flashcards
Agricultural Use Exemption
Agricultural Use Exemption
An exemption applies to the use of land for agricultural purposes or a change of use to agriculture. This exemption doesn't extend to major construction projects (works).
Exempted Development in Rural Areas
Exempted Development in Rural Areas
Certain development in 'rural areas' is exempted, such as agricultural structures for animals, minor works, land reclamation, intensive agriculture and initial forestation.
Exempted Local Authority Development
Exempted Local Authority Development
Construction and maintenance of roads, development managed by or in partnership with a local authority, and works related to sewers, pipes, cables and wires are exempted.
EIA for Local Authority Development
EIA for Local Authority Development
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Exempted Development by Local and State Authorities
Exempted Development by Local and State Authorities
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Planning Authority Duty and Development Plan
Planning Authority Duty and Development Plan
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Duty of Good Faith and Transparency
Duty of Good Faith and Transparency
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Material Contravention of Development Plan
Material Contravention of Development Plan
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Strict Construction of Exemptions
Strict Construction of Exemptions
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Onus of Proof for Exemptions
Onus of Proof for Exemptions
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Rebuttable Presumption of Non-Exemption
Rebuttable Presumption of Non-Exemption
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Unintended Consequences of Exemptions
Unintended Consequences of Exemptions
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Declaration and Referral on Development
Declaration and Referral on Development
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Timeframe for Determination and Referral
Timeframe for Determination and Referral
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Purpose of Section 5 Declaration
Purpose of Section 5 Declaration
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Section 5 Declaration Limitations
Section 5 Declaration Limitations
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Judicial Review of Section 5 Decisions
Judicial Review of Section 5 Decisions
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Agricultural Development
Agricultural Development
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Confirmation procedure (s.10 declaration)
Confirmation procedure (s.10 declaration)
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Restriction on access to the s.10 declaration procedure
Restriction on access to the s.10 declaration procedure
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Local authority development (LAD) exemption
Local authority development (LAD) exemption
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Exemption for LA development on maritime sites
Exemption for LA development on maritime sites
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Exemption for LA works within the functional area
Exemption for LA works within the functional area
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Prohibition of materially contravening LA development
Prohibition of materially contravening LA development
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Planning Authority's duty to secure development plan objectives
Planning Authority's duty to secure development plan objectives
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Prohibition of LA development contravening the development plan
Prohibition of LA development contravening the development plan
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Study Notes
Exempted Development Overview
- Exempted development does not require planning permission
- Exemptions are primarily under the Planning and Development Act 2000 (PDA 2000), with amendments.
- Further exemptions are available under other legislation and may be added at times.
- Specific qualifications apply limiting the scope of exempted development, largely to prevent environmental harm and misuse of the terms.
Exempted Development: Qualifications
- Must not be a class of development subject to Environmental Impact Assessment (EIA) or Appropriate Assessment.
- Must not contravene any planning permission conditions.
- Should not extend, alter, repair or renew an unauthorized structure/use.
Rationale for Exempted Development
- To remove minor or insignificant development from the planning process.
- To avoid unnecessary duplication of control, notably if the project is subject to other legislation or processes.
Definition of Exempted Development (PDA)
- Section 4(1) PDA 2000 covers development for agriculture, local authorities, statutory undertakers, works within structures, and areas incidental to enjoyment or casual trading. Land reclamation is also included under this section.
- Section 4(2) allows the making of regulations where the development does not significantly impact the area. Development under other legislation, requiring consultation may also be exempted.
Exempted Development: Limitations
- Exempted development is generally unavailable for projects subject to Environmental Impact Assessment (EIA) or Appropriate Assessment (AA).
- PDA 2000, s.4(4A): Minister can prescribe any development requiring authorization under other legislation to be exempt in certain cases.
- Minister must consult with the relevant State Authority for any regulations regarding their specific function(s).
P&D Regs 2001: Further Definitions
- Part 2 of the Regulations lists various types of development included in the exemptions, contingent upon compliance with other conditions (specifically Public safety, traffic, and landscape characteristics).
- Schedule 2 further categorized these exemptions into General, advertisements, rural, and classes of use.
Exempted Development (cont.): Case Law
- Exemptions should be interpreted strictly (Moore v. Minister for Arts, Heritage and the Gaeltacht [2016]).
- The onus for proving exempted status rests on the developer (Fingal Co. Co. v. Crean [2001]).
- Courts have considered whether a development materially contravenes a planning scheme (Murray v. Buckley [1991]).
Declaration and Referral (s.5 PDA)
- Anyone can request a declaration on development or exemptions by paying the required fee.
- Planning Authority provides the declaration regarding what is or isn't exempted development.
- If a determination isn't made within the timeframe, it can be referred to the Appeals Board.
- Any decision from the Planning authority or the appeals board must be documented.
PA/ABP Jurisdiction
- A straightforward process is involved in evaluating whether a particular development requires planning permission or if it is exempted.
- Declarations do not grant permission, but they clarify development status.
- The Planning Authority (PA) or Appeals Board (ABP) do not directly enforce exemptions.
Not within the jurisdiction of PA/ABP
- Whether a development is unauthorized can't be determined under section 5.
Agricultural Development Under PDA
- Section 4(1)(a) of PDA 2000 broadly defines agricultural development.
- Various cases illustrate the application of this section (especially concerning Irish Wild Bird Conservancy v. Clonakilty Golf and Country Club and Dolan v. Cooke.)
Local Authority Development
- Construction/maintenance projects are exemptions under section 4(1) of PDA 2000.
- Other considerations include compliance with EIA requirements and other procedures under section 176, 175(1) and Article 118.
- Exemptions and conditions are detailed under Parts 8 and 11 of the P&D Regs for Local Authority projects.
Other Controls/Additional Considerations
- PA has a duty to ensure development plans are not materially violated.
- Environmental controls, particularly under the 1993 Roads Act, should be considered.
- Common law violations (such as nuisance) may also affect a project.
Other Exemptions
- Includes detailed exemptions for forestry, curtilage of housing, casual trading/recreation/agricultural works, national road/site developments, etc.
Changes of Use within Same Class
- Part 2 Schedule 2 (2001 Regs) details changes in land use within existing classes.
- The various specific conditions relating to non-exempted work, planning conditions, and use/hazard/landscape characteristics.
Planning and Development Act 2024
- Section 2 details the scope of development exemption, focusing on classes prescribed in section 9 or virtue of section 152.
Exempted Development Status
- EIA/AA requirements make exempted development status less widely applicable.
- Protected structures also fall outside exempted status.
- Unauthorised development is generally not exempted.
- Ministers can create regulations to exempt developments if the criteria fall outside the standard definition.
Section 9 (PDA 2024)
- The section outlines the minister's power to make exemptions under the PDA 2024.
- It defines permitted types of development that are minimally impactful.
- Regulations should respect existing laws and public consultations prior to implementing them.
Section 10/11 Declarations
- Section 10 and 11 of the PDA 2024 update the procedure for declarations concerning development, and if it is exempted.
- Significant changes are made compared to the previous section 5 regime; these include restrictions to those with relevant consent to a given site and procedure-based consent processes.
- The limitations are meant to support public compliance with planning and environmental regulations.
Section 152 (PDA 2024/Local Authority)
- Section 152 delineates the extent to which local authority development is exempt.
- Key areas are avoiding EIA/AA procedures, protected structures, and unauthorized development.
- Coastal and other functional areas are specifically addressed.
Important Control over Local Authority Development
- Section 56 of the PDA 2024 clarifies the duties of the Planning Authority (PA) regarding development, including the avoidance of materially contravening a previously made plan.
- Case law interpretations of previous legislation continue to inform interpretations of the new standards.
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Description
This quiz explores the concept of exempted development as defined under the Planning and Development Act 2000. It covers qualifications, rationale, and the specific types of developments that do not require planning permission. Test your understanding of the key concepts and implications of exempted developments.
