What is Exempted Development?
Exempted development is development for which planning permission is not required. Generally, it includes developments of a minor nature such as
- Building of an extension, shed, garage, boundary walls etc. within the curtilage of a dwelling house subject to conditions and limitations (see below) and not restricted by a condition of a planning permission.
- Works that affect only the interior of a structure.
- Works that do not affect the external appearance of a structure.
- Some agricultural structures.
- Some changes of use.
Full details of exempted development provisions including conditions and limitations is contained in Schedule 2 of the Planning and Development Regulations 2001-2009. The Department of the Environment Heritage and Local Government has produced planning leaflets for the general public in relation to frequently asked questions including exempt development. Planning Leaflets
Note, in certain instances, development is restricted from exemptions. These are set out Article 9 (1) of the above Planning and Development Regulations 2001-2009
Application for a Declaration of Exemption
You can seek a formal declaration from South Tipperary County Council to establish if there is a requirement for planning permission for a specific proposal, (under Section 5 of the Planning and Development Act, 2000) The procedure is as follows:-
Request must be made in writing on the Section 5 Application Form Request and must be accompanied by appropriate fee of €80. (
38 kbs)
Section 5 - Exempt Development Form
It should also be accompanied by -
And any information necessary to enable the Authority to make its Decision which will normally issued within 4 weeks. You can appeal the decision to An Bord Pleanála
