Exempted Development PDF

EXEMPTED DEVELOPMENT\ Justification for exempted development\ s exempted development= no planning permission is required for such activity\ even though it Qualifies as \"development\"\ ls avoid pP system being clogged up with too many applications for which\ many may be minor or miscellaneous.\ s ti...

EXEMPTED DEVELOPMENT\ Justification for exempted development\ s exempted development= no planning permission is required for such activity\ even though it Qualifies as \"development\"\ ls avoid pP system being clogged up with too many applications for which\ many may be minor or miscellaneous.\ s time consuming - if matter does not materially change the Ian or\ structure.\ up day to day activities run efficiently without any disruption.\ 2 BROAD CATEGORIES OF EXEMPTED DEVELOPMENT:\ 1. development which by its nature has no significant impact on the planning\ system.\ 2. development by person/body which is presumed to be in common good.\ Legal Framework:\ D P& D ACH 2000 S445 incl. amendment by P& DACH 2010\ lD P& D (Amendment) Act 2010\> amends those exempted developments\ concerning forestry, road, & proposed protected structures.\ D P& D Regulations 2001-2023 -part 2, art. 5-11 & Schedule I.\ P P& B Act 2000-5181 enables Minister to make regulations on\ specified developments by State authorities.\ INTERPRETATION\ strictness of \"development\" under S3 mitigated by concept of\ \" exempted development\" in S4& 5 of ACT.\ lD S3(2) permission required for all development except\" exempted\ development!\ o. exempted development must be\'strictly construed\'\ s must come within particular definition under P& D Regulations.\ IS IT EXEMPTEDDEVELOPMENT\ l\> S5 of P& D ACH 2000-definition of exempted dev.\ LD Any person can reavest the relevant planning authority to declare\ existence of exempted dev. s declaration maybe within 4 weeks.\ LD APB review within 4 weeks.\ D APB decision within 18 weeks\ details to be entered into register.\ LD PA/ APB does not need to follow precedent.\ EXEMPTED DEVELOPMENT:\ -\ to S4 of DD ACt 2000 - the following shall be exempted development\ bwas development consisting of the use of any land for the\ purpose of agriculture & development consisting of the use for the\ purpose of any building occupied together with land so used.\ to PD ACH 2000 S2.def. of agriculture-horticulture, fruit growing\ seed growing, dairy farming, breeding & keeping of livestock.\ ldefinition of \"agriculture\" no longer includes reference to turbary\ & forestry.\ (392/96 Commission v Ireland (1990\]\ -\ problems with turbary as exempted development\ to this exemption is exclusively for \"agricultural use\" only & NOT for\ \'agricultural works\' to be exempted development as they were in the\ nature of works.\ ANCILLARY USETOAGRICULTURE\ s ancillary depends on the facts & degree of change\ to storage of farm equipment\ to sale of farm produce.\ \> selling eggs from chicken in the farm by laying a sign with stand\ on the roadside of the farm. This is ancillary for agriculture used\ therefore not require for pP.\ to what about sale of eggs transferred from farmhouse to vending on\ main road with advertisement? Hidderley v Warwickshire Co.co. (1963)\ -\ s important to make sure that the works do not materially affect the\ external appearance of the structure so as to render the appearance\ inconsistent with the character of the structure or of neighbouring\ structures.\ cairnduff v O\'connell (80)\ us the case concerned the construction of external balcony & Stairway\ at the side of a return portion of D\'s house in Dublin-neighbour\ seeking removal of D\'s structure for interfering with their privacy\ of their garden.\ s court held that present structure did not alter the character\ of the house or the neighbouring houses, & therefore it was held to be\ an exempted development under s 4(11g of LG (P&D) ACT 1963.\ Dublin Corp. v Bentham \[ 1993\]\ -\ the matter concerned whether the replacement of the existing\ Georgian style windows with new aluminium windows is an exempted\ development.\ is installation of these windows with new aluminium windows has\ materially affected the external appearance of the building & renders\ the appearance inconsistent with the character of the structure\ that is to say the premises\ Bernadine Mccabe v trish ray (\[Loob\]\ can the replacement of a historical bridge\'s semicircular arch\ with a rectangular opening, whilst providing the same overall\ dimensions & immediate visual impact, be classified as an\ alteration exempt from pp?\ s 4(1)(h) of the Act2000 -if the extent of renewal/ reconstruction.\ was not such as to amount to the total amount to the total\ or substantial replacement or rebuilding of the original\ structure. s Question is one of fact & degree whether in the instant case the\ original railway under-bridge has been so changed by the works\ that one could not reasonably conclude that it remains the same\ bridge even though with some alterations, Improvements or\ indications of maintenance work.\ lD Finlay CJ. incairnauffv ro\'connell. shape is only one of the\ features which contribute to the character of Structure\ cD Finlay cJ. found that there was nothing uniave from a historical\ engineering perspective in this bridge.\ INTERIOR OF THE STRUCTURE:\ Hornev v Freeney.\[1982\ t departure from the designs submitted for pP which was granted\ by → the substitution of a steel roof for a concrete slab roof 4\ other structural alterations.\ s ind. the enclosing of an open area to be used for dodgem\ cars by individual rooms & the redesigns of upstairs area for the\ use of such amusement\ p was not authorised.\ topper MurphyJ\* pp is indivisible: authorises the carrying out\ of the totality of the works for which approval has been granted\ \$ not some of them only.\ Dublin Corp v Langan -98T\ ls replacement of interior of a structure\ to the filling of the basement area.\ cs construction of pillars capable of supporting entirely different\ structure from the presently existing on the site.\ o There were works which exceeded the limits for exempted\ developments within S4(1)1g) of LG (PD) A 63 as the works done\ we\'re not simple repair & maintenance work. IMPROVEMENT/ ALTERATION:\ Cronin (Readymix) Ltd v ABP \[2017\]\ s can an extension of a structure at a Quarry site be considered\ as exempt development within the meaning of the P& D ACH 2000\ is this concerned the construction of a dacre yard for\ drying concrete blocks\ oper O\'malley J. - NO. An extension goes beyond what is permitted\ as \"alteration\" in S4(1) 14)\ S4 (1).\ ls exempted development consisting of the thinning, felling or\ replanting of trees, forests or woodlands or works ancillary to that\ development but not including the replacement of broadleaf high\ forest by conifer species.\ Dolan v cooke \[2000\]\ B roadway/pathway through woodland to connect one side to the\ other \[facilitating other activities eg. Quarry\] did not constitute\ exempted development for agriculture under s4.\ Ls itis not for the purpose that serves a forest or woodland\ EXEMPTED DEVELOPMENT\ s (j.) development consisting of the use of any structure or the\ other land within the curtilage of a house for any purpose\ incidental to the enjoyment of the house as such;\ What is curtilage of a house?\ to Criminal Law (Defence & the Dwelling) Act 2011 \"curtilage\"\ in relation to a dwelling, means an area immediately surrounding\ or adjacent to the dwelling which is used in conjunction with\ the dwelling, other than any part of that\ area that is a public place. Dublin Corp. v Moore \[1984\]\ -\ l appeal against an order prohibiting the parking of commercial\ vehicles within the curtilage of a dwelling house. The issue tobe\ determined was whether parking two large modern ice cream vans\ within the driveway of a residential property constituted a\ material change in the use of the property.\ Mccarthy J - the driveway of a home is always intended for\ parking of vehicles; it would be difficult to find a driveway to a home\ in the city or county of Dublin where it was not so used\ l\> S3s5.2 is clearly intended to prevent an alteration of that\ particular type of use to one where itis supplemented by a use\" insitue\"\ fudge saw this issue as completely shutting reality out as\ most people inct traders keep their trade vehicles at home.\ Is the electricity supply does not affect the situation any more than the\ overnight charging of the battery of a car.\ ⇒4:1 (k) development consisting of the use of land for the purpose of\ a casual trading area.\ e.g. Saturday, sunday market (only there for a few hours)\ \* 4(1)11) following shall be exempted development\ →(l) development consisting of the carrying out of any of the\ works referred to in the Land Reclamation Act, 1949. s not inch works\ like the fencing or enclosure of land which has been open to or used by\ the public within 10 years preceding the date on which works are\ commenced.\ ls cases involving farmers → marshy land & they want to drain\ it,\ ARCHEOLOGICAL SITE:\ -\ CD P& D (Amend.) Act 2010.\ Development normally exempted under S4. will be de-exempted\ if they would materially affect the character of a (proposed) protected structure. ENVIRONMENTAL IMPACT ASSESSMENT:\ if EIA under legislation or assessment under Habitats Directive\ is required- development cannot be exempted development.\ S4 SS2.\ EXEMPTED DEVELOPMENT MAY NOT:\ s affect a building, feature, site etc. listed for preservation in\ the development plan or draft plan.\ lD obstruct a public right of way.\ s are not wholly related to the use of the house for domestic\ purposes\ s involve development within a special amenity area.\ C involve development to a protected structure\ is incl. any works to, or changes to, an authorised structure, or\ one where there is an unauthorised use.\ lx contrave a condition of PP.\ l endanger public safety by causing a traffic hazard or\ obstructing the view of road users.\ cD build forward of the building line (except small porches)\ us involve a new or wider access to a public road.