Exempt Development Public Sector and Commercial

Industrial Development

A range of industrial development is exempt.  An industrial undertaker is an entity which carries on an industrial process. The carrying on by an industrial undertaker on land occupied and used by it of any industrial process or on land used as a dock, harbour or quay for the purpose of any provision arrangement, replacement or maintenance of private ways or private railways, sidings or conveyors or the provision or  maintenance of sewers, mains, pipes, cables, or other apparatus is exempt.

It must not materially alter the external appearance of the premises of the undertaking.  The height of any plant, machinery or of any structure in the nature of the same, shall not exceed 15 metres above ground level or the height of the plant, machinery or structure replaced, whichever is greater.  Also exempt subject to the above conditions is the installation, erection or replacement of plant and machinery or similar structures.

Works for the provisions in the curtilage of an industrial building of a hard surface for the purposes or for in connection with the process carried on in the building is exempt. Storage within the curtilage of an industrial building in connection with the industrial process carried on in the building of all materials, products, fuel or waste are exempt. They must not be visible from any contiguous public road or be adjacent to the curtilage of the building.

Public Undertakers

There is detailed provision for exemption in relation to developments by statutory undertakers.  There are different classes of exemption for different types of public utility/statutory undertaker.  They permit different types of works which are necessary on a routine or on-going basis and are usual in the context of the business.

Development required for the movement of rail traffic over its operational land is exempted.  The construction of a railway station, bridge and certain other structure,  within the interior of a railways station or its reconstruction, so as to materially affects its design or external appearance is exempt.  Car parks must not incorporate more than 60 spaces.

A range of works is exempt for harbour authorities.  This includes works authorised by a Harbours Works Order including construction, reconstruction of docks, quays etc., (but not including certain sheds, silos and storage depot).

Works by a gas undertaking, the subject of consent orders by the Minister under the gas legislation, including construction of transmission pipes, laying of mains pipes, cables and apparatus are exempt.

Electricity Undertakers

A range of exemptions is available to electricity undertakings including the various arms of the former Electricity Supply Board.

Certain works by electricity undertakings are exempt from the requirement for planning permission.

• the laying underground of mains, pipes, cables and other apparatus for the purpose of the undertaking;
• development consisting of the construction of overhead transmission or distribution lines at a voltage not exceeding a nominal value of 20KV;
• carrying out a development for the purpose of the undertaking consisting of the construction or erection of an overhead transmission line, not more than 40 metres from the position for which permission for such line was granted which otherwise complies  with such permission, but not a line in respect of which a condition provides a contrary condition;
• Construction or erection of a unit substation for distribution of electricity not exceeding 20 kV.

Communications

Postal exemptions include the provision of the following by An Pos ;

• pillar boxes,  letter boxes or roadside boxes for delivery of mail;
• deposit boxes for the temporary storage of mail for local delivery and
• machines for the supply of stamps or printed postage labels.

Providing underground telecommunication structures or works, including the laying of cables and mains is exempt.  Overhead telecommunications lines are exempt, subject to conditions.  Generally, the condition is that the polls carrying over headline shall not exceed 10 metres.  The provision of telephone kiosk and telephone facilities in public places is exempt, provided it is not within 10 metres of a curtilage of a house, save with the consent of the occupier.

The facilities must be in a public place not being on or over a public road.

The provision of equipment for transmitting or receiving signals from satellites (not more than 2 metres in diameter and not to be more than 10 metres in height) or within 10 metres of the curtilage of a dwelling house, or permanent telecommunications exchange and radio station containers are exempt, subject to conditions. The following are also exempt

• cabinets forming part of a communications transmission system;
• Certain transportable radio installations, subject to conditions;
• the attachment of additional antenna to existing antenna support structure subject to  conditions on number and  height;a
• antennae for high capacity transmission is by way of attachment to existing high capacity antennae;
• antenna support structure in place of an existing support structure;
• an antenna attached to certain structures including public and commercial buildings others than educational facilities, child care facilities or hospitals by way of attachment to roofs, façades, chimneys, chimney parts or vent pipes;
• telegraph posts, lamp posts, flag posts, CC TV posts, and electric power lines

Each of the above is only exempt when undertaken by the telecommunications undertaking.  Each exemption has detailed conditions in terms of location, height, visibility and radiation output.

The erection within the curtilage of a business premises of a dish type used for receiving and transmitting satellite signals is exempt subject to the following conditions.  Not more than one such antenna shall be erected within the curtilage of the business premises. The diameter shall not exceed two metres.  No such antenna shall be erected on or forward of the front wall of the premises.  No such antenna shall be erected on the front slope of the business premises, higher than the highest part of the roof of the business premises.

Aviation

Holders of an aerodrome license (effectively airport operators) may construct a range of buildings and works, subject to conditions.  They may construct an extension to an airport operational building, whereby the floor area does not increase by the lesser or 15 percent of the existing building or 500 square metres, each subject to conditions.  Also exempt are the construction, alteration, removal of aprons, taxiways, airside roads, used for the movement and distribution of vehicles and equipment on the airside within an airport.

The construction, erection or alteration of visual navigation aids on the ground, including taxiing guidance, signage, inset and elevated airfield lighting and apparatus, necessary for the safe navigation of aircraft within an airport. The construction, erection or alteration of security fences and gates, cameras  and other measures connected with airports security are exempt. The erection or alteration of directional, location or warning sites, signs on the ground are exempt.  The latter categories are not subject to conditions.

Amenities

Amenity and recreational purpose development consisting of laying out and use of land as a park, private open space or ornamental garden or road is exempt.  A roadside shrine less than two square metres and not more than two square metres in height above the centre of the road opposite of the structure is exempt. It must not be eliminated.

Development consisting of the use of lands for athletics and sports other than golf or pitch and putt or sports involving the use of motor vehicles, aircraft or firearms, is exempt where no charge is made for the admission of the public to the land. Works incidental to the maintenance and management of a golf course or pitch and putt course, including alteration or layout excluding any extension to the area of a golf course or pitch and putt course are exempt.

Works consisting of the carrying on by a statutory undertaker or works for the maintenance, improvement, reconstruction or restoration of any watercourse, canal, lake, water, inland waterway, quay, harbour, dry dock or other structure forming part of an inland waterway or associated with it, or any development incidental to it, are exempt.

The erection or construction on behalf of the statutory undertaker of facilities in connection with the management, use or managed operation of a watercourse, canal, river, lake or other inland water is exempt, subject to conditions that the full area of the building is not to exceed 40 square metres, the height is not to exceed specified heights. Any car parks provided or constructed shall incorporate not more than 24 spaces.

Development consisting of the carrying on by a state or public authority on its own land, used by it as a public park or works incidental to that use, including the provision, construction of any structure in connection with or for the purpose of enjoyment of the park which is required in connection with its operation and management are exempt.  The full area of the building is not to exceed 40 square metres, the height is not to exceed 10 metres and car parks spaces are not to exceed 40.

Development consisting of a nature reserve in accordance with the wildlife legislation, including the construction and erection of structures in connection with or for the purpose of enjoyment of the reserve which are required in connection with its management or operation are exempt.  In each case, similar conditions to above apply.

Development consisting of the use of land for a fun fair, bizarre or circus or any local event of a religious, cultural, educational, political, social, recreation or sporting character and the placing or maintenance of tents, fence or other temporary or moveable structures in connection with such use is exempted.

The lands shall not be used for such purpose, either continuously or for a period exceeding 15 days or occasionally for periods exceeding 30 days in any year.  On discontinuance, the land is to be reinstated, save as may be authorised or required by a permission.

Various Public

Development consisting of the placing or the erection within the curtilage of a building or of any land occupied or under the control of a state authority or EU institution, of flags, banners and national emblems or structures for display is exempt.

The erection, placing or keeping on land of any beacon, buoy or other navigation aid is exempt.  They must not exceed 40 metres in height.

Works incidental to the use or maintenance of any burial ground, church, yard, monument, playground, market, school ground or show grounds is exempted, except the following;

• erection or construction of any wall, fence or gate bounding or abutting on a public road;
• erection or construction of any building other than the stall or store which is wholly enclosed within a market building or
• the reconstruction and alteration of any building other than a store or stall which is wholly enclosed within the market building;

Work consisting of, or incidental to carrying on works on lands which are necessary and in accordance with a licence granted under the Local Government (Sanitary Services) Acts (for temporary dwellings) is exempt. This does not include the erection of any building, hut or chalet or the construction of any road or hard standing.

The use of land as a “bring” facility provided no more than five recepticles are provided. Each  is not to exceed 4.5 cubic metres, none shall be situated on the public road and none shall be situated within 50 metres of a house, save with the consent of the owner or occupier.

The excavation for the purpose of research or discovery pursuant to and in accordance with the license under the National Monuments Act of any site, feature  other object of archeological or historical interest or the excavation for the purpose of research or discovery of a site feature or other object of geological interest is exempt.

The sinking of a well, drilling of a bore hole, erection of a pump or construction of a pump house for the purpose of providing a domestic water supply or group water supply scheme in accordance to a plan or proposal approved by the Minister or local authority, for the purpose of making a grant towards the cost of such works, is exempt.

The drilling or excavation for the purpose of surveying land or examining the depth or nature of the subsoil, other than drilling or excavation for the purpose of mineral prospecting, is exempt.

Envoronmental

Development consisting of the provision or construction by the OPW, EPA or local authority outside its functional areas of any equipment or structure in connection with the collection of information on the levels, volumes and flows of waters in rivers, water courses, lakes or ground waters and incidental development is exempt.  The gross floorspace of any building or other structure provided, is not to exceed eight square metres and the height is not to exceed four square metres.

Development consisting of the provision, installation or erection by the EPA or local authority outside its area, of any equipment or structure for the collection of information on air quality, including pollutants, is exempt.  The equipment shall not protrude more than two metres in front of the building line and two metres above the highest point of the roof.  The gross floorspace of the structure shall not exceed 20 square metres and its height shall not exceed three metres.

The connection of any premises to wired broadcast relay services, sewer,r water main, gas main or electricity supply line or cable, including the breaking up of any street or other land for that purpose, is exempt. The construction or erection by a person of a cabinet, as part of a wired broadcast relay service, is exempt, provided that the volume above ground of any such cabinet, is not to exceed one cubic metre, measured externally.

The carrying out by the OPW, of  works for maintenance and drainage by virtue of the Arterial Drainage Act is exempt.

Development consisting of the construction by the Fisheries Authority of a footbridge, fish pass, fish screen or barrier, walkway or fishing stand is exempt.  The footbridge shall not exceed 1.2 metres in width or 8 metres in length.  Any such walkway shall not exceed 1.2 metres in width and any fishing stand shall not exceed 10 square metres in area.

The carrying out of development below the high water mark is accordance with a fishing license under Aquaculture legislation, is exempt.  The reclamation of an area not exceeding 100 square metres of foreshore for the purpose of protecting a pier, slipway or other structure on the foreshore is exempt.