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GAZETTE
JULY 1994
The Local Gove rnment
(Planning and Deve l opment)
Regulat ions, 1994
b y M i c h a e l O ' D o n n e l l BL
The new Consolidated Planning
Regulations (S.I. 86 of 1994)
incorporate all existing regulations
made under the Planning Acts into a
single document and came into force
on 16 May 1994. Regulations
providing for new requirements in
respect of developments to be carried
out by the State and by local
authorities and came into force on 15
June, 1994.
Significant changes have been made
to provisions in the previous
regulations, in particular those
relating to the making of planning
applications and in the area of
exempted development. However, all
areas of planning law have been
updated to some extent by the new
regulations. The following deals with
some of the provisions dealing with
exempted developments and with the
procedures for the making and
processing of applications.
Exempted Development
The Planning Acts and Regulations
specify certain types of development
which are classified as exempted
developments and, as such, not
subject to control under the Acts.
These exemptions have been modified
to a significant degree by the new
regulations.
Exempted development within the
curtilage of a dwelling house
A dwelling may be extended by an
area of 23sq metres to the rear but the
regulations now clarify that this
relates to the original floor area.
Therefore, a dwelling may be
extended by this amount on one
occasion only and smaller extensions,
not exceeding this limit, will be
aggregated to determine whether the
limit has been exceeded.
Any extension to the side or front of a
Michael O 'Donnell
dwelling may not exceed 2sq metres.
However it is permissible to construct
a garage or other similar structure to
the side of a dwelling and thereafter
convert it for use as part of the
dwelling, thereby circumventing the
limitation contained in this provision.
The construction of a conservatory at
the rear of the dwelling will now be
considered an extension to the original
floor area. Extensions will not be
exempted where they exceed the
height of the eaves or parapet. This
replaces the earlier restriction which
provided that extensions could not
exceed the "height of the house". This
new provision is ambiguous. The
word "eaves" is not defined in any
planning legislation. Conversion of
buildings within the curtilage of the
dwelling, for use as part of the
dwelling, will not be subject to this
height restriction. No extension is
exempt where the area of the back
garden is thereby reduced to less than
25sq metres.
Certain buildings erected within the
curtilage of the dwelling which are
incidental to the enjoyment of the
dwelling retain their exempted status.
However, all such buildings must now
be constructed in line with or to the
rear of the front wall of the dwelling
and will not be exempt where they
reduce the private open space at the
rear of the dwelling to less than 25sq
metres, or themselves exceed a floor
area of 25sq metres. These restrictions
were not previously applied to such
buildings. If these buildings are to the
rear or to the side of the dwelling,
they may be converted for use as part
of the dwelling. In all cases of
conversions or extensions the original
floor area may not be exceeded by an
area greater than 23sq metres. The
finishes of all such buildings are now
required to match those of the house.
It is no longer permissible to use such
buildings for the keeping of horses,
ponies or pigeons, however, donkeys
are not specifically mentioned. Thus
pigeon lofts will no longer be
exempted from planning control. The
provisions relating to television
aerials, boundary walls, gateways and
landscaping have all been modified to
some extent.
The position of dwellings in which a
bed and breakfast business is carried
out has now been clarified. The use of
a dwelling for such an activity will not
require planning permission; provided
that not more than four bedrooms in
the house are devoted to this use, and
that the use does not contravene a
condition, and is not inconsistent with
a use, specified or included in the
permission. It would appear then that
if, during the course of the
application, an undertaking was given
not to use the premises for such a
purpose, the exemption will not apply.
The foregoing and other exemptions
are subjected to the restrictions listed
in Article 10 of the Regulations.
Commercial Development
Under the 1977 regulations it was
permissible to change a shop for use
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