Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984

JurisdictionIreland
CitationIR SI 348/1984
Year1984

S.I. No. 348 of 1984.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (EXEMPTED DEVELOPMENT AND AMENDMENT) REGULATIONS, 1984.

The Minister for the Environment, in exercise of the powers conferred on him by sections 4 and 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) and by section 25 of that Act as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976), and by section 5 of the Local Government (Planning and Development) Act, 1976 , hereby makes the following Regulations:—

PART IPRELIMINARY AND GENERAL

1. (1) These Regulations may be cited as the Local government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984.

(2) The collective citation "the Local Government (Planning and Development) Regulations, 1977 to 1984" shall include these Regulations.

2. These Regulations shall come into operation as follows:—

( a ) Parts I and II shall come into operation on the 1st day of January, 1985,

( b ) Parts III and IV shall come into operation on the 1st day of February, 1985.

3. In these Regulations—

"habitable house" means a building or part of a building which—

( a ) is used as a dwelling,

( b ) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling, or

( c ) was provided for use as a dwelling but has not been occupied;

"the Minister" means the Minister for the Environment;

"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 );

"the 1983 Regulations" means the Local Government (Planning and Development) (Fees and Amendment) Regulations, 1983 ( S.I. No. 30 of 1983 ).

PART IIEXEMPTED DEVELOPMENT — GENERAL

4. The 1977 Regulations are hereby amended by the insertion after class 31(c) in columns 1 and 2 of Part I of the Third Schedule of the following matter—

Column 1

Description of Development

Column 2

Conditions

"(d) the carrying out of development in compliance with a notice under section 12 of the Local Government (Water Pollution) Act, 1977 .".

5. The 1977 Regulations are hereby amended by the deletion of class 36 specified in column 1 of Part 1 of the Third Schedule and the substitution therefor of the following matter—

Column 1

Description of Development

Column 2

Conditions

"Class 36

The demolition of a building or other structure, other than a habitable house.".

6. The 1977 Regulations are hereby amended by the insertion after class 36 in columns 1 and 2 of Part 1 of the third Schedule of the following matter—

Column 1

Description of Development

Column 2

Conditions

"Land Reclamation Class 37 Development consisting of the carrying out on land which is used only for the purpose of agriculture or forestry, of any of the following works—

(a) field drainage,

(b) land reclamation,

(c) the construction and improvement of watercourses,

(d) the removal of unnecessary fences,

(e) the construction of new fences, and the improvement of existing ones,

(f) the improvement of hill grazing, and

(g) the reclamation of estuarine marsh land and of callows.".

PART IIIEXEMPTED DEVELOPMENT — AGRICULTURAL STRUCTURES

7. The 1977 Regulations are hereby amended by the deletion of classes 7, 8 and 9 specified in column 1 of Part III of the Third Schedule and of the conditions specified in column 2 of the said Part opposite the mention of the said classes and the substitution therefor of the following matter—

Column 1

Description of Development

Column 2

Conditions

"Agricultural Structures

1. No such structure shall be used for any purpose other than the purpose of agriculture.

Class 7

Works consisting of the provision of a roofed structure for the housing of pigs, cattle, sheep, poultry, donkeys or horses, having a floor area not exceeding 300 square metres (whether or not by extension of an existing structure) and any ancillary provision for effluent storage.

2. The total area of such structure together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 450 square metres floor area in aggregate.

3. No such structure shall be situated within 10 metres of any public road the metalled part of which at the nearest...

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