S.I. No. 86/1994 - Local Government (Planning and Development) Regulations, 1994

• (4) A reference in sub-article (3) to Bord Fáilte Éireann shall, in the case of proposed development which would be situate in the functional area of the Shannon Free Airport Development Company Ltd., be construed as a reference to that Company.

133 Availability for inspection of plans and particulars.

133.

133. A local authority shall make available for inspection by members of the public, at the times and during the period specified pursuant to article 131 (2) (b) (i)—

( a ) a document describing the nature and extent of the proposed development and the principal features thereof,

( b ) a location map, drawn to a scale of not less than 1:10,560 and marked or coloured so as to identify clearly the land on which it is proposed to carry out the proposed development,

( c ) a site layout plan, drawn to a scale of not less than 1:500, showing the boundary of the site on which it is proposed to carry out the proposed development and buildings or other structures, and roads or other features, in the vicinity of the site, and

( d ) such other plans and drawings, drawn to a scale of not less than 1:100, as are necessary to describe the proposed development.

134 Report with respect to proposed development.

134.

134. (1) A local authority shall, after the expiration of the period or periods (as the case may be) during which submissions or observations with respect to proposed development may be made to the local authority in accordance with this Part, prepare a report in relation to proposed development.

• (2) A report prepared in accordance with sub-article (1) shall—

( a ) describe the nature and extent of the proposed development and the principal features thereof,

( b ) evaluate the likely implications, if any, of the proposed development with respect to the proper planning and development of the area in which the development would be situate,

( c ) list the persons or bodies who made submissions or observations with respect to the proposed development in accordance with this Part,

( d ) summarise the issues with respect to the proper planning and development of the area in which the proposed development would be situate raised by persons or bodies who made submissions or observations in accordance with this Part, and give the response of the local authority thereto, and

( e ) indicate whether it is proposed to proceed with the proposed development, to proceed with the proposed development as varied or modified in a manner indicated in the report, or not to proceed with the proposed development.

• (3) A report prepared by a local authority in accordance with sub-article (1) shall be submitted to the members of the local authority and may, subject to any resolution adopted by the members of the local authority pursuant to section 2 (8) of the City and County Management (Amendment) Act, 1955 (No. 12 of 1955), be so submitted in the course of compliance with section 2 (7) of the said Act.

135 Notice following compliance with requirements of Part X.

135.

135. (1) Where the preceding requirements of this Part have been complied with with respect to proposed development, a local authority shall—

( a ) send notice in accordance with sub-article (2) to any body to which notice of the proposed development was sent pursuant to article 132, and

( b ) send notice in accordance with the said sub-article to any other persons or bodies who made submissions or observations with respect to the proposed development in accordance with this Part, or publish a notice in accordance with the said sub-article in a newspaper circulating in the area in which the proposed development would be situate.

• (2) A notice referred to in sub-article (1) shall indicate that the local authority will proceed with the proposed development, or proceed with the proposed development subject to variations or modifications, or not proceed with the proposed development, as the case may be.

136 Transitional.

136.

136. This Part shall not apply to proposed development where—

( a ) the members of the local authority have been informed of the works comprising the proposed development pursuant to section 2 (7) of the City and County Management (Amendment) Act, 1955 before the coming into operation of this Part, and

( b ) (i) in the case of proposed development which will be carried out by the local authority, the development has commenced before the 31st day of December, 1994, or

• (ii) in the case of proposed development which will be carried out on behalf of the local authority, a contract for the carrying out of the development has been signed before the 31st day of December, 1994.

PART XI APPOINTMENT OF CHAIRMAN AND ORDINARY MEMBERS OF AN BORD PLEANÁLA

137 Definitions for Part XI.

137.

137. In this Part—

"chairman" means the chairman of the Board;

"the committee" means the committee referred to in section 5 of the Act of 1983.

138 Procedure where request under section 5(7) of Act of 1983 made to committee.

138.

138. (1) Whenever a request under section 5 (7) of the Act of 1983 is made to the committee for the selection of candidates for appointment to be the chairman—

( a ) the committee shall meet on a day and at a time and place determined by the President of the High Court, who shall cause to be communicated to the other members of the committee the day, time and place of the meeting, and

( b ) the committee shall, before selecting candidates for appointment to be the chairman pursuant to the request, cause an advertisement to be published inviting applications for appointment to such office.

• (2) An advertisement published pursuant to sub-article (1) (b) shall specify a period of not less than twenty-one days for the making of applications and any application which is not received by the committee within the period so specified shall be invalid.

139 Content of application.

139.

139. An application for selection by the committee shall include a curriculum vitae and particulars of the special knowledge and experience and other qualifications and personal qualities which the applicant considers relevant to the application.

140 Requirement to submit further particulars.

140.

140. Where the committee receive an application for selection by the committee they may require the applicant to submit, within a period of not more than twenty-one days, such further particulars as they may require (including any evidence which the committee may reasonably require to verify any particulars given by the applicant in or in relation to the application).

141 Interviewing of applicants.

141.

141. (1) Where the committee consider it necessary for the purposes of selecting candidates they may, subject to sub-article (2), invite applicants to attend for interview on a day and at a time and place specified by the committee.

• (2) Where the committee decide to invite applicants to attend for interview pursuant to sub-article (1), the committee may, in their absolute discretion, having examined the information contained in the applications in the context of the matters referred to in section 5 (7) (b) of the Act of 1983, invite to attend for interview only those applicants who appear to them to be likely to be suitable to be considered for selection as candidates for appointment to be the chairman.

142 Cesser of entitlement to further consideration by committee.

142.

142. An applicant who does not attend for interview on the day and at the time and place specified by the committee or who does not furnish such particulars or evidence as may be required by the committee pursuant to article 140 within the period specified pursuant to that article shall not be entitled to further consideration by the committee for selection as a candidate for appointment to be the chairman.

143 Procedure of committee.

143.

143. (1) The committee shall hold such meetings as may be necessary for the performance of their functions.

• (2) The quorum for a meeting of the committee shall be four.

• (3) The President of the High Court shall preside at meetings of the committee at which he is present.

• (4) If the President of the High Court is not present at a meeting of the committee, a member of the committee selected by the committee shall preside at the meeting.

• (5) Every question at a meeting of the committee shall be determined by a majority of votes of the members present.

• (6) Subject to the foregoing provisions of this article, the committee shall regulate their own procedure.

144 Secretary of committee.

144.

144. An officer of the Minister designated by the Secretary of the Department of the Environment shall act as secretary of the committee.

145 Prescribed organisations for purposes of section 7 (2) (a) of Act of 1983.

145.

145. The prescribed organisations for the purposes of section 7 (2) (a) of the Act of 1983 shall be—

( a ) the Irish Planning Institute,

( b ) the Royal Town Planning Institute, Irish Branch — Southern Section,

( c ) the Institution of Engineers of Ireland,

( d ) the Society of Chartered Surveyors in the Republic of Ireland, and

( e ) the Royal Institute of the Architects of Ireland.

146 Prescribed organisations for the purposes of section 7 (2) (b) of Act of 1983.

146.

146. The prescribed organisations for the purposes of section 7 (2) (b) of the Act of 1983 shall be—

( a ) An Taisce — the National Trust for Ireland,

( b ) Bord Fáilte Éireann,

( c ) the Irish Architectural Archive,

( d ) the Irish Resource Development Trust,

( e ) the Royal Irish Academy, and

( f ) the County and City Managers' Association.

147 Prescribed organisations for purposes of section 7 (2) (c) of Act of 1983.

147.

147. The prescribed organisations for the purposes of section 7 (2) (c) of the Act of 1983 shall be—

( a ) the Construction Industry Federation,

( b ) the Irish Congress of Trade Unions,

( c ) Forfás,

( d ) the Irish Business and Employers' Confederation, and

( e ) the Chambers of Commerce of Ireland.

148 Prescribed organisation for purposes of section 7 (2) (d) of Act of 1983.

148.

148. The prescribed organisations for the purposes of section 7 (2) (d) of the Act of 1983 shall be —

( a ) Aontacht Cumann Riartha Aitreabhthóirí (The Association of Combined Residents' Associations),

( b ) the National Association of Tenants' Organisations,

( c ) the National Youth Council of Ireland,

( d ) the Irish Farmers' Association,

( e ) the Irish Creamery Milk Suppliers' Association,

( f ) the Irish Countrywomen's Association, and

( g ) the Council for the Status of Women.

149 Duty of prescribed organisation on receipt of request pursuant to section 7 (3) of Act of 1983.

149.

149. Where a request is made to a prescribed organisation pursuant to section 7(3) of the Act of 1983 the organisation shall, before the expiration of two months commencing on the day on which the request is made—

( a ) select two candidates for appointment as ordinary members of the Board;

( b ) inform the Minister:

• (i) of the names of the candidates selected, and

• (ii) of the reasons why, in the opinion of the organisation, each candidate is suitable for appointment as an ordinary member of the Board;

( c ) send to the Minister:

• (i) a curriculum vitae in relation to each candidate, and

• (ii) the written consent of each candidate to his selection in accordance with the request.

PART XII LICENSING UNDER SECTION 89 OF ACT OF 1963

150 Definition for Part XII.

150.

150. In this Part, "specified appliance or structure" means an appliance or structure referred to in section 89(1) of the Act of 1963 or any additional appliance or structure specified in article 151.

151 Appliances and structures suitable for being licensed.

151.

151. The following appliances and structures are hereby specified as suitable for being licensed under section 89 of the Act of 1963—

( a ) a petrol, oil or other storage tank (together with any associated manhole, inlet, outlet, or pipe for connection with a pump),

( b ) a delivery pipe or hose attached to a petrol pump or oil pump, which is erected in a permanent position and which is not on a public road,

( c ) a movable pump or other appliance for dispensing any oil or oil derivative or mixture thereof,

( d ) a case, rack, shelf or other appliance or structure for displaying articles for the purposes of advertisement or of sale in or in connection with any adjacent business premises,

( e ) tables and chairs outside a hotel, restaurant or public house,

( f ) a cabinet used as part of a wired broadcast relay service by a person licensed under the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974 ( S.I. No. 67 of 1974 ),

( g ) a lamp-post,

( h ) a bridge, arch, tunnel, passage or other similar structure which is used or intended for use other than by the public and was constructed on or after the 1st day of October, 1964,

( i ) a cellar or other underground structure constructed on or after the 1st day of October, 1964,

( j ) a coin-operated machine other than a vending machine, and

( k ) an advertisement consisting of any symbol, emblem, model, device or logo.

152 Fees for licences under section 89 of Act of 1963.

152.

152. (1) Where a licence under section 89 of the Act of 1963 is granted by a planning authority—

( a ) to erect, construct, place and maintain, or

( b ) to maintain

a specified appliance or structure referred to in Part I or II of the Seventh Schedule, the amount of the fee to be paid to the planning authority shall, subject to the provisions of article 153, be—

• (i) where the licence is for a period of one year, the appropriate amount indicated in the second column of that Schedule opposite the reference in the first column of that Schedule to the specified appliance or structure,

• (ii) where the licence is for a period of more than one year, an amount equal to the fee for one year for each year or part of a year for which the licence is granted, and

• (iii) where the licence is for a period of less than a year, an amount equal to one tenth of the fee for one year for each month or part of a month for which the licence is granted, or £5, whichever is the greater.

• (2) Where a licence under section 89 of the Act of 1963 is granted by a planning authority to erect, construct, place and maintain a specified appliance or structure referred to in Part III of the Seventh Schedule, the amount of the fee to be paid to the planning authority shall be the amount indicated in the second column of that Schedule opposite the reference in the first column of that Schedule to the specified appliance or structure and no fee shall be payable in respect of any renewal of a licence for such an appliance or structure.

153 Additional fee for advertising use.

153.

153. In the case of—

( a ) any pump, machine or similar appliance or structure, more than one quarter of the surface area of which is used for advertising purposes,

( b ) any town or landscape map more than one third of the surface area of which is used for advertising purposes, and

( c ) any other appliance or structure any part of the area of which is used for advertising purposes,

the amount of the fee under article 152 shall be increased by the amount of the fee payable under that article in respect of an advertisement structure which is on a public road.

154 Disposal of licence fees.

154.

154. Licence fees received by planning authorities in respect of specified appliances and structures referred to in the Seventh Schedule shall be paid into the county fund in the case of a council of a county and into the municipal fund in the case of a corporation of a county or other borough or the council of an urban district.

155 Transitional.

155.

155. Where an application for a licence is received by a planning authority before the coming into operation of this Part, the fee to be paid to the planning authority shall, notwithstanding article 4, be the fee payable under Part VII of the Local Government (Planning and Development) Regulations, 1977 and the Fourth Schedule to those Regulations.

PART XIII PROVISIONS WITH RESPECT TO CERTAIN DEVELOPMENT BY OR ON BEHALF OF STATE AUTHORITIES

156 Specified development for purposes of section 2 (1) (a) (i) of Act of 1993.

156.

156. (1) The specified classes of development for the purposes of section 2 (1) (a) (i) of the Act of 1993 shall be —

( a ) development consisting of the provision of:

• (i) Garda stations or other buildings, or other premises or installations, or other structures or facilities, used for the purposes of or in connection with the operations of An Garda Síochána,

• (ii) prisons or other places of detention,

• (iii) courthouses,

• (iv) barracks or other buildings, or other premises or installations (including airfields and naval yards), or other structures or facilities, used for the purposes of or in connection with the operations of the Defence Forces,

• (v) office buildings or other premises used for the purposes of or in connection with the business of Uachtarán na h-Éireann, Dáil Éireann, Seanad Éireann, the Department of the Taoiseach, the Office of the Tánaiste, the Department of Defence, the Department of Foreign Affairs, the Department of Justice, the Office of the Attorney General, the Chief State Solicitor's Office and the Office of the Director of Public Prosecutions;

( b ) (i) development consisting of the provision of an extension of any building referred to in paragraph (a), where such extension will be situate, in whole or in part, outside the curtilage of the existing building or, where the building is situate within a premises or other installation referred to in the said paragraph, outside the curtilage of the premises or other installation,

• (ii) development consisting of the provision of an extension of a premises or other installation, other than a building, referred to in paragraph (a) which will extend the premises or other installation beyond the curtilage of the existing premises or other installation;

( c ) (i) development consisting of the carrying out of any works, for reasons of national security, within, or bounding, the curtilage of any building, premises or other installation occupied by, or under the control of, a State authority, other than a building, premises or other installation referred to in paragraph (a),

• (ii) development consisting of the carrying out, by or on behalf of a State authority, for reasons of national security, of any works within, or bounding, the curtilage of the residence of a holder, or former holder, of a public office or any other public servant or former public servant.

• (2) For the purposes of this article, a building, premises, installation, structure or facility may be provided by the carrying out of works or by the making of a material change in the use of a building, premises, installation, structure or facility.

157 Specified development for purposes of section 2 (1) (a) (ii) of Act of 1993.

157.

157. The specified class of development for the purposes specified of section 2 (1) (a) (ii) of the Act of 1993 shall be the carrying out by the Commissioners of Public Works in Ireland, with such additions, omissions, variations and deviations as may be found necessary in the course of the works, of works specified in a drainage scheme confirmed by the Minister for Finance under Part II of the Arterial Drainage Act, 1945 (No. 3 of 1945).

158 Notice of proposed development.

158.

158. (1) This article shall apply to the classes of development specified in article 156 (1) (a) or (b), other than development consisting of the construction or erection of such temporary structures for the purposes of or in connection with the operations of the Defence Forces as are urgently required for reasons of national security, and the development to which this article applies is hereafter in this Part referred to as "proposed development".

• (2) A State authority shall—

( a ) publish notice of proposed development in a newspaper circulating in the area in which the development would be situate, and

( b ) erect or fix a site notice of proposed development on the land or structure where the development would be situate.

• (3) A notice published pursuant to sub-article (2) ( a ) shall contain as a heading the name of the State authority by which the development is proposed to be carried out and shall state—

( a ) the location, nature and extent of the proposed development,

( b ) that plans and particulars of the proposed development will be available for inspection, at the offices of the State authority in Dublin and at a specified location in the area in which the development would be situate, at specified times during a period of one month beginning on the day of publication of the notice,

( c ) that submissions or observations with respect to the proposed development, dealing with the proper planning and development of the area in which the development would be situate, may be made in writing to the State authority within a period of six weeks beginning on the day of publication of the notice.

• (4) ( a ) A site notice erected or fixed pursuant to sub-article (2) ( b ) shall contain as a heading the name of the State authority by which the development is proposed to be carried out and shall state—

• (i) the nature and extent of the proposed development,

• (ii) the locations and the times at which, and the period during which, plans and particulars of the proposed development will be available for inspection, and

• (iii) the period during which submissions or observations with respect to the proposed development, dealing with the proper planning and development of the area in which the development would be situate, may be made in writing to the State authority.

( b ) A site notice erected or fixed pursuant to sub-article (2) ( b )—

• (i) shall be painted or inscribed, or printed and affixed, on a durable material, and

• (ii) subject to paragraph ( c ), shall be securely erected or fixed in a conspicuous position on or near the main entrance to the land or structure concerned from a public road, or on any other part of the land or structure adjoining a public road, so as to be easily visible and legible by persons using the public road.

( c ) Where the land or structure concerned does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure.

( d ) A site notice shall be erected or fixed on the land or structure concerned not later than the day of publication of notice of the proposed development in a newspaper pursuant to sub-article (2) ( a ), shall be maintained in position for a period of at least one month after publication of the said notice and shall be renewed or replaced if it is removed or becomes defaced or illegible within that period.

159 Notice of proposed development to planning authority.

159.

159. (1) A State authority shall send notice of proposed development to the planning authority for the area in which the proposed development would be situate.

• (2) A notice in accordance with sub-article (1) shall—

( a ) indicate the location, nature and extent of the proposed development,

( b ) be accompanied by a copy of the plans and particulars of the proposed development made available for inspection by members of the public in accordance with article 160, and

( c ) state that submissions or observations with respect to the proposed development, dealing with the proper planning and development of the area in which the development would be situate, may be made in writing to the State authority within a period of six weeks beginning on the day on which the notice is sent to the planning authority.

160 Availability for inspection of plans and particulars.

160.

160. A State authority shall make available for inspection by members of the public, at the locations and times and during the period of one month beginning on the day of publication of notice of proposed development pursuant to article 158 (2) ( a )—

( a ) a document describing, in general terms, the nature and extent of the proposed development,

( b ) a location map, drawn to a scale of not less than 1:10,560 and marked or coloured so as to identify clearly the land on which it is proposed to carry out the development, and

( c ) plans or drawings describing, in outline, the external appearance of the building, or other premises or installation, or other structure or facility, to be provided or extended (as the case may be).

161 State authority to have regard to certain matters.

161.

161. (1) A State authority shall, in deciding whether proposed development is to be carried out, have regard to any submissions or observations made by a planning authority or by any other person or body in accordance with this Part.

• (2) A State authority may, following compliance with sub-article (1), decide, as it considers appropriate, that the proposed development will be carried out, with or without variations or modifications, or will not be carried out.

162 Notice of decision with respect to proposed development.

162.

162. (1) A State authority shall, within three working days of making its decision with respect to proposed development, send notice of the decision to the planning authority for the area in which the proposed development would be situate.

• (2) Where any person or body, other than the planning authority for the area in which proposed development would be situate, has made submissions or observations to a State authority with respect to the proposed development in accordance with this Part, the State authority shall, where notice of its decision with respect to the proposed development is not published in a newspaper pursuant to sub-article (3), send notice of the decision to the person or body within three working days of the making of its decision.

• (3) ( a ) A State authority may publish notice of its decision with respect to proposed development in a newspaper circulating in the area in which the proposed development would be situate.

( b ) A notice published pursuant to paragraph ( a ) shall be published within seven days of the making of the decision of the State authority with respect to the proposed development.

PART XIV MISCELLANEOUS

163 Prescribed authorities for purposes of section 46 of Act of 1963.

163.

163. The prescribed authorities for the purposes of section 46 of the Act of 1963 (being the authorities which must be consulted by a planning authority before they make an order under that section) shall be—

( a ) the Commissioners of Public Works in Ireland,

( b ) the Royal Irish Academy,

( c ) Bord Fáilte Éireann, and

( d )An Taisce — the National Trust for Ireland.

164 Public authorities for purposes of sections 5 of Act of 1976.

164.

164. Each of the following bodies is hereby declared to be a public authority for the purposes of section 5 of the Act of 1976—

( a ) Bord Fáilte Éireann,

( b ) Bord Telecom Éireann — The Irish Telecommunications Board,

( c ) An Chomhairle Ealaíon,

( d ) Córas Iompair Éireann,

( e ) the Electricity Supply Board,

( f ) Forfás,

( g ) the National Monuments Advisory Council,

( h ) the National Roads Authority,

( i ) An Post — the Post Office,

( j ) the Shannon Free Airport Development Company Limited, and

( k ) Údarás na Gaeltachta.

165 Vesting order.

165.

165. Form No. 2 set out in the Third Schedule, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a planning authority in exercise of the powers conferred on them by section 25 (5) of the Act of 1976.

166 Persons to whom section 32 of Act of 1976 applies.

166.

166. (1) The following classes, descriptions and grades of employees of the Board and other persons are hereby prescribed for the purposes of section 32 of the Act of 1976—

( a ) every employee of the Board, other than an employee the qualifications for whose employment are not wholly or in part professional or technical and the maximum remuneration for whose employment is less than the maximum remuneration for the office of Executive Officer in the Civil Service;

( b ) (i) every officer of the Minister who, pursuant to arrangements made under section 21(3) of the Act of 1976, and

• (ii) every other person employed in a part-time capacity by the Board in accordance with section 10 (2) of the Act of 1976 who,

is engaged in duties relating to appeals, contributions, questions or disputes which fall to be determined by the Board or in duties relating to the functions of the Board under section 29 of the Act of 1963.

• (2) The following classes, descriptions and grades of offices under a planning authority are hereby prescribed for the purposes of section 32 of the Act of 1976—

( a ) the offices of County Manager, City Manager and Town Clerk, Assistant County Manager, Assistant City Manager, County Secretary, Town Clerk and Assistant Town Clerk;

( b ) any other office under a planning authority the holder of which is assigned duties which relate to the performance of any functions of a planning authority under the Acts.

167 Form of declaration under section 32 of Act of 1976.

167.

167. (1) Form No. 3 set out in the Third Schedule shall be the prescribed form of a declaration to be given to the Board under section 32 of the Act of 1976.

• (2) Form No. 4 set out in the Third Schedule shall be the prescribed form of a declaration to be given to a planning authority under section 32 of the Act of 1976.

168 Register fee.

168.

168. The prescribed fee for a copy of an entry in the register shall be the amount indicated in column 2 of the Sixth Schedule opposite the mention of such a copy in column 1 of the said Schedule.

Article 4

FIRST SCHEDULE

REGULATIONS REVOKED

Number and Year	Title
65 of 1977	Local Government (Planning and Development) Regulations, 1977.
231 of 1980	Local Government (Planning and Development) (Amendment) Regulations, 1980.
154 of 1981	Local Government (Planning and Development) (Amendment) Regulations, 1981.
342 of 1982	Local Government (Planning and Development) (Amendment) Regulations, 1982.
285 of 1983	Local Government (Planning and Development) (An Bord Pleanála) Regulations, 1983.
403 of 1983	Local Government (Planning and Development) (Postal and Telecommunications) (Exempted Development) Regulations, 1983.
348 of 1984	Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984.
358 of 1984	Local Government (Planning and Development) (Fees) Regulations, 1984.
130 of 1985	Local Government (Planning and Development) (Exempted Development) Regulations, 1985.
287 of 1987	Local Government (Planning and Development) (Exempted Development) Regulations, 1987.
338 of 1989	Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1989.
25 of 1990	Local Government (Planning and Development) Regulations, 1990.
144 of 1990	Local Government (Planning and Development) (Compensation) Regulations, 1990.
187 of 1991	Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1991.
3 of 1992	Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1992.
209 of 1992	Local Government (Planning and Development) Regulations, 1992.
222 of 1992	Local Government (Planning and Development) (No. 2) Regulations, 1992.
349 of 1993	Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1993.
402 of 1993	Local Government (Planning and Development) Regulations, 1993.

SECOND SCHEDULE

PART I Exempted Development — General

Column 1 Description of Development	Column 2 Conditions and Limitations
Development within the curtilage of a dwellinghouse
CLASS 1
The extension of a dwellinghouse, by the construction or erection of an extension (including a conservatory) to the rear of the dwellinghouse or by the conversion for use as part of the dwellinghouse of any garage, store, shed or other similar structure attached to the rear or to the side of the dwellinghouse.	1. ( a ) Where the dwellinghouse has not been extended previously, the floor area of any such extension shall not exceed 23 square metres.
( b ) Where the dwellinghouse has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions, shall not exceed 23 square metres.
	2. The height of any such extension shall not exceed the height of the eaves or parapet, as may be appropriate, of the dwellinghouse.
	3. The construction or erection of any such extension to the rear of the dwellinghouse shall not reduce the area of private open space of the dwellinghouse to the rear of the dwellinghouse to less than 25 square metres.
CLASS 2
The provision, as part of a central heating system of a dwellinghouse, of a chimney, boiler house or oil storage tank.	The capacity of any such oil storage tank shall not exceed 3,500 litres.
CLASS 3
The construction, erection or placing within the curtilage of a dwellinghouse of any tent, awning, shade or other object, greenhouse, garage, store, shed or other similar structure.	1. No such structure shall be constructed, erected or placed forward of the front wall of the dwellinghouse.
2. The total area of such structures constructed, erected or placed within the curtilage of a dwellinghouse shall not, taken together with any other such structures previously constructed, erected or placed within the said curtilage, exceed 25 square metres.
	3. The construction, erection or placing within the curtilage of a dwellinghouse of any such structure shall not reduce the amount of private open space of the dwellinghouse to the rear or to the side of the dwellinghouse to less than 25 square metres.
	4. The external finishes of any garage or other structure constructed, erected or placed to the side of a dwellinghouse, and the roof covering where any such structure has a tiled or slated roof, shall conform with those of the dwellinghouse.
	5. The height of any such structure shall not exceed, in the case of a building with a tiled or slated pitched roof, 4 metres or, in any other case, 3 metres.
	6. The structure shall not be used for human habitation or for the keeping of pigs, poultry, horses, ponies or pigeons or for any other purpose other than a purpose incidental to the enjoyment of the dwellinghouse as such.
CLASS 4
( a ) The erection of a wireless or television antenna, other than a satellite television signal receiving antenna, on the roof of a dwellinghouse.	The height of the antenna above the roof of the dwellinghouse shall not exceed 6 metres.
( b ) The erection on, or within the curtilage of, a dwellinghouse of a satellite television signal receiving antenna.	1. Not more than one such antenna shall be erected on, or within the curtilage of, a dwellinghouse.
	2. The diameter of any such antenna shall not exceed 1 metre.
	3. No such antenna shall be erected on, or forward of, the front wall of the dwellinghouse.
	4. No such antenna shall be erected on the front roof slope of the dwellinghouse or higher than the highest part of the roof of the dwellinghouse.
CLASS 5
The construction, erection or alteration, within or bounding the curtilage of a dwellinghouse, of a gate, gateway, railing or wooden fence or a wall constructed of brick, stone, blocks with decorative finish, other concrete blocks or mass concrete.	1. The height of any such structure shall not exceed 2 metres or, in the case of a wall or fence within or bounding any garden or other space in front of a dwellinghouse, 1.2 metres.
	2. Every wall other than a dry stone wall shall be capped and the external surface of every wall of mass concrete or of concrete blocks, other than blocks with decorative finish, bounding any garden or other space between a dwellinghouse and a road shall be plastered.
CLASS 6
( a ) The construction of any path, drain or pond or the carrying out of any landscaping works within the curtilage of a dwellinghouse.	The level of the ground shall not be altered by more than 1 metre above or below the level of the adjoining ground.
( b ) Any works within the curtilage of a dwellinghouse for—
(i) the provision to the rear of the dwellinghouse of a hard surface for use for any purpose incidental to the enjoyment of the dwellinghouse as such,
(ii) the provision to the front or side of the dwellinghouse of a hard surface for the parking of not more than two motor vehicles used for a purpose incidental to the enjoyment of the dwellinghouse as such.
CLASS 7
The construction or erection of a porch outside any external door of a dwellinghouse.	1. Any such structure shall be situate not less than 2 metres from any road.
The construction or erection of a porch outside any external door of a dwellinghouse.	2. The floor area of any such structure shall not exceed 2 square metres.
3. The height of any such structure shall not exceed, in the case of a structure with a tiled or slated pitched roof, 4 metres or, in any other case, 3 metres.
Sundry minor works
CLASS 8
The construction, erection, renewal or replacement, other than within or bounding the curtilage of a dwellinghouse, of any gate or gateway.	The height of any such structure shall not exceed 2 metres.
CLASS 9
The plastering or capping of any wall of concrete blocks or mass concrete.
CLASS 10
The construction, erection, lowering, repair or replacement, other than within or bounding the curtilage of a dwellinghouse, of—	1. The height of any new structure shall not exceed 1.2 metres or the height of the structure being replaced, whichever is the greater, and in any event shall not exceed 2 metres.
(i) any fence (not being a hoarding or sheet metal fence), or	2. Every wall, other than a dry stone wall, constructed or erected bounding a road shall be capped and the external surface of every wall of mass concrete or of concrete blocks, other than blocks with decorative finish, bounding a road shall be plastered.
(ii) any wall of brick, stone, blocks with decorative finish, other concrete blocks or mass concrete.
CLASS 11
Any alteration consisting of the painting of any external part of any building or other structure.	Such painting may not, except in the case of a hoarding or other temporary structure bounding land on which development consisting of works is being or will be carried out in pursuance of a permission granted under Part IV of the Act of 1963 or as exempted development, be for the purposes of creating a mural.
CLASS 12
The repair or improvement of any private street, road or way, being works carried out on land within the boundary of the street, road or way, and the construction of any private footpath or paving.	The width of any such private footpath or paving shall not exceed 3 metres.
Change of use
CLASS 13
Development consisting of a change of use—
(a) from use for the sale of hot food for consumption off the premises, or for the sale or leasing or display for sale or leasing of motor vehicles, to use as a shop,
(b) from use as a public house to use as a shop,
(c) from use for the direction of funerals, as a funeral home, as an amusement arcade or a restaurant, to use as a shop,
(d) from use to which class 2 of Part IV of this Schedule applies to use as a shop,
( e ) from use as two or more dwellings to use as a single dwelling of any structure previously used as a single dwelling,
( f ) from use as a dwellinghouse to use as a residence for persons with an intellectual or physical disability and persons providing care for such persons.	The number of persons with an intellectual or physical disability living in any such residence shall not exceed 6 and the number of resident carers shall not exceed 2.
Temporary structures and uses
CLASS 14
Occasional use for social or recreational purposes of any school, hall, club, art gallery, museum, library, reading room, gymnasium or any structure normally used for public worship or religious instruction.
CLASS 15
The erection, construction or placing on land on, in, or under which or on land adjoining which development consisting of works (other than mining) is being or is about to be carried out in pursuance of a permission granted under Part IV of the Act of 1963 or as exempted development, of structures, works, plant or machinery needed temporarily in connection with that development during the period in which it is being carried out.	Such structures, works, plant or machinery shall be removed at the expiration of the period and the land shall be forthwith reinstated save to such extent as may be authorised or required by a permission under Part IV of the Act of 1963.
CLASS 16
The placing or maintenance on a public road of any movable appliance licensed under section 89 of the Act of 1963.
CLASS 17
The use of premises in connection with an election to the office of President of Ireland, an election of members of Dáil Éireann, the Parliament of the European Communities, a local authority or Údarás na Gaeltachta, or a referendum within the meaning of the Referendum Act, 1942.	The use shall be discontinued after a period not exceeding 30 days.
CLASS 18
The keeping or storing of a caravan or boat within the curtilage of a dwellinghouse.	1. Not more than one caravan or boat shall be so kept or stored.
2. The caravan or boat shall not be used for the storage, display, advertisement or sale of goods or for the purposes of any business.
	3. No caravan or boat shall be so kept or stored for more than nine months in any year or occupied as a dwelling while so kept or stored.
Development for industrial purposes
CLASS 19
(a) Development of the following descriptions, carried out by an industrial undertaker on land occupied and used by such undertaker for the carrying on and for the purposes of any industrial process, or on land used as a dock, harbour or quay for the purposes of any industrial undertaking—	1. Any such development shall not materially alter the external appearance of the premises of the undertaking.
2. The height of any plant or machinery, or any structure in the nature of plant or machinery, shall not exceed 15 metres or the height of the plant, machinery or structure replaced, whichever is the greater.
(i) the provision, rearrangement, replacement or maintenance of private ways or private railways, sidings or conveyors,
(ii) the provision, rearrangement, replacement or maintenance of sewers, mains, pipes, cables or other apparatus,
(iii) the installation or erection by way of addition or replacement of plant or machinery, or structures of the nature of plant or machinery.
(b) Any works for the provision within the curtilage of an industrial building of a hard surface to be used for the purposes of or in connection with the industrial process carried on in the building.
CLASS 20
Storage within the curtilage of an industrial building, in connection with the industrial process carried on in the building, of raw materials, products, packing materials or fuel, or the deposit of waste arising from the industrial process.	The raw materials, products, packing materials, fuel or waste stored shall not be visible from any public road contiguous or adjacent to the curtilage of the industrial building.
Development by statutory undertakers
CLASS 21
The carrying out by any railway undertaking of development required in connection with the movement of traffic by rail in, on, over or under the operational land of the undertaking except—
(i) the construction or erection of any railway station or bridge, or of any residential structure, office, or structure to be used for manufacturing or repairing work, which is not situate wholly within the interior of a railway station, or
(ii) the reconstruction or alteration of any of the aforementioned structures so as materially to affect the design or external appearance thereof.
CLASS 22
The carrying out by any harbour authority of development being—
(i) works authorised by a harbour works order in pursuance of section 134 of the Harbours Act, 1946 (No. 9 of 1946), which consist of the construction, reconstruction, extension or removal of docks, graving docks, quays, wharves, jetties, piers, embankments, breakwaters, roads, viaducts, tramways, railways or aerodromes, (but not the construction or erection of sheds, transit sheds, transhipment sheds, silos, stores and other structures or the reconstruction or alteration of such excepted structures so as materially to affect the design or external appearance thereof), or
(ii) the cleaning, scouring, deepening, improving or dredging of their harbour or the approaches thereto or the removal of any obstruction within the limits of their harbour, and the use of land for the disposal of dredged material in accordance with an objective in a development plan for the area in which the land is situate.
CLASS 23
The carrying out—
(a) pursuant to and in accordance with a consent given by the Minister for Transport, Energy and Communications under section 8 of the Gas Act, 1976 (No. 30 of 1976), by the Irish Gas Board of development consisting of the construction of underground pipelines for the transmission of gas (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts), or
(b) pursuant to and in accordance with an order made by the Minister for Transport, Energy and Communications under section 2 of the Gas (Amendment) Act, 1987 (No. 9 of 1987), by the Irish Gas Board of development consisting of the laying underground of mains, pipes, cables or other apparatus, or
(c) in accordance with requirements of the Minister for Transport, Energy and Communications under section 40 of the Gas Act, 1976 , of development consisting of the construction of an underground pipeline for the transmission of gas (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts), or
(d) by any gas undertaking (other than the Irish Gas Board) of development consisting of the laying underground of mains, pipes, cables or other apparatus for the purposes of the undertaking.
CLASS 24
The carrying out by any electricity undertaking of development consisting of the laying underground of mains, pipes, cables or other apparatus for the purposes of the undertaking.
CLASS 25
The carrying out by any electricity undertaking of development consisting of the construction of over head transmission or distribution lines for conducting electricity at a voltage not exceeding a nominal value of 20kV.
CLASS 26
The carrying out by any electricity undertaking of development for the purposes of the undertaking consisting of the construction or erection of an overhead transmission line not more than 40 metres from a position in respect of which permission for such line was granted and which otherwise complies with such permission, but not a line in respect of which a condition attached to the relevant permission imposed a contrary requirement.
CLASS 27
The carrying out by any electricity undertaking of development consisting of the construction or erection of a unit substation for the distribution of electricity at a voltage not exceeding a nominal value of 20kV.	The volume above ground level of any such unit substation shall not exceed 11 cubic metres, measured externally.
CLASS 28
The carrying out by An Post — The Post Office of development consisting of the provision of—
(a) pillarboxes or other forms of letter box,
(b) roadside boxes for the delivery of mail,
(c ) deposit boxes for the temporary storage of mail for local delivery,
(d) machines for the supply of stamps or printed postage labels.
CLASS 29
The carrying out, by Bord Telecom Éireann — The Irish Telecommunications Board, or by any person to whom a licence under section 111 of the Postal and Telecommunications Services Act, 1983 has been granted, of development consisting of the provision of—
(a) underground telecommunications structures or other underground telecommunications works (including the laying of mains and cables and the installation underground of any apparatus or equipment),
(b) overhead telecommunications lines,	Where such lines are attached to poles the height of the poles shall not exceed 10 metres.
(c) telephone kiosks or other public telephone facilities in a public place,	No such kiosk or facility shall be situated within 10 metres of the curtilage of any dwellinghouse, save with the consent in writing of the owner and occupier thereof.
(d) equipment for transmitting or receiving telecommunications messages from satellites in space,	1. No such equipment shall exceed 10 metres in height.
	2. The width of any antenna shall not exceed 5 metres.
	3. No such equipment shall be situated within 10 metres of the curtilage of any dwellinghouse save with the consent in writing of the owner and occupier thereof, or within 10 metres of the window of a workroom of any other structure.
(e) permanent telecommunications exchange and radio station containers,	1. No such container shall exceed 10 metres in length, 3 metres in width or 3 metres in height.
	2. No such container shall be situated within 10 metres of the curtilage of any dwellinghouse save with the consent in writing of the owner and occupier thereof, or within 10 metres of the window of a workroom of any other structure.
(f) antenna support structures,	The height of any such structure shall not—
	( a ) if constructed or erected on the ground, exceed 15 metres,
	( b ) if constructed or erected on the roof a building, exceed 7 metres above the roof.
(g) cabinets forming part of a telecommunications system,	The volume above ground level of any such cabinet shall not exceed 1.5 cubic metres, measured externally.
(h) transportable radio links.	1. The link shall be removed from the land on which it is provided not later than twelve months from the date on which it was provided.
	2. No such link shall exceed 30 metres in height above ground level or, where it is erected on a roof, 7 metres above the roof.
	3. No such link shall be situated within 10 metres of the curtilage of any dwellinghouse or of the window of a workroom of any other structure.
Development for amenity or recreational purposes
CLASS 30
Development consisting of the laying out and use of land—
(a) as a park, private open space or ornamental garden,
(b) as a roadside shrine,	The area of any such shrine shall not exceed two square metres, the height shall not exceed two metres above the centre of the road opposite the structure and it shall not be illuminated.
(c) for athletics or sports (other than golf or pitch and putt or sports involving the use of motor vehicles, aircraft or firearms), where no charge is made for admission of the public to the land.
CLASS 31
Development consisting of—
(a) the carrying out by or on behalf of a statutory undertaker of any works for the maintenance, improvement, reconstruction or restoration of any watercourse, canal, river, lake or other inland waterway, or any lock, quay, mooring, harbour, pier, dry-dock or other structure forming part of the inland waterway or associated therewith, and any development incidental thereto,
(b) the erection or construction by or on behalf of a statutory undertaker of facilities required in connection with the operation, use or management of a watercourse, canal, river, lake or other inland waterway.	1. The floor area of any building constructed or erected shall not exceed 40 square metres.
2. The height of any building constructed or erected shall not exceed, in the case of a building with a pitched roof, 6 metres or, in any other case, 3 metres.
	3. Any car park provided or constructed shall incorporate parking space for not more than 24 cars.
CLASS 32
(a) Development consisting of the carrying out by or on behalf of a State authority or other public body, on land used by the authority or body as a public park, of works incidental to that use, including the provision, construction or erection of any structure which is in connection with or for the purposes of the enjoyment of the park as such or which is required in connection with or for the purposes of the management or operation of the park.	1. The floor area of any building constructed or erected shall not exceed 40 square metres. 2. The height of any building or other structure constructed or erected shall not exceed 10 metres. 3. Any car park provided or constructed shall incorporate parking space for not more than 40 cars.
(b) Development consisting of the carrying out by or on behalf of the Commissioners of Public Works in Ireland, on a nature reserve established in accordance with section 15 of the Wildlife Act, 1976 (No. 39 of 1976), of works (including the provision, construction or erection of structures) which are in connection with or for the purposes of the enjoyment of the reserve as such or which are required in connection with the management or operation of the reserve.
Miscellaneous
CLASS 33
Development consisting of the use of land for any fair, funfair, bazaar or circus or any local event of a religious, cultural, educational, political, social, recreational or sporting character and the placing or maintenance of tents, vans or other temporary or movable structures or objects on the land in connection therewith.	1. The land shall not be used for any such purposes either continuously for a period exceeding 15 days or occasionally for periods exceeding in aggregate 30 days in any year.
2. On the discontinuance of such use the land shall be forthwith reinstated save to such extent as may be authorised or required by a permission granted under Part IV of the Act of 1963.
CLASS 34
Development consisting of the placing or erection on, or within the curtilage of, a building, or on any other land, occupied by, or under the control of, a State authority, of flags, banners or national emblems and any structures for the display of flags, banners or national emblems.
CLASS 35
Development consisting of the provision, construction or erection by or on behalf of a State authority of temporary structures or other temporary facilities required in connection with a visit of a foreign dignitary or delegation.	The temporary structures and facilities shall be removed after the conclusion of the visit and the land concerned shall be forthwith reinstated.
CLASS 36
The erection, placing or keeping on land of any lighthouse, beacon, buoy or other aid to navigation on water or in the air.	Any such lighthouse, beacon, buoy or other navigational aid shall not exceed 40 metres in height.
CLASS 37
Works incidental to the use or maintenance of any burial ground, churchyard, monument, fairgreen, market, schoolyard or showground except—
(a) the erection or construction of any wall, fence or gate bounding or abutting on a public road,
(b) the erection or construction of any building other than a stall or store which is wholly enclosed within a market building, or
(c) the reconstruction or alteration of any building other than a stall or store which is wholly enclosed within a market building.
CLASS 38
Works consisting of or incidental to—
(a) the carrying out of any works on land which are in accordance with and necessary for compliance with the terms of any licence granted under section 34 of the Local Government (Sanitary Services) Act, 1948 , but not including the erection of any building, hut or chalet or the construction of any road or hard-standing,
(b) the removal of any structure or object or the carrying out of any works required by a planning authority under the provisions of any enactment,
(c) the carrying out of development in compliance with a notice under section 12 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977),
(d) the carrying out of development in compliance with a notice under section 26 of the Air Pollution Act, 1987 (No. 6 of 1987),
(e) the carrying out of development in compliance with a condition or conditions attached to a fire safety certificate granted in accordance with Part III of the Building Control Regulations, 1991 ( S.I. No. 305 of 1991 ), other than the construction or erection of an external fire escape or water tank.
CLASS 39
The excavation for the purposes of research or discovery—
(a) pursuant to and in accordance with a licence under section 26 of the National Monuments Act, 1930 (No. 2 of 1930), of a site, feature or other object of archaeological or historical interest,
(b) of a site, feature or other object of geological interest.
CLASS 40
The sinking of a well, drilling of a borehole, erection of a pump, or construction of a pumphouse, or other works necessary for the purpose of providing a domestic water supply, or a group water supply scheme in accordance with a plan or proposal approved by the Minister or a local authority for the purpose of making a grant towards the cost of such works.
CLASS 41
Any drilling or excavation for the purpose of surveying land or examining the depth and nature of the subsoil, other than drilling or excavation for the purposes of minerals prospecting.
CLASS 42
Development consisting of the provision, construction or erection by the Commissioners of Public Works in Ireland or the Environmental Protection Agency, or by a local authority outside the functional area of the authority, of any equipment or structure for or in connection with the collection of information on the levels, volumes and flows of water in rivers or other watercourses, lakes or groundwaters, and any development incidental thereto.	The floor area of any building or other structure provided, constructed or erected shall not exceed 8 square metres and the height of any such building or other structure shall not exceed 4 metres.
CLASS 43
The connection of any premises to a wired broadcast relay service, sewer, watermain, gas main or electricity supply line or cable, including the breaking open of any street or other land for that purpose.
CLASS 44
The construction or erection by a person licensed under the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974 of a cabinet as part of a wired broadcast relay service.	The volume above ground level of any such cabinet shall not exceed 1 cubic metre, measured externally.
CLASS 45
(a) The demolition of a building or other structure, other than:
(i) a habitable house, or
(ii) a building which forms part of a terrace of buildings, or
(iii) a building which abuts on another building in separate ownership.
(b) The demolition of part of a habitable house in connection with the provision of an extension or porch in accordance with class 1 or 7, respectively, of this Part of this Schedule or in accordance with a permission for an extension or porch granted under Part IV of the Act of 1963.
CLASS 46
The carrying out by the Commissioners of Public Works in Ireland of any works for the maintenance of works and structures for which, by virtue of the Arterial Drainage Act, 1945 or any order made thereunder, the Commissioners are responsible, and any development incidental thereto.
CLASS 47
Development consisting of the carrying out of any works within, or bounding, the curtilage of a building, premises or installation specified in article 156 (1) (a).
CLASS 48
Development consisting of the carrying out by or on behalf of An Garda Síochána, for security reasons, of any works within, or bounding, the curtilage of the residence of a person in receipt of protection from An Garda Síochána, other than a person referred to in article 156 (1) (c) (ii).
CLASS 49
Development consisting of the construction or erection by a Regional Fisheries Board of—
(a) a footbridge,	Any such footbridge shall not exceed 1.2 metres in width or 8 metres in length.
(b) a fish pass,
(c) a fish screen or barrier,
(d) a walkway or fishing stand.	Any such walkway shall not exceed 1.2 metres in width, and any such fishing stand shall not exceed 10 square metres in area.

PART II Exempted Development — Advertisements