Section 5 Planning Application

Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law (Planning and Development Act, 2000 (as amended) and the Planning and Development Regulations 2001 (as amended)).

The purpose of exemptions is to avoid controls on developments of a minor nature, such as a small extension to a house. Reference must be made to the legislation to ensure that the development falls within the exemption thresholds/limits. If the particular development exceeds the thresholds/limits listed, the development requires permission.

If you are considering carry out works to your property and you are unsure if the works require planning permission MOL Engineers can advise you by checking that the design of the works complies with thresholds/limits listed in the exempted development regulations.

In certain circumstance it may not be possible to determine definitively whether the works are exempt because the thresholds/limits listed in the Exempted Development Regulations do not address the specific details of the works.

Under Section 5 of the Planning and Development Act, 2000 (as amended), a person can seek a formal declaration from the planning authority to establish if there is a requirement for planning permission for a specific proposal.

MOL Engineers can prepare the application form, drawing and supplementary information such as photos that will be required by the Planning Authority to determine if planning permission is required for your project. If planning permission is not required the Planning Authority will issue a Section 5 Declaration confirming this.