Written answers
Wednesday, 19 February 2025
Department of Housing, Planning, and Local Government
Energy Conservation
Paul Murphy (Dublin South West, Solidarity)
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115. To ask the Minister for Housing, Planning, and Local Government if his Department is planning to exempt external wall insulation from planning permission, like it did with solar panels, to reduce the uncertainty and barriers to homeowners who want to get their homes insulated, a necessary step towards reducing household emissions and radically reducing home energy costs; and if he will make a statement on the matter. [6481/25]
James Browne (Wexford, Fianna Fail)
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Under the Planning and Development Act 2000, as amended (the 2000 Act), all development, unless specifically exempted under the Act or associated Planning and Development Regulations 2001, as amended (2001 Regulations), requires planning permission.
Section 4 (1) (h) of the 2000 Act provides that “development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures;” are exempt for the requirement of planning permission.
Section 5(1) of the 2000 Act, provides that “if any question arises as to what, in any particular case, is or is not development or is or is not exempted development within the meaning of this Act, any person may, on payment of the prescribed fee, request in writing from the relevant planning authority a declaration on that question, and that person shall provide to the planning authority any information necessary to enable the authority to make its decision on the matter.”
Whether the application of external wall insulation requires planning permission is therefore dependent on a number of factors, as outlined under section 4 (1) (h) of the 2000 Act. The relevant planning authority, can direct a property owner as to whether planning permission is required, as outlined under section 5(1) of the 2000 Act, and if so, assess each application on a case-by-case basis. A decision can be made to grant the permission, subject to or without conditions, or to refuse permission. In making its decision, the planning authority shall have regard to the proper planning and sustainable development of the area.
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.
My Department is currently in the process of preparing updated regulations to accompany the Planning and Development Act 2024 (the 2024 Act). This will include updated Planning and Development (Exempted Development) Regulations.
Prior to drafting these specific regulations, the Department will shortly engage with other Government Departments, and bodies under their aegis, to provide input on any policy issues such as energy policy that need to be considered whilst drafting the updated regulations as appropriate. Following this, a public consultation will be held in due course in 2025 on exempted development with the basis for such consultation being the provisions currently contained within Schedule 2 of the 2001 Regulations.
Once these consultations are finished, draft regulations will be prepared and will be laid before the Oireachtas. Exempted Development Regulations will require positive resolutions from both Houses of the Oireachtas and the commencement of the relevant sections of the 2024 Act before they can become law.
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