S.I. No. 236/1964 -- Local Government (Planning and Development) Act, 1963 (Exempted Development) Regulations, 1964.
1964
236
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S.I. No. 236/1964:
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963 (EXEMPTED DEVELOPMENT) REGULATIONS, 1964.
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LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963 (EXEMPTED DEVELOPMENT) REGULATIONS, 1964.
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The Minister for Local Government 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), hereby makes the following Regulations :--
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1. These Regulations may be cited as the Local Government (Planning and Development) Act, 1963 (Exempted Development) Regulations, 1964.
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2. In these Regulations--
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" the Act " means the Local Government (Planning and Development) Act, 1963 ;
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" betting office " means premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931) ;
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" business premises " means any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons ;
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" excluded premises " means--
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(a) any premises used for purposes of a religious, educational, cultural, recreational or medical character,
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(b) any hotel, guest house, inn or public house, block of flats, club, boarding house or hostel, and
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(c) any structure which was designed for use as one or more separate dwellings, except such a structure which was used as business premises immediately before the appointed day or is so used with permission under section 26 of the act ;
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" funfair " includes an amusement arcade ;
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" illuminated " in relation to any advertisement, sign or other advertisement structure means illuminated internally or externally by artificial lighting, directly or by reflection, for the purpose of advertisement, announcement or direction ;
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" industrial building " means a structure (not being a shop, or a structure in or adjacent to and belonging to a quarry or mine) used for the carrying on of any industrial process ;
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" light industrial building " means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit ;
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" general industrial building " means an industrial building which is not a light industrial building or a special industrial building ;
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" special industrial building " means an industrial building used for one or more of the purposes specified in classes 5, 6, 7 and 8 in Part IV of the Schedule to these Regulations ;
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" industrial process " means any process which is carried on in the course of trade or business other than agriculture and which is for or incidental to the making of any article or part of an article, or the altering, repairing, ornamenting, finishing, cleaning, washing packing or canning, or adapting for sale, or breaking up or demolition of any article, including in particular the getting, dressing or treatment of minerals ;
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" article " means an article or substance of any description, including a vehicle, aircraft, ship or vessel ;
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" industrial undertaker " means a person by whom an industrial process is carried on and " industrial undertaking " shall be construed accordingly ;
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" minerals " includes all minerals and substances in or under land of a kind ordinarily worked by underground or by surface working for removal but does not include turf ;
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" the Minister " means the Minister for Local Government ;
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" motor vehicle " means any mechanically propelled vehicle for the purposes of the Road Traffic Act, 1961 (No. 24 of 1961) ;
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" office " includes a bank but does not include a post-office or betting office ;" painting " includes any application of colour ;
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" permission under the Act " includes a permission treated as a permission granted under section 26 of the act by virtue of section 92 of the act ;
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" repository " means a structure (excluding any land occupied therewith) where storage is the principal use and where no business is transacted other than business incidental to such storage ;
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" shop " means a structure used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail and includes a structure used for the purposes of a hairdresser, undertaker or ticket agency or for the reception of goods to be washed, cleaned or repaired, or for any other purpose appropriate to a shopping area, but does not include a structure used as a funfair, garage, petrol filling station, office, or hotel or premises (other than a restaurant) licensed for the sale of intoxicating liquor for consumption on the premises ;
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" wholesale warehouse " means a structure where business, principally of a wholesale nature, is transacted and goods are stored or displayed but only incidentally to the transaction of that business.
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3.--(1) Subject to sub-article (5) of this article, development of each class specified in column 1 of Part I of the Schedule to these Regulations shall be exempted development for the purposes of the Act, provided such development complies with the limitations specified in the said column 1 in relation to that class and with the conditions specified in column 2 of the said Part I opposite the mention of that class in the said column 1.
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(2) Subject to sub-article (5) of this article, development consisting of the use of a structure or other land for the exhibition of advertisements of a class specified in column 1 of Part II of the Schedule to these Regulations shall be exempted development for the purposes of the Act provided that--
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(a) such development complies with the limitations specified in the said column 1 in relation to that class and with the conditions specified in column 2 of Part II of the said Schedule opposite the mention of that class in the said column 1, and
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(b) the structure or other land on which the advertisement is exhibited shall not be used for the exhibition of any advertisement other than an advertisement of a class which is specified in column 1 of Part II of the said Schedule and which complies with the limitations specified in the said column and the conditions specified in column 2 of the said Part II in relation to that class.
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(3) Subject to sub-article (5) of this article, development consisting of the erection of any advertisement structure for the exhibition of an advertisement of any one of the classes specified in column 1 of Part II of the Schedule to these Regulations shall be exempted development for the purposes of the Act provided that--
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(a) the area of such advertisement structure which is used for the exhibition of an advertisement does not exceed the area specified in a condition in column 2 of Part II of the said Schedule opposite the mention of that class in the said column 1, and
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(b) the advertisement structure is not used for the exhibition of advertisements other than advertisements of the class to which the exemption relates.
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(4) Subject to sub-article (5) of this article, in areas other than county boroughs, boroughs, urban districts and towns specified in the First Schedule to the Act , development of each class specified in column 1 of Part III of the Schedule to these Regulations shall be exempted development for the purposes of the Act provided that such development complies with the limitations specified in the said column 1 in relation to that class and with the conditions specified in column 2 of Part III of the said Schedule opposite the mention of that class in the said column 1.
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(5) Development to which sub-article (1), (2), (3) or (4) of this article relates shall not be exempted development for the purposes of the Act--
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(a) if the carrying out of such development would--
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(i) contravene a condition attached to a permission under the Act or be inconsistent with any use specified in a permission under the Act,
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(ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the metalled part of which is more than 12 feet in width,
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(iii) endanger public safety by reason of traffic hazard or any obstruction to the view of persons using any public road at or near any bend, corner, junction or intersection,
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(iv) contravene any building regulation made under section 86 of the Act or any byelaw in force under section 41 of the Public Health (Ireland) Act, 1878, in the area in which the land to which the development relates is situated,
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(v) comprise the erection, construction, extension or renewal of a building on any street so as to bring forward the building, or any part of the building, beyond the front wall of the building on either side thereof or beyond a line determined as the building line by a resolution of the planning authority for the area,
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(vi) consist of or comprise the carrying out under a public road of works other than a connection to a sewer or watermain,
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(vii) restrict a view or prospect of special amenity value or special interest the preservation of which is an objective of a development plan for the area which the development is proposed or, during the period prior to the making of a development plan for the said area, is declared by resolution of the planning authority for that area to be an objective which they propose to include in a development plan, or
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(viii) consist of or comprise the extension, alteration, repair or renewal of an unauthorised structure or a structure the use of which is an unauthorised use, or
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(b) in an area to which a special amenity area order relates by reference to that area being an area of special amenity by reason of its natural beauty, if such development would be development--
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(i) of class 1, 2, 12, 16 or 17 specified in column 1 of Part I of the Schedule to these Regulations,
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(ii) consisting of the use of a structure or other land for the exhibition of advertisements of class 4, 5, 8, 9, 13, 14 or 17 specified in column 1 of Part II of the said Schedule or the erection of an advertisement structure for the exhibition of any advertisement of any of the said classes, or
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(iii) of class 1, 4 or 5 specified in column 1 of Part III of the said Schedule.
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4.--(1) Development which consists of a change of use within any one of the classes of use specified in Part IV of the Schedule to these Regulations and which does not require the carrying out of any works, other than works which are exempted development, shall be exempted development for the purposes of the Act provided that the development, if carried out, would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
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(2) Where a group of contiguous or adjacent structures used as parts of a single undertaking includes industrial buildings used for purposes falling within two or more of the classes specified in Part IV of the Schedule to these Regulations as classes 3 to 8, inclusive, those particular two or more classes may, in relation to that group of structures and so long as the area occupied in that group by general or by special industrial buildings is not increased, be treated as a single class for the purposes of these Regulations.
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(3) A use which is ordinarily incidental to any use specified in Part IV of the Schedule to these Regulations is not excluded from that use as an incident thereto merely by reason of its being specified in the said Part of the said Schedule as a separate use.
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SCHEDULE
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PART I
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EXEMPTED DEVELOPMENT--GENERAL
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Column 1
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Column 2
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Description of development
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Conditions
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Development within the curtilage of a dwellinghouse.
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Class 1
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The extension of a dwellinghouse by any addition to the rear thereof provided that the original floor area is not exceeded by more than 120 square feet and that the height of the dwellinghouse is not exceeded.
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--
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Class 2
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The erection, construction or placing within the curtilage of a dwellinghouse of any greenhouse, garage, shed, or other structure or tent, awning, shade or other object (other than a pigsty, a poultry-house, or a wall or fence).
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1. The height above ground level of any such structure shall not exceed, in the case of a building with a tiled or slated ridged roof, 12 feet, or in any other case, 10 feet.
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2. The structure or object shall not be used for any purpose other than a purpose incidental to the enjoyment of the dwellinghouse as such.
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Class 3
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The erection of a wireless or television aerial on the roof of a dwellinghouse.
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The height of the aerial above the roof shall not exceed 20 feet.
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Class 4
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The erection, construction or alteration within or bounding the curtilage of a dwellinghouse of a gate, railing, wooden fence or a wall constructed of split blocks or other blocks with decorative finish but not of other concrete blocks or of mass concrete.
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1. The height above ground level of any such structure shall not exceed 6 feet or, in the case of a wall or fence within or bounding any garden or other space in front of a dwelling house, 4 feet.
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2. Every wall shall be capped.
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Class 5
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The construction of any path, drain or pond or the carrying out of any landscaping works within the curtilage of a dwellinghouse.
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The level of the ground shall not be altered by more than 3 feet above or below the level on the appointed day.
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Sundry minor works
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Class 6
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The erection, construction or alteration of any gate or the renewal or replacement of--
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1. The height of any such structure shall not exceed 4 feet above ground level or the height of the structure being renewed or replaced, whichever is the greater and in any event shall not exceed 6 feet above ground level.
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(i) any wall or fence (not being a hoarding or a sheet metal fence or a wall of concrete blocks or of mass concrete bounding a public road) or
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2. Every wall shall be capped.
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PART I--(continued)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 6--continued
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(ii) a wall constructed of split blocks or other blocks with decorative finish; or
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3. The external face of any stone or brick wall bounding a public road shall not be plastered or otherwise finished or rendered.
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(iii) a wall plastered or otherwise finished or rendered.
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Class 7
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An alteration consisting of the plastering or painting of any external part of any building or the demolition of any building, save where the preservation of such building is an objective of any development plant or, during the period prior to the making of a development plan, is declared by resolution of a planning authority to be an objective which they purpose to include in a development plan.
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Class 8
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The repair or improvement of any private street, road or way, being works carried out on land within the boundaries of the street, road or way.
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Class 9
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The construction of any private footpath or pavement.
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Changes of Use
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Class 10
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Development consisting of a change of use--
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(a) from use as a general or special industrial building to use as a light industrial building.
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(b) from use as a special industrial building to use as a general industrial building.
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--
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(c) from use as a fried fish shop, a shop for the sale of pet animals or birds, or a shop for the sale or display for sale of motor vehicles, to use as any other type of shop.
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PART I--(continued.)
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Column 1
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Column 2
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Description of development
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Conditions
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Temporary structures and uses
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Class 11
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Occasional use for social or recreational purposes of any school, hall, club, art gallery, museum, library, reading room, gymnasium or any structure normally used for public worship or religious instruction.
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Class 12
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The erection, construction or placing on land on, in, or under which or on land adjoining which development consisting of works (other than mining) is being or is about to be carried out in pursuance of a permission granted under Part IV of the Act or as exempted development, of structures, works, plant or machinery needed temporarily in connection with that development during the period in which it is being carried out.
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Such structures, works, plant or machinery shall be removed at the expiration of the period and the land shall be forthwith reinstated save to such extent as may be authorised or required by a permission under the Act.
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Class 13
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The placing or maintenance on a public road of any movable appliance licensed under section 89 of the Act.
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Class 14
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The use of premises as offices in connection with presidential, Dail or local elections or referenda.
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The use shall be discontinued after a period not exceeding 30 days.
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Class 15
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The keeping or storing of not more than one caravan or boat within the curtilage of a dwellinghouse.
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1. The caravan or boat shall not be used for the storage, display, advertisement or sale of goods or for the purposes of any business.
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2. No caravan shall be kept or stored for more than nine months in any year or occupied as a dwelling while so kept or stored.
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Development for Industrial Purposes
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Class 16
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Development of the following descriptions, carried out by any industrial undertaker on land occupied and used by such undertaker for the carrying on and for the purposes of any industrial process, or on land used as a dock, harbour or quay
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PART I--(continued)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 16--continued
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for the purposes of any industrial undertaking, provided that such development does not materially alter the external appearance of the premises of the undertaking--
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(i) the provision, rearrangement, replacement, or maintenance of private ways or private railways, sidings or conveyors,
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(ii) the provision, rearrangement or maintenance of sewers, mains, pipes, cables, or other apparatus,
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(iii) the installation or erection by way of addition or replacement of plant or machinery, or structures of the nature of plant or machinery, not exceeding 50 feet in height or the height of the plant, machinery or structure so replaced, whichever is the greater.
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Class 17
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Storage within the curtilage of an industrial building of raw materials, products, packing materials or fuel, or the deposit of waste, so as not to be visible from any public road contiguous or adjacent to the curtilage.
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Development by statutory undertakers
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Class 18
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The carrying out by any railway undertaking or development required in connection with the movement of traffic by rail in, on, over or under the operational land of the undertaking except--
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(i) the construction or erection of any railway station or bridge, or of any residential structure, office, or structure to be used for manufacturing or repairing work, which is not situate wholly within the interior of a railway station, and
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(ii) the reconstruction or alteration of any of the aforementioned structures so as materially to affect the design or external appearance thereof.
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PART I--(continued.)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 19
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The carrying out by any harbour authority of development being--
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(i) works authorised by a harbour works order in pursuance of section 134 of the Harbours Act, 1946 , which consist of the construction, reconstruction, extension or removal of docks, graving docks, quays, wharves, jetties, piers, embankments, breakwaters, roads, viaducts, tramways, railways, aerodromes, (but not the construction and erection of sheds, transit sheds, transhipment sheds, silos, stores and other structures or the reconstruction or alteration of such excepted structures os as materially to affect the design or external appearance thereof), or
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(ii) the cleaning, scouring, deepening, improving or dredging of their harbour or the approaches thereto or the removal of any obstruction within the limits of their harbour, and the use of land for the disposal of dredged material in accordance with an objective in the development plan for the area in which the land is situated.
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Class 20
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The carrying out by any gas or electricity undertaking of development consisting of the laying underground of mains, pipes, cables, or other apparatus for the purposes of the undertaking.
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Development for amenity or recreational purposes
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Class 21
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Development consisting of the laying out and use of land--
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--
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(a) as a park, private open space or ornamental garden,
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(b) as a golf course,
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(c) for athletics or sports where no charge is made for admission of the public to the land.
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PART I--(continued)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 22
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The construction of a swimming pool (other than a covered swimming pool) in accordance with plans approved by a sanitary authority for the purposes of making a contribution under section 55 of the Local Government Act, 1955 .
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Miscellaneous
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Class 23
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Development consisting of the use of land for the placing or maintenance of tents, vans or other temporary or movable structures or objects in connection with any fair or any local event of a religious, cultural, political, recreational or sporting character.
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1. The land shall not be used for any such purposes either continuously for a period exceeding 15 days or occasionally for periods exceeding in aggregate 30 days in any year.
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2. On the discontinuance of such use the land shall be forthwith reinstated save to such extent as may be authorised by a permission granted under Part IV of the Act.
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Class 24
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The erection, placing or keeping on land of any lighthouse, beacon, buoy or other aid to navigation on water or in the air.
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Class 25
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Works incidental to the use or maintenance of any burial ground, churchyard, monument, fairgreen, market or schoolyard except--
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(a) the erection or construction of any wall, fence or gate bounding or abutting on a public road,
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(b) the erection or construction of any building other than a stall or store which is wholly enclosed within a market building or,
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--
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(c) the reconstruction or alteration of any building other than a stall or store which is wholly enclosed within a market building.
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Class 26
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Works consisting of or incidental to--
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(a) the clearance of a derelict site in accordance with any offer accepted or requirement made by any local authority in pursuance of section 2 or 3 of the Derelict Sites Act, 1961 ,
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--
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PART I--(continued)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 26 continued
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(b) the clearance of a derelict site in accordance with a plan or proposal approved by the Minister for the purpose of making a grant towards the cost of such works.
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(c) the carrying out of any works on land which are in accordance with and necessary for compliance with the terms of any licence granted under section 34 of the Local Government (Sanitary Services) Act, 1948 , but not including the erection of any building, hut or chalet or the construction of any road or hard-standing.
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(d) the removal of any structure or object or the carrying out of any works required by a planning authority under the provisions of any enactment.
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PART II
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EXEMPTED DEVELOPMENT--ADVERTISEMENTS
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Column 1
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Column 2
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Description of Development
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Conditions
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Class 1
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Advertisements for the purposes of announcement or direction or warning exhibited by a statutory undertaker in relation to the operation of their statutory undertaking.
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--
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Class 2
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Advertisements for the purposes of identification, direction or warning with respect to the land or structures on which they are exhibited.
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No such advertisement shall exceed 3 square feet in area.
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PART II--continued
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Column 1
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Column 2
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Description of development
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Conditions
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Class 3
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Advertisements, exhibited at the entrance to any premises, relating to any person, partnership or company separately carrying on a public service or a profession, business or trade at the premises.
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1. No such advertisement shall exceed 3 square feet in area.
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2. Not more than one such advertisement in respect of each such person, partnership or company shall be exhibited on the premises or, in the case of premises with entrances on different road frontages, one such advertisement at one entrance on each road frontage.
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Class 4
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Advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character, any hotel, inn or public house, block of flats, club, boarding house or hostel, situated on the land on which any such advertisement is exhibited.
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1. No such advertisement shall exceed 6 square feet in area.
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2. Not more than one such advertisement shall be exhibited in respect of each such premises or, in the case of premises with entrances on different road frontages, one such advertisement on each such frontage.
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Class 5
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Advertisements exhibited on or affixed to any external face of any hotel building wholly with reference to all or any of the following matters: the business or other activity carried on and the services provided in the hotel.
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1. No such advertisement shall project more than 3 feet from the face of the building to which it is affixed.
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2. Where any such advertisement projects more than 2 inches over any public road, the advertisement shall be not less than 7 feet over the level of such road.
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Class 6
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Advertisements relating to the sale or letting of any structure or other land (not being an advertisement structure) on which they are exhibited.
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1. No such advertisement shall exceed 6 square feet in area.
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2. No such advertisement shall be exhibited for more than seven days after the sale or lettering to which it relates.
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3. No advertisement structure on which such advertisement is exhibited shall remain on the structure or other land for more than seven days after the sale or letting to which the advertisement relates.
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PART II--(continued)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 7
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Advertisements relating to the sale on or before a date specified therein of goods or livestock, and exhibited on the land where such goods or livestock are situated or where such sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding sales of goods or livestock.
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1. No such advertisement shall exceed 6 square feet in area.
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2. No such advertisement shall be exhibited for more than seven days after the date specified.
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Class 8
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Advertisements relating to the carrying out of building or similar works on the land on which they are exhibited, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of carrying out such works.
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1. Where only one advertisement is exhibited, such advertisement shall not exceed 36 square feet in area or exceed a height of 20 feet above ground level.
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2. Where more than one advertisement is exhibited, no such advertisement shall exceed 6 square feet in area or a height of 12 feet above ground level and the total area of such advertisements shall not exceed 18 square feet.
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Class 9
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Advertisement other than advertisements specified in class 17 of this Parts of this Schedule announcing any local event of a religious, educational, cultural, political, social or recreational character, and advertisements relating to any temporary matter in connection with any local event of such a character, not in either case being an event promoted or carried on for commercial purposes.
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1. No such advertisement shall exceed 12 square feet in area.
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2. No such advertisement shall be exhibited more than 8 feet above ground level or be glued or pasted to any structure other than an advertisement structure.
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3. No such advertisement shall be exhibited for more than seven days after the conclusion of the event or matter to which it relates.
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Class 10
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Advertisements relating to any demonstration of agricultural methods or processes on the land on which the advertisements are exhibited.
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1. No such advertisement shall exceed 6 square feet in area.
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2. No such advertisement shall be exhibited for more than seven days after the date of the demonstration to which it relates.
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Class 11
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Advertisements (other than advertisements specified in class 12 of this Part of this Schedule) which are exhibited within a structure and to which there is access from inside the structure.
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--
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PART II--(continued)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 12
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Internally illuminated advertisements exhibited as part of any shop or other window display on business premises and advertisements affixed to the glass surface of a window of a business premises or exhibited through a window of such premises and not less than 6 inches from such window.
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The total area of any advertisements exhibited shall not exceed one-quarter of the area of the window through which the advertisements are exhibited.
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Class 13
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Advertisements (other than those specified in classes 3, 4, 11 and 12 of this Part of this Schedule) exhibited on business premises, wholly with reference to all or any of the following matters: the business or other activity carried on and the goods or services provided on those premises.
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1. No part of any such advertisement shall be more than 8 feet in height above ground level or, where such advertisement is exhibited on or attached or affixed to any building, 12 feet in height above ground level.
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2. No such advertisement shall contain or consists of any symbol, emblem, model or device exceeding 2 feet in height or any letter exceeding 1 foot in height.
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3. Where such advertisement projects more than 2 inches over any public road, the advertisement shall not be less than 7 feet over the level of such road nor project more than 3 feet over such road.
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4. The total area of such advertisements which are not exhibited on or attached or affixed to any building shall not exceed 30 square feet of which not more than 15 square feet shall consist of advertisements which are internally illuminated.
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5. The total area of such advertisements exhibited on or attached or affixed to the front of any building shall not exceed an area equal to 1 square foot for every foot length of such front less the total area of any such advertisements exhibited on the premises but not exhibited on or attached or affixed to the building.
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6. The total area of such advertisements exhibited on or attached or affixed to any face of a building other than the front thereof shall not exceed 12 square feet and the total area of any such advertisements on
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PART II--(continued)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 13--continued.
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such face which are internally illuminated shall not exceed 3 square feet.
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7. Where any such advertisement consists of a circular sign and projects more than 2 inches over any public road, the diameter of such sign shall not exceed 3 feet and no other such advertisement shall be exhibited on a sign projecting more than 2 inches over the public road.
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8. Where any one or more such advertisements are exhibited on a swinging or fixed sign or other advertisement structure (other than a circular sign) projecting more than 2 inches from any external face of any structure, the total area of such advertisements shall not exceed 12 square feet and the area of any face of such advertisement structure shall not exceed 4 square feet.
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9. No such advertisement shall cover any part of any window in any building on which the advertisement is exhibited or to which it is attached or affixed.
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Class 14
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An advertisement in the form of a flag which is attached to a single flagstaff fixed in an upright position on the roof of a business premises, and which bears no inscription or emblem other than the name or device or a person occupying the building.
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--
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Class 15
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Any advertisement relating to a presidential, Dáil or local election or referendum.
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No such advertisement shall be exhibited for more than seven days after the date of the election or referendum to which it relates.
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Class 16
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Advertisements required to be exhibited by or under any enactment, including (but without prejudice to the generality hereof) advertisements the exhibition of which is so required as a condition of the valid exercise of any power, or proper performance of any function, given or imposed by such enactment, or for compliance with any procedure prescribed by or under any enactment.
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--
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PART II--(continued)
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Column 1
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Column 2
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Description of development
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Conditions
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Class 17
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Advertisements consisting of placards, posters or bills relating to the visit of any travelling circus, funfair, carnival, show, cinema, musicians, players or other travelling entertainment.
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1. No such advertisement shall exceed 12 square feet in area.
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2. No such advertisement shall be exhibited more than 8 feet above ground level or be glued or pasted to any structure other than an advertisement structure.
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3. No such advertisement shall be exhibited more than seven days after the visit or performance to which it relates.
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Class 18
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Any advertisement exhibited on land wholly or for the most part enclosed within a hedge, fence, wall or similar screen or structure (not being land which is a public park, public garden or other land held for the use and enjoyment of the public, or a part of a railway undertaking's enclosed land normally used for the carriage of passengers by rail) and not readily visible from land outside the enclosure wherein it is exhibited, or from any part of such enclosure over which there is a public right of way or to which there is public right of access.
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--
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Class 19
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Any advertisement exhibited within a railway station.
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--
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PART III
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EXEMPTED DEVELOPMENT--RURAL
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Column 1
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Column 2
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Description of development
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Conditions
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Limited use for camping
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Class 1
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Temporary use of any land for the placing of any tent or caravan or for the mooring of any boat, barge or other vessel used for the purpose of camping.
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1. Not more than one tent, caravan, or vessel shall be place within 100 yards of another tent, caravan, or vessel at any time.
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2. No tent, caravan, or vessel shall
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PART III--(continued)
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Column 1
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Column 2
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Description of development
|
Conditions
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|
Class 1--continued.
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remain on the land for a greater period than 10 days.
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|
3. No tent, caravan or vessel shall be used for the storage, display, advertisement or sale of goods or for the purposes of any business.
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4. No tent or caravan shall be placed on land within 50 yards of any public road unless the land is enclosed by a wall, bank or hedge, or any combination thereof, having an average height of not less than 5 feet.
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Minor works and structures
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Class 2
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Works relating to the construction or maintenance of any gully, drain, pond, trough, pit or culvert, the widening or deepening of watercourses the removal of obstructions from watercourses and the making or repairing of embankments.
|
--
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Class 3
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The erection of any stand or ramp for loading or unloading vehicles (excluding the erection of a ramp on a public road and any stand which projects over any paved or metalled part of a public road).
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1. The height of the stand or ramp shall not exceed 4 feet above ground level.
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2. A stand within 150 feet of a road junction shall not be situated over or adjoining a public road.
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Class 4
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The construction, excavation, extension, alteration or replacement of any wall, fence, store, barn, byre, shed, glasshouse, pen, sty, poultryhouse, silo or other structure on land not less than 30 feet from any public road the metalled part of which is more than 12 feet in width or from the site of any road improvement work or new road the carrying out or construction of which is an objective of any development plan or, during the period prior to the making of a development plan, is declared by resolution of a planning authority to be an objective which they propose to include in a development plan.
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1. No such structure shall be used for any purpose other than the purpose of agriculture or forestry.
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2. No such structure for the housing of pigs or poultry or for the making of silage shall be situated within 100 feet of any dwellinghouse save with the consent of the owner and occupier thereof.
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3. No wall or fence shall exceed 6 feet in height above ground level and no other such structure within 100 yards of any public road shall exceed 21 feet in height above ground level.
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|
|
|
PART III--(continued)
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|
|
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Column 1
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Column 2
|
|
Description of development
|
Conditions
|
|
Mining
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|
|
Class 5
|
|
|
The use of land for the purpose of the winning and working of minerals, the carrying out of works incidental thereto (other than opencast mining or surface working or the deposit of refuse or waste materials) and, in the case of land other than land situate in an area to which a special amenity area order relates, the erection or placing of structures on the land for such specific purpose.
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1. No such structure shall remain on the land for a period exceeding twelve months.
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2. On the discontinuance of the use of the land, or any part thereof, all structures and materials shall be removed therefrom and the surface of the land shall be forthwith reinstated or, where reinstatement is not practicable, such excavation shall be effectively fenced or otherwise protected and, in the case of land in an area to which a special amenity area order relates, a hedge, bushes or trees shall be planted so as to screen the excavation.
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Other excavations
|
|
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Class 6
|
|
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The excavation for the purposes of research or discovery of sites, features and other objects of archaeological, geological or historical interest the preservation of which is not an objective of any development plan.
|
--
|
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Class 7
|
|
|
The sinking of any well or the drilling of any borehole for the purpose of providing a water supply.
|
--
|
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Class 8
|
|
|
Any drilling or excavation for the purpose of surveying land or examining the depth and nature of the subsoil.
|
--
|
|
|
|
|
|
|
PART IV
|
|
|
CLASSES OF USE
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|
|
Class 1--Use as a shop for any purpose except as--
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|
|
(a) a fried fish shop,
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|
|
(b) a shop for the sale of pet animals or birds,
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|
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(c) a shop for the sale or display for sale of motor vehicles other than bicycles.
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Class 2--Use as an office for any purpose.
|
|
|
PART IV--(continued)
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Class 3--Use as a light industrial building for any purpose.
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Class 4--Use as a general industrial building for any purpose.
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|
Class 5--Use for any work which is registrable under the Alkali, etc. Works Regulation Act, 1906 except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine; use for any of the following processes, except as aforesaid, so far as not registrable under the above Act:--
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|
|
(a) smelting, calcining, sintering or reduction of ores, minerals, concentrates or matter,
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|
|
(b) converting, reheating, annealing, hardening, melting, carburising, forging or casting of iron or other metals or alloys,
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|
|
(c) recovering of metal from scrap or drosses or ashes,
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|
|
(d) galvanising,
|
|
|
(e) pickling or treatment of metal in acid,
|
|
|
(f) chromium plating.
|
|
|
Class 6--Use for any of the following processes so far as not included in class 5 of this Part of this Schedule and except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine--
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|
|
(a) burning of building bricks,
|
|
|
(b) lime burning,
|
|
|
(c) production of calcium carbide or zinc oxide,
|
|
|
(d) foaming, crushing or screening of stone or slag.
|
|
|
Class 7--Use for any of the following purposes so far as not included in class 5 of this Part of this Schedule--
|
|
|
(a) the production or employment of cyanogen or its compounds,
|
|
|
(b) the manufacture of glass, where the sodium sulphate used exceeds 1.5 per cent of the total weight of the melt,
|
|
|
(c) the production of zinc chloride.
|
|
|
Class 8--Use for any of the following purposes so far as not included in class 5 of this Part of this Schedule--
|
|
|
The distilling, refining or blending of oils, the production or employment of cellulose lacquers (except their employment in garages in connection with minor repairs), hot pitch or bitumen or pyridine; the stoving of enamelled ware; the production of amyl acetate, aromatic esters, butyric acid, caramel, hexamine, iodoform, B-naphthol, resin products (except synthetic resins, plastic moulding or extrusion compositions and plastic sheet, rods, tubes, filaments, fibres or optical components produced by casting, calendering, moulding, shaping or extrusion), salicylic acid or suphonated organic compounds; paint and varnish manufacture (excluding mixing, milling and grinding); the production of rubber from scarp; or the manufacture of acetylene from calcium carbide for sale or for use in a further chemical process.
|
|
|
Class 9--Use as a wholesale warehouse or enclosed repository building for any purpose.
|
|
|
PART IV--(continued)
|
|
|
Class 10--Use as a residential club, a hotel providing sleeping accommodation, a guest house or a hostel.
|
|
|
Class 11--Use as a structure for public worship or religious instruction; use of such structure for the social or recreational activities of the religious body using the structure; use as a monastery or convent.
|
|
|
Class 12--Use as a residential or boarding school or a residential college.
|
|
|
Class 13--Use as a convalescent home, a maternity home, a nursing home, a sanatorium, a hospital, a health centre, a clinic, a creche, a day nursery, a dispensary, or a home or institution for the boarding, care and maintenance of children, old people, incapacitated persons or persons suffering from mental disability.
|
|
|
Class 14--Use as an art gallery (not being a business premises), a museum a public library or reading room, a public hall, an exhibition hall, a social centre, a community centre or a non-residential club, but not as a dance hall, music hall or conert hall.
|
|
|
Class 15--Use as a theatre, a cinema, a music hall, a concert hall.
|
|
|
Class 16--Use as a skating rink, or a gymnasium, or for indoor games or sports (including boxing, wrestling and bowling).
|
|
|
GIVEN under the Official Seal of the Minister for Local Government this Twenty-eighth day of September, 1964.
|
|
|
NEIL T. BLANEY,
|
|
|
Minister for Local Government.
|
|
|
EXPLANATORY NOTE.
|
|
|
These Regulations prescribe classes of development which, in addition to those set out in subsection (1) of section 4 of the Local Government (Planning and Development) Act, 1963 , are exempted development for the purposes of that Act. Permission under Part IV of that Act is not required in respect of exempted development.
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