Darragh O'Brien (Dublin Fingal, Fianna Fail)
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All development proposals require planning permission unless they are specifically exempted under the Planning and Development Act 2000, as amended (the Act) or the supplementary Planning and Development Regulations, 2001, as amended. In addition, national planning policy, guidelines and legislation do not dictate the types of materials that must be used for housing, and accordingly there is no prohibition on the use of timber construction from a planning perspective subject to the overall proposal for planning permission being in accordance with national, regional and local planning policy. In addition, there are no restrictions under the planning code for any person to apply for planning permission in respect of modular/log cabin type accommodation.

When a person submits a planning application for a house (including modular housing or log cabins) under section 34 of the Act, irrespective of whether the proposed development is located in an urban or rural location, the planning authority, in making its decision, shall have regard to the proper planning and sustainable development of the area. It is a matter for the relevant planning authority to consider each application on a case-by-case basis and to decide to whether to grant the permission, subject to or without conditions, or to refuse permission.

Furthermore, a range of factors have to be taken into account in the assessment of proposals for housing (including modular housing or log cabins), including requirements for access, car parking, amenity space as well as separate services such as water, drainage and electricity. In addition, such proposals may also have implications for neighbouring properties and the visual amenity and character of the area which must also be taken into consideration in the determination of a planning application.

A number of development types are exempt from the requirement to obtain planning permission, including for the erection of detached structures within the curtilage of a house for the purpose of storage. However it is a specific condition and limitation attached to this particular exemption that such structures shall not be used for human habitation. Accordingly, a 'one size fits all' type planning exemption for such structures would not be appropriate or consistent with proper planning and sustainable development.

An application for planning permission also provides an opportunity for members of the public to make submissions or observations in respect of proposed development. The planning authority is required to have regard to any submissions or observations received on a planning application during the public participation process in accordance with section 34 of the Act. The planning authority shall makes its decision on a planning application within 8 weeks of receipt of the application in accordance with section 34(8) of the Act, except in instances where further information is required from the developer.

Where any party is unhappy with the decision of a planning authority in relation to an application for planning permission, the decision may be appealed to An Bord Pleanála within four weeks of the decision of the planning authority in accordance with section 37 of the Act.

In accordance with Section 34(13) of the Act, a person shall not be entitled solely by reason of a permission under section 34 of the Act to carry out any development. Where permission is granted for modular/log cabin type accommodation, the development must also comply with other legislative requirements such as the Building Regulations, including fire safety requirements and domestic waste water treatment requirements . In this regard, it is critical to ensure that products, systems, and ultimately buildings which are comprised of such products and systems, are designed, constructed, and certified, as fit for purpose, having regard to their intended end use.