Aindrias Moynihan (Cork North West, Fianna Fail)
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334. To ask the Minister for Housing, Planning, and Local Government the number of planning permission exemptions changes made to the planning and development regulations over the past ten years; the number of requests from local authorities to change exemptions in that time; his plans for changing exemptions; and if he will make a statement on the matter. [10334/21]

Peter Burke (Longford-Westmeath, Fine Gael)
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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.

Articles 6, 7, 8 and 10 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.

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.

The exemptions provided for in the Regulations are kept under regular review. Over the past ten years, 14 sets of Regulations have been made which amend the exempted development provisions set out in the Regulations, all of which are available on the Irish Statute Book website (www.irishstatutebook.ie/):

S.I. 454 of 2011 - Planning and Development (Amendment) (No. 2) Regulations 2011;

S.I. 464 of 2011 - European Communities (Amendment to Planning and Development Regulations) Regulations 2011;

S.I. 584 of 2011 - European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011;

S.I. 219 of 2013 - Planning and Development (Amendment) Regulations 2013;

S.I. 582 of 2015 - Planning and Development (Amendment) (No. 4) Regulations 2015;

S.I. 29 of 2018 - Planning and Development (Amendment) Regulations 2018;

S.I. 30 of 2018 - Planning and Development (Amendment) (No. 2) Regulations 2018;

S.I. 31 of 2018 - Planning and Development (Amendment) (No. 3) Regulations 2018;

S.I. 12 of 2019 - Planning and Development Act 2000 (Exempted Development) Regulations 2019;

S.I. 235 of 2019 - Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2019;

S.I. 45 of 2020 - Planning and Development Act 2000 (Exempted Development) Regulations 2020;

S.I. 46 of 2020 - Planning and Development (Amendment) Regulations 2020;

S.I. 92 of 2020 - Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2020;

S.I. 293 of 2020 - Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2020.

I am not aware of any requests from local authorities to amend the exempted development provisions. The exemptions are primarily amended on foot of a review by my Department or following engagement with another Government Department, or relevant stakeholder/state body, regarding matters of policy and where changes to exempt development regulations are proposed, communication with the Local Government sector is coordinated through the LGMA and CCMA as appropriate.

My Department currently has two further sets of exempted development regulations going through the Oireachtas approval process, relating to electric vehicle charging points and school extensions, both of which have been laid in draft before both Houses. My Department is currently drafting a further set of exempted development Regulations which it is intended will be shortly brought forward in relation to solar panels.

In line with the requirements of section 262(4) of the Act, amendments to exempted development regulations require the approval of both houses of the Oireachtas before they can be signed into law. My Department will continue to keep the exemptions under review and bring forward amendments as required.