Planning and Development Regulations 2008 (S.I. No. 235 of 2008)

1. (1) These Regulations may be cited as the Planning and Development Regulations 2008. (2) These Regulations and the Planning and Development Regulations 2001 to 2007 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2008. Interpretation.

2. In these Regulations, except where the context otherwise requires, “the Regulations” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ). Amendment of Article 5.

3. Sub-article 1 of article 5 of the Regulations is amended by inserting after “betting office” the following: file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book “ ‘Biomass’ means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste”; and by inserting after “childminding” the following: “ ‘CHP’ has the meaning assigned to it by the Electricity Regulation Act 1999 ”; and by inserting after “repository” the following: “ ‘school’ has the meaning assigned to it by the Education Act 1998 .”. Amendment of Article 92 of the Regulations.

4. Article 92 of the Regulations is substituted by the following article: “92. In this Part— ‘application for approval’ means an application to the Board by a local authority for approval of proposed development to which section 175 of the Act applies; ‘sub-threshold development’ means development of a type set out in Schedule 5 which does not exceed a quantity, area or other limit specified in that Schedule in respect of the relevant class of development; ‘development’ includes any associated demolition works.”. Amendment of Schedule 2 of the Regulations.

5. Part 1 of Schedule 2 of the Regulations is amended by the insertion after Class 20 of the following: “ Column 1Description of Column 2Conditions and Development Limitations CLASS 20AThe erection of a 1. No such mast shall be file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book mast for mapping erected for a period meteorological conditions. exceeding 15 months in any 24 month period. 2. The total mast height shall not exceed 80 metres.

3. The mast shall be a distance of not less than:(a) the total structure height plus: (i) 5 metres from any party boundary, (ii) 20 metres from any non-electrical overhead cables, (iii) 20 metres from any 38kV electricity distribution lines, (iv) 30 metres from the centreline of any electricity transmission line of 110kV or more.(b) 5 kilometres from the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation obstacle warning lighting. 4. Not more than one such mast shall be erected within the site. 5. All mast components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunications signals.

6. No sign, advertisement or object, not required for the functioning or safety of the mast shall be attached to or exhibited on the mast. CLASS 20BThe erection on 1. No such structure shall be land on which development erected for a period consisting of the construction exceeding 5 years.2. The file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book of a school is to be carried gross floor area of such out pursuant to a permission structure shall not exceed or outline permission under 50% of the gross floor area of the Act of temporary on-site the school to be constructed school structures. pursuant to the permission under the Act.3. No such structure shall be above the ground floor.4. Such structure shall comply with the Department of Education and Science Primary and Post Primary Technical Guidance Documents for the time being in force. CLASS 20CTemporary use 1.The use shall be as a school of any structure discontinued after a period formerly used as a school, not exceeding 2 years. 2. hall, club, art gallery, Such structure shall comply museum, library, reading with the Department of room, gymnasium or any Education and Science structure normally used for Primary and Post Primary religious instruction. Technical Guidance Documents for the time being in force. ” by the substitution of Class 50 with the following: “ Column 1Description of Column 2Conditions and Development Limitations CLASS 50(a) The demolition 1. No such building or of a building, or buildings, buildings shall abut on within the curtilage of— (i) a another building in separate house, (ii) an industrial ownership.2.The cumulative building, (iii) a business floor area of any such premises, or (iv) a farmyard building, or buildings, shall complex.(b) The demolition not exceed: (a) in the case of of part of a habitable house in a building, or buildings connection with the provision within the curtilage of a of an extension or porch in house, 40 square metres, and accordance with Class 1 or 7, (b) in all other cases, 100 respectively, of this Part of square metres.3. No such this Schedule or in demolition shall be carried accordance with a permission out to facilitate development file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book for an extension or porch of any class prescribed for the under the Act. purposes of section 176 of the Act. ” and by the insertion after Class 55 of the following: “ Column 1Description of Column 2Conditions and Development Limitations CLASS 56(a) The 1. The gross floor area of the construction, erection or structure shall not exceed 500 placing within the curtilage of square meters.2. No such an industrial building of a structure shall exceed 10 structure for the purposes of metres in height, or 50 metres housing a (fully enclosed) in length.3. No such structure Combined Heat and Power shall be within:(a) 10 metres system. of any public road. (b) 200 metres of the nearest habitable house or residential building or school, hospital, church or building used for public assembly (other than the house or building of the person providing the structure), save with the consent in writing of the owner, and, as appropriate, the occupier or person in charge thereof.

4. No such structure within 100 metres of any public road shall exceed 8 metres in height.

5. No such structure shall have more than 2 flues, neither of which shall exceed 20 metres in height from ground level.

6. The diameter of any flue shall not exceed 1 metre. file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book 7. Noise levels must not exceed 43db(A) during normal operation, as measured at the nearest party boundary.

8. Not more than one such structure shall be erected. 9. The structure shall be used for the purposes of housing a Combined Heat and Power unit only. (b) The construction, 1. The gross floor area of the erection, or placing within the structure shall not exceed 300 curtilage of a business square metres.2. No such premises, or a light industrial structure shall exceed 8 building, of a structure for the metres in height, or 40 metres purposes of housing a (fully in length.3. No such structure enclosed) Combined Heat shall be within:(a) 10 metres and Power system. of any public road.(b) 200 metres of the nearest habitable house or residential building or school, hospital, church or building used for public assembly (other than the house or building of the person providing the structure), save with the consent in writing of the owner, and, as appropriate, the occupier or person in charge thereof. 4. No such structure shall have more than 2 flues, neither of which shall exceed 16 metres in height from ground level. 5. The diameter of any flue shall not exceed 1 metre. 6. Noise levels must not exceed 43db(A) during normal operation, as measured at the nearest party boundary. 7. Not more than one such structure shall be erected file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book within the curtilage of such a premises or building.

8. The structure shall be used for the purposes of housing a Combined Heat and Power unit only. (c) The construction, erection 1. The turbine shall not be or placing within the curtilage erected on or attached to the of an industrial building or premises or building or any light industrial building, or other structure within the business premises of a wind curtilage of the building or turbine. premises.2. The total height of the turbine shall not exceed 20 metres.3. The rotor diameter shall not exceed 8 metres. 4. The minimum clearance between the lower tip of the rotor and ground level shall not be less than 3 metres.

5. The supporting tower shall be a distance of not less than the total structure height (including the blade of the turbine at the highest point of its arc) plus:(a) 5 metres from any party boundary,(b) 5 metres from any non- electrical overhead cables,(c) 20 metres from any 38kV electricity distribution line,(d) 30 metres from the centreline of any electricity transmission line of 110kV or more.

6. The turbine shall not be located within 5 kilometres of the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book obstacle warning lighting. 7. Noise levels must not exceed 43db(A) during normal operation, as measured from the nearest party boundary. 8. Not more than one turbine shall be erected within the curtilage of the premises or building. 9. All turbine components shall have a matt, non- reflective finish and the blade shall be made of material that does not deflect telecommunication signals. 10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind turbine.

11. The turbine shall not be located within an Architectural Conservation Area. (d) The installation or 1. The distance between the erection on or within the plane of the wall or a pitched curtilage of an industrial roof and the panel shall not building, or any ancillary exceed 1 metre.2. The buildings within the curtilage distance between the plane of of an industrial building, of a flat roof and the panel shall solar panels (thermal not exceed 2 metres.3. The collector or photo-voltaic). solar panel shall be a minimum of 50cm from the edge of the wall or roof on which it is mounted.

4. The total aperture area of any wall mounted panel, or free-standing solar array shall not exceed 50 square metres.

5. Any equipment associated file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book with the panels, including water tanks, shall be located within the roof space of the building.

6. The height of a free- standing solar array shall not exceed 2 metres, at its highest point, above ground level.

7. No sign, advertisement or object, not required for the functioning or safety of the panel shall be attached to or exhibited on the panels. (e) The installation or 1. Such a solar panel may not erection on a business be installed or erected on a premises or light industrial wall of such a premises or building, or any ancillary building.2. The total aperture buildings within the curtilage area of any such panel, taken of such premises or buildings, together with any other such of solar thermal collector panel previously placed on or panels. within the said curtilage, shall not exceed 50 square metres or 50% of the total roof area, whichever is the lesser. 3. The distance between the plane of a pitched roof and the panel shall not exceed:(a) 50cm in the case of a light industrial building.(b) 15cm in the case of a business premises. 4. The distance between the plane of a flat roof and the panel shall not exceed: (a) 2 metres in the case of a light industrial building.(b) 1 metre in the case of a business premises. 5. The solar panel shall be a minimum of 50cm from the edge of the roof on which it is mounted, or 2 metres in the case of a flat roof. file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book

6. Any equipment associated with the panels, including water tanks, shall be located within the roof space of the building.

7. The total aperture area of any free-standing solar array shall not exceed 25 square metres. 8. The height of a free- standing solar array shall not exceed 2 metres, at its highest point, above ground level. 9. A free-standing solar array shall not be located forward of the front wall of the building or premises.

10. No sign, advertisement or object, not required for the functioning or safety of the panel shall be attached to or exhibited on the panels. (f) The installation or erection 1. The total aperture area of on a business premises or any such panels, taken light industrial building, or together with any other such any ancillary buildings within panel previously placed on or the curtilage of such premises within the said curtilage, shall or building, of photo-voltaic not exceed 50 square metres solar panels. or 50% of the total roof area, whichever is the lesser. 2. The distance between the plane of the wall and the panel shall not exceed 15cm. 3. The distance between the plane of a pitched roof and the panel shall not exceed: (a) 50cm in the case of a light industrial building.(b) 15cm in the case of a business premises.

4. The distance between the file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book plane of a flat roof and the panel shall not exceed:(a) 2 metres in the case of a light industrial building.(b) 1 metre in the case of a business premises. 5. The solar panel shall be a minimum of 50cm from the edge of the wall or pitched roof on which it is mounted, or 2 metres in the case of a flat roof. 6. The total aperture area of any wall mounted panel, or free-standing solar array shall not exceed 25 square metres. 7. Any equipment associated with the panels, including water tanks, shall be located within the roof space of the building. 8. The height of a free- standing solar array shall not exceed 2 metres, at its highest point, above ground level.

9. A free-standing solar array shall not be located forward of the front wall of the building or premises.

10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the panels. (g) The installation on or 1. The level of the ground within the curtilage of an shall not be altered by more industrial building, or any than 1 metre above or below ancillary buildings within the the level of the adjoining curtilage of an industrial ground.2. The total area of building, of a ground source any air source heat pumps heat pump system (horizontal shall not exceed 15 square and vertical) or air source metres.3. The air source heat heat pumps. pump shall be a minimum of file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book 50cm from the edge of the wall or roof on which it is mounted. 4. Noise levels must not exceed 43db(A) during normal operation, as measured from the nearest party boundary.

5. Distances from party boundaries and from the foundations of any structure or building shall be maintained in line with the Sustainable Energy Ireland Renewable Energy Information Office Procurement Guidelines on Heat Pump Systems for the time being in force. (h) The installation on or 1. The level of the ground within the curtilage of a shall not be altered by more business premises or light than 1 metre above or below industrial building, or any the level of the adjoining ancillary buildings within the ground.2. The total area of curtilage of such a premises any air source heat pumps or building, of a ground shall not exceed 10 square source heat pump system metres.3. No such structure (horizontal and vertical) or air shall be constructed, erected source heat pumps. or placed forward of the front wall of the building.

4. The heat pump shall be a minimum of 50cm from the edge of the wall or roof on which it is mounted.

5. Noise levels must not exceed 43db(A) during normal operation, as measured from the nearest party boundary.

6. Distances from party boundaries and from the foundations of any structure or building shall be maintained in line with the Sustainable Energy Ireland file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book Renewable Energy Information Office Procurement Guidelines on Heat Pump Systems for the time being in force. (i) The provision as part of a 1. The gross floor area of the heating system for an boiler house shall not exceed industrial building or light 20 square metres.2. The industrial building or capacity of such a fuel business premises of a storage tank or structure shall biomass boiler, including a not exceed 75 cubic metres.3. boiler house, flues mounted The height of a boiler house on the boiler house, and over- or such a fuel storage tank or ground fuel storage tank or structure shall not exceed 3 structure. metres. 4. The height of a flue mounted on a biomass unit shall not exceed 16 metres, measured from ground level. 5. No more than 2 flues shall be erected. 6. Not more than one such structure shall be erected within the curtilage of the site. 7. The diameter of any flue shall not exceed 1 metre.

8. The boiler house shall not be located within:(a) 10 metres of any public road. (b) 100 metres of the nearest habitable house or residential building or school, hospital, church or building used for public assembly (other than the house or building of the person providing the structure), save with the consent in writing of the owner, and, as appropriate, the occupier or person in charge thereof. 9. Noise levels must not file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book exceed 43db(A) during normal operation, as measured from the nearest party boundary.

10. The fuel shall not include products derived from animal wastes or from wood containing dangerous substances. CLASS 57The extension of a 1. The floor area of any such school, where the school has extension shall not exceed:(a) not been previously extended, 160 square metres, or (b) by the construction or 40% of the gross floor area of erection of an extension to the school, whichever is the the side or rear of the school. lesser.

2. No such structure shall be above the ground floor.

3. Any extension shall be a distance of not less than 2 metres from any party boundary.

4. Such structure shall comply with the Department of Education and Science Primary and Post Primary Technical Guidance Documents for the time being in force. ” Further amendment of Schedule 2.

6. Part 3 of Schedule 2 of the Regulations is amended by the insertion after Class 17 of the following: “ Column 1Description of Column 2Conditions and Development Limitations file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book Renewable 1. The gross floor area of the TechnologiesCLASS 18(a) structure shall not exceed 300 The construction, erection or square metres.2. No such placing within an agricultural structure shall exceed 8 holding of a structure for the metres in height, or 40 metres purposes of housing a (fully in length.3. No such structure enclosed) Combined Heat shall be within: (a) 10 metres and Power system. of any public road.(b) 100 metres of the nearest habitable house (other than the house of the person providing the structure) or any other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner, and, as appropriate, the occupier or person in charge thereof.

4. No such structure shall have more than 2 flues, neither of which shall exceed 16 metres in height from ground level.

5. The diameter of any flue shall not exceed 1 metre.

6. Noise levels must not exceed 43db(A) during normal operation, as measured at the party boundary.

7. Not more than one such structure shall be erected within the agricultural holding.

8. The structure shall be used for the purposes of housing a Combined Heat and Power unit only. (b) The construction, erection 1. The turbine shall not be or placing within an erected on or attached to a agricultural holding of a wind building or other structure.2. turbine. The total height of the turbine file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book shall not exceed 20 metres.

3. The rotor diameter shall not exceed 8 metres.

4. The minimum clearance between the lower tip of the rotor and ground level shall not be less than 3 metres.

5. The supporting tower shall be a distance of not less than: (a) one and a half times the total structure height (including the blade of the turbine at the highest point of its arc) plus 1 metre from any party boundary. (b) The total structure height (including the blade of the turbine at the highest point of its arc) plus: (i) 5 metres from any non- electrical overhead cables, (ii) 20 metres from any 38kV electricity distribution line, (iii) 30 metres from the centreline of any electricity transmission line of 110kV or more.

6. The turbine shall not be located within: (a) 100 metres of an existing wind turbine. (b) 5 kilometres of the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book with any condition relating to the provision of aviation obstacle warning lighting.

7. Noise levels must not exceed 43db(A) during normal operation, as measured from the nearest habitable house.

8. Not more than one turbine shall be erected within the agricultural holding.

9. All turbine components shall have a matt, non- reflective finish and the blade shall be made of material that does not deflect telecommunication signals.

10. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the wind turbine. (c) The installation or 1. The total aperture area of erection on an agricultural any such panel, taken structure, or within the together with any other such curtilage of an agricultural panel previously placed on or holding, of solar panels within the said holding, shall (thermal collector or photo- not exceed 50 square metres voltaic). or 50% of the total roof area, whichever is the lesser.

2. The distance between the plane of the wall and the panel shall not exceed 15cm.

3. The distance between the plane of a pitched roof and the panel shall not exceed 50cm.

4. The distance between the plane of a flat roof and the panel shall not exceed 2 metres. file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book

5. The solar panel shall be a minimum of 50cm from the edge of the wall or roof on which it is mounted, or 2 metres in the case of a flat roof.

6. The total aperture area of any wall-mounted panel or free-standing solar array shall not exceed 25 square metres.

7. Any equipment associated with the panels, including water tanks, shall be located within the roof space of the building.

8. The height of a free- standing solar array shall not exceed 2 metres, at its highest point, above ground level.

9. No sign, advertisement or object, not required for the functioning or safety of the turbine shall be attached to or exhibited on the panels. (d) The installation within an 1. The level of the ground agricultural holding of a shall not be altered by more ground source heat pump than 1 metre above or below system (horizontal and the level of the adjoining vertical) or air source heat ground. pumps.

2. The total area of any air source heat pumps shall not exceed 10 square metres.

3. The air source heat pump shall be a minimum of 50cm from the edge of the wall or roof on which it is mounted.

4. Noise levels must not exceed 43db(A) during normal operation, as file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book measured from the nearest habitable house.

5. Distances from party boundaries and from the foundations of any structure or building shall be maintained in line with the Sustainable Energy Ireland Renewable Energy Information Office Procurement Guidelines on Heat Pump Systems for the time being in force. (e) The provision as part of a 1. The gross floor space of heating system for an the boiler house shall not agricultural building of a exceed 20 square metres.2. biomass boiler, including a The capacity of the fuel boiler house, flues mounted storage tank or structure shall on the boiler house, and over- not exceed 75 cubic metres. ground fuel storage tank or 3. The height of a boiler structure. house or fuel storage tank installed above ground level shall not exceed 3 metres.

4. The height of a flue mounted on a biomass unit shall not exceed 20 metres, measured from ground level.

5. No more than 2 flues shall be erected.

6. Not more than one such structure shall be erected within the agricultural holding.

7. The diameter of any flue shall not exceed 1 metre.

8. The boiler house shall not be located within: (a) 10 metres of any public road, file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book (b) 100 metres of the nearest habitable house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.

9. Noise levels must not exceed 43db(A) during normal operation, as measured from the site boundary.

10. The fuel shall not include products derived from wood containing dangerous substances. Temporary Structures and 1. No such masts shall be UsesCLASS 19The erection erected for a period of a mast for mapping exceeding 15 months in any meteorological conditions. 24 month period.

2. The total mast height shall not exceed 80 metres.

3. The mast shall be a distance of not less than: (a) the total structure height plus: (i) 5 metres from any party boundary, (ii) 20 metres from any non- electrical overhead cables, (iii) 20 metres from any 38kV electricity distribution lines, file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book (iv) 30 metres from the centrelines of any electricity transmission lines of 110kV or more. (b) 5 kilometres from the nearest airport or aerodrome, or any communication, navigation and surveillance facilities designated by the Irish Aviation Authority, save with the consent in writing of the Authority and compliance with any condition relating to the provision of aviation obstacle warning lighting.

4. Not more than one such mast shall be erected within the site.

5. All mast components shall have a matt, non-reflective finish and the blade shall be made of material that does not deflect telecommunications signals.

6. No sign, advertisement or object, not required for the functioning or safety of the mast shall be attached to or exhibited on the mast. ” Amendment of Schedule 5 of the Regulations.

7. Part 2 of Schedule 5 of the Regulations is amended by the insertion after paragraph 10(d) of the following: “(dd) All private roads which would exceed 2000 metres in length.” and paragraph 13(b) of the following: file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book “(c) Any change or extension of development being of a class listed in Part 1 or paragraphs 1 to 12 of Part 2 of this Schedule, which would result in the demolition of structures, the demolition of which had not previously been authorised, and where such demolition would be likely to have significant effects on the environment, having regard to the criteria set out under Schedule 7.” Amendment of Schedule 7 of the Regulations.

8. Paragraph 1 of Schedule 7 of the Regulations is substituted with the following: “1. Characteristics of proposed development The characteristics of proposed development, in particular: — the size of the proposed development, — the cumulation with other proposed development, — the nature of any associated demolition works, — the use of natural resources, — the production of waste, — pollution and nuisances, — the risk of accidents, having regard to substances or technologies used.” GIVEN under my Official Seal, 2 July 2008 file:///D/HTML/ire89183.htm[15.01.2025 17:59:00] Irish Statute Book JOHN GORMLEY, T.D. Minister for the Environment, Heritage and Local Government. EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation). The purpose of these Regulations is to amend Schedule 2 of the Planning and Development Regulations 2001 to provide for exemptions in respect of renewable technologies for industrial buildings, business premises and agricultural holdings, and in respect of schools, demolition and private roads. © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the House of the Oireachtas file:///D/HTML/ire89183.htm[15.01.2025 17:59:00]