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  • New Planning Regulations, 8th Sept 2011

    Planning and Development (Amendment) (No. 2) Regulations 2011

    These Regulations came into effect on 8th September, 2011 and deal mainly with the ECJ judgement which necessitated a reduction in the thresholds for mandatory EISs and for EIS screening for certain categories of agriculture-related projects. Specifically the Regulations:

    • Reduce the exempted development threshold for the drainage of wetlands from 20ha to 0.1ha;
    • Reduce the threshold for mandatory EIA of drainage and/or reclamation of wetlands from 20ha to 2ha; and
    • Exempt other land reclamation activities from the planning permission.

    The Regulations also introduced other amendments to the exempted development provisions as follows:

    •        To limit the provision of a hard surface in front/side garden to less than 25m2 or less than 50% of the front garden/side garden, whichever is the smaller. If larger than these thresholds, then it shall be constructed using permeable materials to allow rainwater to soak to the ground;
    •        To allow a single portable (e.g. “pay to use”) waste disposal compactor, where it is located within the curtilage of a business premises, shall not exceed 10m3, or within 50m of the curtilage of any house except where consent from the owner is given in writing;
    •        to provide an exemption for advertisements announcing any local event promoted or carried on for commercial purposes, provided it is no more than 1.2m2 in area, no more than 2.5m above ground level, in place for no more than 7 days prior to the event and no more than 3 days after the event, no more than 3 times per year, not be seen from any motorway or national primary road, and only be affixed to an advertisement structure;
    • to introduce certain limited exemptions for underground or partially or totally above ground rainwater harvesting receptacles for farmers;
    • to amend the peat extraction exemption reference to read either in a new or extended area of less than 10ha, or in a new or extended area of 10ha or more, where the drainage of the bogland commenced prior to the coming into force of the Regulations;
    • to revise downwards the annual licence fee in respect of all fingerpost signs for commercial entities (not exceeding 1m in length) from €630 to €50, and
    • to amend Schedule 5, Part 1 (Annex I projects) for carbon storage facilities, and Schedule 5, Part 2 (Annex II) for carbon storage facilities that fall under the mandatory Annex I thresholds.

    Published on November 25, 2011 By:David Mulcahy · Filed under: Planning Legislation, Rural Planning; Tagged as:
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