Exempted Development (Section 5)
All development requires planning permission unless it is an exempted development. Exempted developments are listed in the Planning and Development Regulations 2001 as amended. They usually refer to developments of a minor nature, such as small extensions to houses, garden walls and so on. However, if your property is in an Architectural Conservation Area, Special Amenity Area Order, or is a protected structure/listed building these exemptions do not apply. Most of the exemptions contain certain conditions and limitations. If the terms of conditions and limitations cannot be complied with, the development cannot be considered an exempted development. There are also further restrictions on development listed under Article 9 of those Regulations.
Section 5 Declaration - Application Process
In accordance with Section 5 of the Planning and Development Act 2000 as amended any person may request a declaration as to whether development is exempt. An application should be made in writing to the planning authority, to determine whether a proposal requires permission or is considered exempted development. The application should be accompanied by:
- Fee of €80
- Site Location Map
- Site Layout Plan
- Plans of the proposed development (including sections and dimensions to differentiate between the existing and proposed works.
- Finished floor levels of the proposed development in relation to the existing ground level at the site of the proposed development
The planner will then assess the application and make a decision within four weeks. The planning authority may require further information to be submitted to enable the authority to issue the declaration. In this regard, a declaration shall issue within three weeks of the receipt of further information. The applicant can appeal the decision to An Bord Pleanala, accompanied by a fee (€220).
Section 5 Declaration Form
Please click on the link below to view the Section 5 Declarations issued by Longford County Council:
Section 5 Register
