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GAZETTE
JULY 1994
as a restaurant without planning
permission. The position has now
been changed following the alteration
of the definition of a shop under
Article 8 of the 1994 Regulations.
This revised definition specifically
excludes the use of a shop as a
restaurant or funeral home, or for the
sale of hot food for consumption off
the premises. The use of such areas
for the provision of services to
visiting members of the public is also
specifically excluded. However, the
sale of sandwiches or other cold food
for consumption off the premises falls
with the revised definition. Whether
there is in fact a contravention of the
relevant provision is quite literally a
matter of degree.
This change is likely to have a major
impact on those who acquired
property with an established retail use
in the expectation that it could
automatically be used for some of the
uses indicated above. They may now
find that planning permission will be
required for such a change and there is
no guarantee that such permission will
be forthcoming.
However, restaurants developed by
the State within national parks will be
exempted development.
Amenity and Recreational
Development
Under the 1977 regulations the laying
out and use of land for sport and
recreation was generally exempted
development. This provision has been
amended so that as and from May 16,
1994 the development of golf and
pitch and putt courses will now
require planning permission.
Similarly, lands to be developed for
motor vehicle, aircraft or firearms
sports will also be subject to planning
control.
The development of lands for use as
burial grounds will no longer be
exempt from planning control.
Agricultural Buildings
The broad exemptions which were
present in the former regulations re-
lating to agricultural buildings continue
in force and have remained essentially
unchanged in the new regulations. The
range of animals to which such
buildings apply have been extended to
include goats, deer and rabbits.
It is now exempted development to
erect a roofed structure for the
keeping of horses and ponies, if the
floor area does not exceed 1 OOsq
metres, and structures for the keeping
of greyhounds where the area does not
exceed 50sq metres. These latter
exemptions were necessary as horses
and greyhounds are not usually kept
for the purposes of agriculture and
therefore buildings housing such
animals were not exempted under the
agricultural exemptions.
Environmental Protection Agency
It has always been the case that
developments which are subject to an
environmental impact assessment will
not be an exempted development. The
regulations restate this principle and
provide in addition that developments
subject to the Environmental
Protection Agency will not be
exempted development. This would
appear to link inextricably the
planning and environmental control
procedures, particularly as
developments subject to the
Environmental Protection Agency will
in addition require an environmental
impact statement.
Restrictions on Exemptions
Article 10 places restrictions on the
exemptions contained in the
regulations. This has been modified in
a number of areas. The provision
dealing with traffic safety has been
broadened so that any development
which endangers public safety, or
obstructs road users, will not be
exempted under the regulations. The
restriction on exemptions for
developments on views or prospects
specified in a development plan for
preservation has also been extended.
Developments which "interfere with"
such views will not be exempt
whereas under the former provision
they had to "restrict" such views.
The restrictions relating to buildings
or structures listed for preservation in
the development plan or draft
development plan have been
i rationalised and extended.
Any extension, alteration or demolition
of a building which conflicts with an
objective of the development plan has
now lost its status as an exempted
development. There are new
restrictions on the types of
advertisements that may be exhibited
on such buildings or structures and the
erection of satellite dishes on such
structures will not be exempted
(however, satellite dishes erected on
dwelling houses which are not listed
are exempt, provided that the diameter
of the dish is less than one metre).
Article 12 is a saver for development
commenced before 16 May 1994. If
such development was exempted
under a provision revoked by the new
regulations it will, if commenced
before May 16, continue to be
exempted development.
Planning Applications
Part IV of the 1994 Regulations
contains the procedural requirements
for the making and processing of
planning applications. These are now
significantly different from those
which pertained under the previous
regulations.
Planning authorities now have a duty
to examine whether an application
complies with the regulations, and
the power to reject applications in
which significant non-compliance is
evident.
There are now additional requirements
as to what a planning application must
contain, including the name and
address of the applicant's agent, the
applicant's address for
correspondence, the name of the owner
(where the applicant is not the owner)
and a location map showing the lands.
This information was often submitted
with an application in the past, but
submission is now mandatory, and if
an applicant fails to comply the
application will be deemed invalid.
Planning authorities now have a duty
to examine whether an application
complies with the regulations, and the
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