Oireachtas Joint and Select Committees

Wednesday, 29 May 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2019: Minister for Housing, Planning and Local Government

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

----it is exempt from planning permission. I will just talk through the tiers, if I can. If one intends to let the home in those circumstances, it is exempt from the need to obtain planning permission but one will have to register with one's local authority.

If it is a second property, planning permission will be required after 1 July. One might think one has an established use, one might be looking for retention or one might be looking at a fresh planning application. It will depend. It will be a judgment call for the person who has the property. Then one will go into the planning system. The application process for permission allows for an appeal to the board as well. That will happen in some instances. Most people will understand that, as a result of this change in the law, they will not get planning permission in respect of a property in a rent pressure zone. They will then move to regularise their affairs if they have not already done so. Other people who seek to make a case or make an appeal will have the right to do so. We have asked local authorities to approach such cases with common sense. We are clear that if a local authority is already engaged in a planning enforcement issue, that is separate to this. It is important to be clear on that as well. There will be a process that will allow people to get clarity if they think they have a legitimate case. The planning authorities know what is going on here. If someone tries to extend the period of use of his or her second property for short-term letting even though he or she does not have a strong case, the planning authorities will be able to take measures. As the law relating to applications and appeals is not changing, such a person will be able to avail of it.

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