Exempted Development (Section 5)
All development of land or property requires planning permission, unless it is classed as exempt.
Exempted Development is development for which planning permission is not required.
Categories of exempted development are set out 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 - Exempted Development - FAQ's.
Exempted Development is development for which planning permission is not required.
Categories of exempted development are set out 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 - Exempted Development - FAQ's.
However, if your property is in an Architectural Conservation Area, Special Amenity Area, or is a protected structure/listed building a Section 57 Declaration should be sought.
Section 5 Declaration
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.A person seeking a determination must ensure that a question is posed and is clear, for example, is the construction of a shed development and is it or is it not exempted development?
Details are then required of the shed so that the planning authority can determine if the shed is exempt. If the question is not clear to the planning authority, the Section 5 application will be returned as invalid. The application should be accompanied by all relevant site maps and include a fee of €80. The planner will then assess the application and make a decision within four weeks. If you wish to appeal a decision of Louth County Council on a planning application, the appeal is made directly to An Coimisiún Pleanála (ACP), the national independent statutory body for determining planning appeals. For the definitive and most up‑to‑date guidance (who can appeal, time limits, fees, and how to submit, including online), please see An Coimisiún Pleanála
Details are then required of the shed so that the planning authority can determine if the shed is exempt. If the question is not clear to the planning authority, the Section 5 application will be returned as invalid. The application should be accompanied by all relevant site maps and include a fee of €80. The planner will then assess the application and make a decision within four weeks. If you wish to appeal a decision of Louth County Council on a planning application, the appeal is made directly to An Coimisiún Pleanála (ACP), the national independent statutory body for determining planning appeals. For the definitive and most up‑to‑date guidance (who can appeal, time limits, fees, and how to submit, including online), please see An Coimisiún Pleanála
The purpose of a determination under a Section 5 declaration is to consider only if something is or is not development and whether it is or is not exempted development as per the planning legislation. No consideration is given to planning policies or other issues that may be considered as part of a normal planning application.
