Written answers

Tuesday, 17 October 2017

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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615. To ask the Minister for Housing, Planning, and Local Government if the limits of the exempted development area for roof mounted solar panels, including photovoltaics, will be raised in order to increase Ireland's response to climate change mitigation; and if he will make a statement on the matter. [43847/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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Under the Planning and Development Act 2000, as amended, 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, 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.

With regard to exemptions for solar panels, Class 2 of Part 1 of Schedule 2 of the Regulations provides an exemption for "the installation or erection of a solar panel on, or within the curtilage of a house or any buildings within the curtilage of a house", subject to certain siting and size conditions.

Class 56 of Part 1 of Schedule 2 of the Regulations provides an exemption for "the installation or erection on or within the curtilage of an industrial building, or any ancillary buildings within the curtilage of an industrial building, of solar panels (thermal collector or photo- voltaic)", subject to specific conditions.

Furthermore, Class 18 of Part 3 of Schedule 2 of the Regulations provides an exemption for "the installation or erection on an agricultural structure, or within the curtilage of an agricultural holding, of solar panels (thermal collector or photo-voltaic)", again subject to a number of conditions. 

Exemptions from the requirement to obtain planning permission in respect of specific forms of development are provided for, when they are considered to be consistent with proper planning and sustainable development.

These exemptions provided for in the Planning and Development Regulations are kept under regular review, in consultation with the Department of Communications, Climate Action and the Environment.

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