Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Under the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.

Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations.

Class 1 of Part 1 of Schedule 2 of the Regulations, sets out the planning exemption provisions for house extensions, referred to as "development within the curtilage of a house", as follows:

“The extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house.”.

The use of the exemption is available to all houses whether occupied, vacant or derelict. However, the exemption is subject to a range of conditions and limitations set out in further detail in Class 1, which include factors such as:

- the size of the proposed extension, subject to specified limits;

- whether the house in question is terraced, semi-detached or detached;

- whether the house has previously availed of the planning exemption;

- how much of the proposed development is at ground level or above ground level;

- impacts on the area of private open space within the curtilage of the house;

- the proximity of the proposed extension, including windows, to adjoining boundaries etc.

Any development of this nature which falls outside of the Class 1 exemption and the conditions and limitations attached to it are subject to planning permission.

There is a balance, in providing for exemptions from planning permission, between streamlining the consent process for minor works and supporting proper planning and sustainable development, including the need to ensure adequate third party participation rights. The exemptions provided for in the Regulations are kept under regular review and I have no plans to amend the Class 1 exemption provisions in this regard at this time.