S.I. No. 348/1984 -- Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984.

S.I. No. 348/1984 -- Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984. 1984 348

S.I. No. 348/1984:

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (EXEMPTED DEVELOPMENT AND AMENDMENT) REGULATIONS, 1984.

The Minister for the Environment, in exercise of the powers conferred on him by sections 4 and 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) and by section 25 of that Act as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976), and by section 5 of the Local Government (Planning and Development) Act, 1976 , hereby makes the following Regulations:--

PART I PRELIMINARY AND GENERAL

1. (1) These Regulations may be cited as the Local government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984.

(2) The collective citation "the Local Government (Planning and Development) Regulations, 1977 to 1984" shall include these Regulations.

2. These Regulations shall come into operation as follows:--

( a ) Parts I and II shall come into operation on the 1st day of January, 1985,

( b ) Parts III and IV shall come into operation on the 1st day of February, 1985.

3. In these Regulations--

"habitable house" means a building or part of a building which--

( a ) is used as a dwelling,

( b ) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling, or

( c ) was provided for use as a dwelling but has not been occupied;

"the Minister" means the Minister for the Environment;

"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 );

"the 1983 Regulations" means the Local Government (Planning and Development) (Fees and Amendment) Regulations, 1983 ( S.I. No. 30 of 1983 ).

PART II EXEMPTED DEVELOPMENT -- GENERAL

4. The 1977 Regulations are hereby amended by the insertion after class 31(c) in columns 1 and 2 of Part I of the Third Schedule of the following matter--

Column 1

Description of Development

Column 2

Conditions

"(d) the carrying out of development in compliance with a notice under section 12 of the Local Government (Water Pollution) Act, 1977 .".

5. The 1977 Regulations are hereby amended by the deletion of class 36 specified in column 1 of Part 1 of the Third Schedule and the substitution therefor of the following matter--

Column 1

Description of Development

Column 2

Conditions

"Class 36

The demolition of a building or other structure, other than a habitable house.".

6. The 1977 Regulations are hereby amended by the insertion after class 36 in columns 1 and 2 of Part 1 of the third Schedule of the following matter--

Column 1

Description of Development

Column 2

Conditions

"Land Reclamation Class 37 Development consisting of the carrying out on land which is used only for the purpose of agriculture or forestry, of any of the following works--

(a) field drainage,

(b) land reclamation,

(d) the removal of unnecessary fences,

(e) the construction of new fences, and the improvement of existing ones,

(f) the improvement of hill grazing, and

(g) the reclamation of estuarine marsh land and of callows.".

PART III EXEMPTED DEVELOPMENT -- AGRICULTURAL STRUCTURES

7. The 1977 Regulations are hereby amended by the deletion of classes 7, 8 and 9 specified in column 1 of Part III of the Third Schedule and of the conditions specified in column 2 of the said Part opposite the mention of the said classes and the substitution therefor of the following matter--

Column 1 Description of Development	Column 2 Conditions
"Agricultural Structures	1. No such structure shall be used for any purpose other than the purpose of agriculture.
Class 7 Works consisting of the provision of a roofed structure for the housing of pigs, cattle, sheep, poultry, donkeys or horses, having a floor area not exceeding 300 square metres (whether or not by extension of an existing structure) and any ancillary provision for effluent storage.	2. The total area of such structure together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 450 square metres floor area in aggregate.
	3. No such structure shall be situated within 10 metres of any public road the metalled part of which at the nearest point is more than 3 metres in width.
	4. No such structure within 100 metres of any public road shall exceed 8 metres in height above ground level.
	5. No such structure shall be situated and no effluent from such structure shall be stored, within 100 metres of any dwelling house or school, church or building used for public assembly, save with the consent of the owner and occupier thereof.
	6. Effluent storage facilities adequate to serve the structure having regard to its size, use, location and the need to avoid water pollution shall be provided.
Class 8 Works consisting of the provision of roofless cubicles, open loose yards, self-feed silo or silage areas, feeding aprons, assembly yards, milking parlours, sheep dipping units, effluent storage or structures for the making or storage of silage, or any other structures of a similar character or description, having an aggregate floor area not exceeding 300 square metres, and any ancillary provision for effluent storage.	1. No such structure shall be used for any purpose other than the purpose of agriculture. 2. The total area of such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 450 square metres floor area in aggregate.
	3. No such structure shall be situated within 10 metres of any public road the metalled part of which at the nearest point is more than 3 metres in width.
	4. No such structure within 100 metres of any public road shall exceed 8 metres in height above ground level.
	5. No such structure shall be situated, or no effluent from such structure shall be stored, within 100 metres of any dwelling house or school, church or building used for public assembly, save with the consent of the owner and occupier thereof.
.	6. Effluent storage facilities adequate to serve the structure having regard to its size, use, location and the need to avoid water pollution shall be provided.
Class 9 Works consisting of the provision of any store, barn, shed, glass-house or other structure, not being of a type specified in class 7 or 8 of this Part of this Schedule, and having a floor area not exceeding 300 square metres.	1. No such structure shall be used for any purpose other than the purpose of agriculture or forestry, but excluding the housing of animals or the storing of effluent.
	2. The total area of such structures together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 900 square metres floor area in aggregate.
	3. No such structure shall be situated within 10 metres of any public road the metalled part of which at the nearest point is more than 3 metres in width.
	4. No such structure within 100 metres of any public road shall exceed 8 metres in height above ground level.
	5. No such structure shall be situated within 100 metres of any dwelling house or school, church or building used for public assembly, save with the consent of the owner and occupier thereof."

PART IV MISCELLANEOUS AMENDMENTS

8. The 1977 Regulations are hereby amended by the substitution for article 13A (inserted by article 25 of the 1983 Regulations) of the following article:

"13A. Notwithstanding any other provision of these Regulations, an outline application may not be made in respect of the retention on land of any structure or the continuance of any use of any structure or other land.".

9. The 1977 Regulations are hereby amended by the substitution for article 19A (inserted by article 26 of the 1983 Regulations) of the following article:

"19A. (1) A planning application shall state whether the application is for a permission, an outline permission or an approval and shall, in addition to the matters prescribed in articles 17, 18 and 19, be accompanied by the following particulars--

( a ) a statement of the area of the land to which the application relates, and

( b ) where the application relates to a building or buildings--

(i) a statement of the number of dwellings (if any) to be provided, and

(ii) except in the case of an outline application for a single dwellinghouse or a number of such houses, a statement of the gross floor space of the building or buildings.

(2) In this article, "gross floor space" means the area ascertained by the internal measurement of the floor space on each floor of a building or buildings (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to development to which the application primarily relates.".

10. The 1977 Regulations are hereby amended by the insertion in article 25 of the following paragraph after paragraph (e):

"(f) where it appears to the planning authority that the development might give rise to appreciable discharges of polluting matter to waters or be likely to cause serious water pollution or the danger of such pollution -- to the appropriate Regional Fisheries Board.".

11. The 1977 Regulations are hereby amended by--

( a ) the deletion of the word "and" from paragraph (g) of article 65, and

( b ) the addition to article 65 of the following paragraphs--

"(i) An Post -- The Post Office,

(j) Bord Telecom Éireann -- The Irish Telecommunications Board.".

GIVEN under the Official Seal of the Minister for the Environment this 19th

day of December, 1984.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations amend the Local Government (Planning and Development) Regulations, 1977 in relation to certain classes of development which are exempted from the requirement to obtain planning permission and in relation to certain requirements to be observed in the making of planning applications. Provision is also made for the giving of notice of certain planning applications to Regional Fisheries Boards and for the declaration of certain bodies as public authorities for the purposes of section 5 of the Local Government (Planning and Development) Act 1976 .

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S.I. No. 348/1984 -- Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984.