S.I. No. 115/2021 - Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th March, 2021.

WHEREAS I, PETER BURKE, Minister of State at the Department of Housing, Local Government and Heritage, am of the opinion that development to which the following regulations apply would not offend against principles of proper planning and sustainable development by reason of the nature and limited effect of development belonging to that class on its surroundings; and

WHEREAS a draft of the following regulations has been laid before each House of the Oireachtas and a resolution approving that draft has been passed by each such House;

NOW I, PETER BURKE, Minister of State at the Department of Housing, Local Government and Heritage, in exercise of the powers conferred on me by subsection (2) of section 4 and section 262 of the Planning and Development Act 2000 (No. 30 of 2000) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 )) and by the Housing, Local Government and Heritage (Delegation of Ministerial Functions) Order 2020 (S.I. 559/2020), hereby make the following regulations:

1.

• (2) These Regulations shall be included in the collective citation the Planning and Development Regulations 2001 to 2021.

2.

• (a) the substitution of the following text for the text in column (1) under the heading Class 29A:

“Development consisting of –

• (a) the construction of a charging point for electric vehicles that –

  • (i) in the case of a charging point situated on a public road, does not exceed 0.75 cubic metres by volume above ground, and

  • (ii) in all other cases, does not exceed 3.6 cubic metres by volume above ground,

• (b) the adaptation of a street lighting pole for the purposes of the provision of both street lighting and a charging point for electric vehicles,

• (c) the adaptation of a car parking payment machine situated on a public road for the purpose of both the making of payments for car parking and a charging point for electric vehicles, or

• (d) the construction of bollards not exceeding –

  • (i) 1.2 metres in height, and

  • (ii) 0.2 cubic metres by volume above ground,

  for the purpose of protecting such charging point,

  provided that such electrical construction or adaptation is carried out by a registered electrical contractor within the meaning of section 9D of the Electricity Regulation Act 1999 (No. 23 of 1999).”,

• (b) the substitution of the following text for the text in column (2) in so far as it relates to Class 29A:

“Advertising signage or other advertising material shall not be affixed to, or placed at, a charging point situated on a public road other than for the purpose of –

• (a) identifying the charging point,

• (b) providing instructions in relation to fees and to the use of the charging point, or

• (c) providing the contact details of the operator, manager or owner of the charging point.”, and

• (c) the insertion of the following after CLASS 29A:

“

CLASS 29B Development consisting of – (a) the construction of a charging hub for electric vehicles that contain – (i) not more than one substation or mini pillar to which Class 29 applies, and (ii) not more than 4 charging points to which Class 29A applies, or (b) the construction of bollards not exceeding – (i) 1.2 metres in height, and (ii) 0.2 cubic metres by volume above ground, for the purpose of protecting each such charging point, provided that such electrical construction is carried out by a registered electrical contractor within the meaning of section 9D of the Electricity Regulation Act 1999 (No. 23 of 1999).

The development shall be situated – (a) at a place (other than a public road) where parking facilities are provided, the development of which was carried out in accordance with the requirements of the Planning and Development Act 2000 (No. 30 of 2000), and (b) not closer than 500 metres to any charging hub that forms part of any other development to which Class 29B applies.

”.

GIVEN under my hand,

16 March, 2021.

PETER BURKE,

Minister of State at the Department of Housing, Local Government and Heritage