Planning and Development Act 2024
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Exempted development | ||
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9. (1) Subject to subsections (3), (4), (6) and (7) the Minister may by regulations provide that development belonging to any class of development (including development commenced on or after the coming into operation of this section that would, but for the repeal of section 4 of the Act of 2000, be exempted development within the meaning of that Act) prescribed by the regulations is exempted development for the purposes of this Act where— | ||
(a) he or she is of the opinion that, by reason of the size, nature or limited effect on its surroundings, of development belonging to that class, the carrying out of such development would not offend against principles of proper planning and sustainable development or maritime spatial planning, or | ||
(b) he or she is satisfied that— | ||
(i) such development or development of such class is authorised or permitted, or required to be authorised or permitted, by or under any enactment in accordance with a licence, consent, approval or other type of authorisation or permission (howsoever described), and | ||
(ii) consultation with members of the public in relation to such development or development of such class is, in accordance with any enactment, required before the development may be so authorised or permitted. | ||
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide that— | ||
(a) development of such class as is specified in the regulations, | ||
(b) development of such class as is specified in the regulations situated in such place or area as is so specified, | ||
(c) development of such class as is specified in the regulations that is compliant with such conditions as are so specified, | ||
(d) the change (whether for a definite period or an indefinite period) in use of land or a maritime site, or any structure on land or a maritime site, of such class as is specified in the regulations to such use as is so specified, or | ||
(e) development of such class as is specified in the regulations carried out by such person, or persons belonging to such class, as is so specified, | ||
is exempted development for the purposes of this Act. | ||
(3) Development shall not be exempted development for the purposes of this Act if an environmental impact assessment or an appropriate assessment of the development is required. | ||
(4) Development (other than development that is exempted development by virtue of subsection (1) or (2) of section 152 ) shall not be exempted development for the purposes of this Act if— | ||
(a) in the case of a protected structure or a proposed protected structure, it materially affects or would materially affect the character of— | ||
(i) the structure, or | ||
(ii) any element of the structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, | ||
(b) it is situated, or proposed to be situated, in an area of special planning control and it contravenes or would, if carried out, contravene a special planning control scheme applying to that area, or | ||
(c) in the case of development carried out or proposed to be carried out to the exterior of a structure situated in an architectural conservation area, it materially affects or would, if carried out, materially affect the character of that area. | ||
(5) Development shall not be exempted development for the purposes of this Act if it consists of any works to, or change in use of, an unauthorised development. | ||
(6) Notwithstanding subsection (3), the Minister may make regulations prescribing development or any class of development, in respect of which an appropriate assessment or an environmental impact assessment is required, to be exempted development if— | ||
(a) such development or development of such class is authorised or permitted, or required to be authorised or permitted, by or under any enactment (other than this Act) in accordance with a licence, consent, approval or other type of authorisation or permission (howsoever described), and | ||
(b) in accordance with any such enactment, an appropriate assessment or an environmental impact assessment of that development or development of that class is required to be carried out before the development may be so authorised or permitted. | ||
(7) Where the Minister proposes to make regulations under this section and considers that the proposed regulations are likely to affect the performance by a State authority of its functions, he or she shall, before making the regulations, consult with that State authority in relation to the proposed regulations. | ||
(8) Development carried out or commenced before the commencement of this section that was exempted development for the purposes of the Act of 2000 shall be exempted development for the purposes of this Act. | ||
(9) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act. | ||
(10) Development to which— | ||
(a) a declaration under subsection (4) or (4A) of section 181B of the Act of 2000 applies, or | ||
(b) a declaration under subparagraph (i) of paragraph (ba) of subsection (2A) of section 181 of the Act of 2000 applies, | ||
shall be exempted development for the purposes of this Act. |