All development requires planning permission unless it is an exempted development. All exempted developments are listed in the Planning and Development Regulations 2001, as amended. Most of the exemptions contain certain conditions and limitations. If the terms of conditions and limitations cannot be complied with, the development cannot be considered an exempted development.
Section 5 Referral or Exemption Declaration
If a question arises as to whether or not a development is or is not exempted development, a person may apply to the planning authority for a declaration on the question. This is known as a section 5 referral or an Exemption Declaration.
In order to apply for a section 5 referral it is necessary for the applicant to submit, application form, fee of €80.00, location map, drawings of the proposed development in question, full details and description of the proposed development.
The planning authority shall issue the declaration, within 4 weeks of the receipt of the request.
The planning authority may require further information to be submitted to enable the authority to issue the declaration. In this regard, a declaration shall issue within three weeks of the receipt of this further information.
Certificate of Exemption (Social & Affordable Housing)
An application for an Exemption Certificate (Section 97) should be completed for certain small residential developments which are excluded from the social and affordable housing provisions.
Under Part V, Section 96 of the Planning and Development Act 2000 as amended, all residential developments on residential zoned lands or zoned lands where residential use is a pre-dominant use e.g. mixed use zoning, are required to provide social and affordable housing.
Under Section 97 of the Act, a person may, before applying for permission in respect of development consisting of
(a) the provision of 4 or fewer houses, or
(b) for housing on land of 0.1 hectares or less,
you should apply to the Planning Authority concerned for a certificate stating that Section 96 shall not apply to a grant of permission in respect of the development concerned and accordingly where the Planning Authority grants a certificate under Section 97, Section 96 shall not apply to a grant of permission in respect of the development concerned.