schedule 2 article 6 part - county mayo · which planning permission has been obtained, shall not...

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154 SCHEDULE 2 Article 6 PART 1 Exempted Development — General Column 1 Description of Development Column 2 Conditions and Limitations Development within the curtilage of a house CLASS 1 The extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house. 1. (a) Where the house has not been extended previously, the floor area of any such extension shall not exceed 40 square metres. (b) Subject to paragraph (a), where the house is terraced or semi-detached, the floor area of any extension above ground level shall not exceed 12 square metres. (c) Subject to paragraph (a), where the house is detached, the floor area of any extension above ground level shall not exceed 20 square metres. 2. (a) Where the house has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 40 square metres. (b) Subject to paragraph (a), where the house is terraced or semi-detached and has been extended previously, the floor area of any extension above ground level taken together with the floor area of any previous extension or extensions above ground level constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 12 square metres.

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154

SCHEDULE 2Article 6

PART 1

Exempted Development — General

Column 1Description of Development

Column 2Conditions and Limitations

Development within the curtilage of ahouse

CLASS 1The extension of a house, by theconstruction or erection of an extension(including a conservatory) to the rear ofthe house or by the conversion for use aspart of the house of any garage, store,shed or other similar structure attached tothe rear or to the side of the house.

1. (a) Where the house has not beenextended previously, the floor area ofany such extension shall not exceed 40square metres.

(b) Subject to paragraph (a), where thehouse is terraced or semi-detached, thefloor area of any extension aboveground level shall not exceed 12 squaremetres.

(c) Subject to paragraph (a), where thehouse is detached, the floor area of anyextension above ground level shall notexceed 20 square metres.

2. (a) Where the house has beenextended previously, the floor area ofany such extension, taken together withthe floor area of any previous extensionor extensions constructed or erectedafter 1 October 1964, including thosefor which planning permission has beenobtained, shall not exceed 40 squaremetres.

(b) Subject to paragraph (a), where thehouse is terraced or semi-detached andhas been extended previously, the floorarea of any extension above groundlevel taken together with the floor areaof any previous extension or extensionsabove ground level constructed orerected after 1 October 1964, includingthose for which planning permission hasbeen obtained, shall not exceed 12square metres.

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(c) Subject to paragraph (a), where thehouse is detached and has beenextended previously, the floor area ofany extension above ground level, takentogether with the floor area of anyprevious extension or extensions aboveground level constructed or erected after1 October 1964, including those forwhich planning permission has beenobtained, shall not exceed 20 squaremetres.

3. Any above ground floor extensionshall be a distance of not less than 2metres from any party boundary.

4. (a) Where the rear wall of the housedoes not include a gable, the height ofthe walls of any such extension shallnot exceed the height of the rear wall ofthe house.

(b) Where the rear wall of the houseincludes a gable, the height of the wallsof any such extension shall not exceedthe height of the side walls of the house.

(c) The height of the highest part of theroof of any such extension shall notexceed, in the case of a flat roofedextension, the height of the eaves orparapet, as may be appropriate, or, inany other case, shall not exceed theheight of the highest part of the roof ofthe dwelling.

5. The construction or erection of anysuch extension to the rear of the houseshall not reduce the area of private openspace, reserved exclusively for the useof the occupants of the house, to the rearof the house to less than 25 squaremetres.

6. (a) Any window proposed at groundlevel in any such extension shall not beless than 1 metre from the boundary itfaces.

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(b) Any window proposed above groundlevel in any such extension shall not beless than 11 metres from the boundary itfaces.

(c) Where the house is detached and thefloor area of the extension aboveground level exceeds 12 square metres,any window proposed at above groundlevel shall not be less than 11 metresfrom the boundary it faces.

7. The roof of any extension shall notbe used as a balcony or roof garden.

CLASS 2The provision, as part of a central heatingsystem of a house, of a chimney, boilerhouse or oil storage tank.

The capacity of any such oil storage tankshall not exceed 3,500 litres.

CLASS 3The construction, erection or placingwithin the curtilage of a house of anytent, awning, shade or other object,greenhouse, garage, store, shed or othersimilar structure.

1. No such structure shall be constructed,erected or placed forward of the frontwall of a house.

2. The total area of such structuresconstructed, erected or placed within thecurtilage of a house shall not, takentogether with any other such structurespreviously constructed, erected or placedwithin the said curtilage, exceed 25square metres.

3. The construction, erection orplacing within the curtilage of a house ofany such structure shall not reduce theamount of private open space reservedexclusively for the use of the occupantsof the house to the rear or to the side ofthe house to less than 25 square metres.

4. The external finishes of any garage orother structure constructed, erected orplaced to the side of a house, and the roofcovering where any such structure has atiled or slated roof, shall conform withthose of the house.

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5. The height of any such structure shallnot exceed, in the case of a building witha tiled or slated pitched roof, 4 metres or,in any other case, 3 metres.

6. The structure shall not be used forhuman habitation or for the keeping ofpigs, poultry, pigeons, ponies or horses,or for any other purpose other than apurpose incidental to the enjoyment ofthe house as such.

CLASS 4(a) The erection of a wireless ortelevision antenna, other than a satellitetelevision signal receiving antenna, on theroof of a house.

(b) The erection on or within thecurtilage of a house, of a dish typeantenna used for the receiving andtransmitting of signals from satellites.

The height of the antenna above the roofof the house shall not exceed 6 metres.

1. Not more than one such antenna shallbe erected on, or within the curtilage of ahouse.

2. The diameter of any such antenna shallnot exceed 1 metre.

3. No such antenna shall be erected on, orforward of, the front wall of the house.

4. No such antenna shall be erected onthe front roof slope of the house or higherthan the highest part of the roof of thehouse.

CLASS 5The construction, erection or alteration,within or bounding the curtilage of ahouse, of a gate, gateway, railing orwooden fence or a wall of brick, stone,blocks with decorative finish, otherconcrete blocks or mass concrete.

1. The height of any such structureshall not exceed 2 metres or, in the caseof a wall or fence within or bounding anygarden or other space in front of a house,1.2 metres.

2. Every wall other than a dry or naturalstone wall bounding any garden or otherspace shall be capped and the face of anywall of concrete or concrete block (otherthan blocks with decorative finish) whichwill be visible from any road, path orpublic area, including public open space,shall be rendered or plastered.

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3. No such structure shall be a metalpalisade or other security fence.

CLASS 6(a) The construction of any path, drain orpond or the carrying out of anylandscaping works within the curtilage ofa house.

(b) Any works within the curtilage of ahouse for—

(i) the provision to the rear of thehouse of a hard surface for usefor any purpose incidental to theenjoyment of the house as such,or,

(ii) the provision to the front or sideof the house of a hard surfacefor the parking of not more than2 motor vehicles used for apurpose incidental to theenjoyment of the house as such.

The level of the ground shall not bealtered by more than 1 metre above orbelow the level of the adjoining ground.

CLASS 7The construction or erection of a porchoutside any external door of a house.

1. Any such structure shall be situated notless than 2 metres from any road.

2. The floor area of any such structureshall not exceed 2 square metres.

3. The height of any such structure shallnot exceed, in the case of a structure witha tiled or slated pitched roof, 4 metres or,in any other case, 3 metres.

CLASS 8The keeping or storing of a caravan,campervan or boat within the curtilage ofa house.

1.Not more than one caravan, campervanor boat shall be so kept or stored.

2.The caravan, campervan or boat shallnot be used for the storage, display,advertisement or sale of goods or for thepurposes of any business.

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3. No caravan, campervan or boat shall beso kept or stored for more than 9 monthsin any year or occupied as a dwellingwhile so kept or stored.

Sundry Works

CLASS 9The construction, erection, renewal orreplacement, other than within orbounding the curtilage of a house, of anygate or gateway.

The height of any such structure shall notexceed 2 metres.

CLASS 10The plastering or capping of any wall ofconcrete blocks or mass concrete.

CLASS 11The construction, erection, lowering,repair or replacement, other than withinor bounding the curtilage of a house, of –

(a) any fence (not being a hoarding orsheet metal fence), or

(b) any wall of brick, stone, blocks withdecorative finish, other concreteblocks or mass concrete.

1. The height of any new structure shallnot exceed 1.2 metres or the height of thestructure being replaced, whichever is thegreater, and in any event shall not exceed2 metres.

2. Every wall, other than a dry or naturalstone wall, constructed or erectedbounding a road shall be capped and theface of any wall of concrete or concreteblocks (other than blocks of a decorativefinish) which will be visible from anyroad, path or public area, including apublic open space, shall be rendered orplastered.

CLASS 12The painting of any external part of anybuilding or other structure.

Such painting may not, except in the caseof a hoarding or other temporary structurebounding land on which developmentconsisting of works is being or will becarried out in pursuance of a permissiongranted under Part III of the Act or asexempted development, be for thepurposes of creating a mural.

CLASS 13The repair or improvement of any The width of any such private footpath or

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private street, road or way, being workscarried out on land within the boundaryof the street, road or way, and theconstruction of any private footpath orpaving.

paving shall not exceed 3 metres.

Change of use

CLASS 14Development consisting of a changeof use—

(a) from use for the sale of hot food forconsumption off the premises, or forthe sale or leasing or display for saleor leasing of motor vehicles, to useas a shop,

(b) from use as a public house, to use as ashop,

(c) from use for the direction of funerals,as a funeral home, as an amusementarcade or a restaurant, to use as ashop,

(d) from use to which class 2 of Part 4 ofthis Schedule applies, to use as ashop,

(e) from use as 2 or more dwellings, touse as a single dwelling, of anystructure previously used as a singledwelling,

(f) from use as a house, to use as aresidence for persons with anintellectual or physical disability ormental illness and persons providingcare for such persons.

The number of persons with anintellectual or physical disability or amental illness living in any suchresidence shall not exceed 6 and thenumber of resident carers shall notexceed 2.

Temporary structures and uses

CLASS 15Occasional use for social or recreationalpurposes of any school, hall, club, artgallery, museum, library, reading room,gymnasium or any structure normallyused for public worship or religious

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instruction.

CLASS 16The erection, construction or placing onland on, in, over or under which, or onland adjoining which, developmentconsisting of works (other than mining) isbeing or is about to be, carried outpursuant to a permission under the Act oras exempted development, of structures,works, plant or machinery neededtemporarily in connection with thatdevelopment during the period in which itis being carried out.

Such structures, works, plant ormachinery shall be removed at theexpiration of the period and the land shallbe reinstated save to such extent as maybe authorised or required by a permissionunder the Act.

CLASS 17The erection, construction or placing onland on, in, over or under which, or onland adjoining which, development (otherthan mining) is being, or is about to becarried out, pursuant to any permission,consent, approval or confirmation grantedunder the Act or any other enactment oras exempted development, of temporaryon-site accommodation for personsemployed, or otherwise engaged, inconnection with the carrying out of thedevelopment, during the period in whichit is being carried out.

Such accommodation shall be removed atthe expiration of the period and the landshall be reinstated save to such extent asmay be authorised or required by thepermission, consent, approval orconfirmation granted under the Act orany other enactment.

CLASS 18The erection, construction or placing onland on, in, over or under which, or onland adjoining which, developmentconsisting of mining is to be carried outpursuant to a permission under the Act, ofstructures, works, plant or machineryneeded temporarily in connection withpreparation for the development.

Such structures, works, plant ormachinery shall be removed whencommissioning of the mine, and anyancillary structures or facilities, has beencompleted pursuant to a permission underthe Act.

CLASS 19Development consisting of the provision,construction or erection by or on behalfof a State authority of temporarystructures or other temporary facilitiesrequired in connection with a visit of a

The temporary structures and facilitiesshall be removed after the conclusion ofthe visit and the land concerned shall bereinstated.

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dignitary or delegation.

CLASS 20The use of premises in connection withan election to the office of President ofIreland, an election of members of DáilÉireann, the Parliament of the EuropeanCommunities, a local authority or Údarásna Gaeltachta, or a referendum within themeaning of the Referendum Act, 1994(No. 12 of 1994).

The use shall be discontinued after aperiod not exceeding 30 days.

Development for industrial purposes

CLASS 21(a) Development of the followingdescriptions, carried out by an industrialundertaker on land occupied and used bysuch undertaker for the carrying on, andfor the purposes of, any industrialprocess, or on land used as a dock,harbour or quay for the purposes of anyindustrial undertaking—

(i) the provision, rearrangement,replacement or maintenance ofprivate ways or private railways,sidings or conveyors,

(ii) the provision, rearrangement,replacement or maintenance ofsewers, mains, pipes, cables or otherapparatus,

(iii) the installation or erection by way ofaddition or replacement of plant ormachinery, or structures of thenature of plant or machinery.

(b) Any works for the provision withinthe curtilage of an industrial building of ahard surface to be used for the purposesof or in connection with the industrialprocess carried on in the building.

1. Any such development shall notmaterially alter the external appearance ofthe premises of the undertaking.

2. The height of any plant or machinery,or any structure in the nature of plant ormachinery, shall not exceed 15 metresabove ground level or the height of theplant, machinery or structure replaced,whichever is the greater.

CLASS 22Storage within the curtilage of anindustrial building, in connection with the

The raw materials, products, packingmaterials, fuel or waste stored shall not

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industrial process carried on in thebuilding, of raw materials, products,packing materials or fuel, or the depositof waste arising from the industrialprocess.

be visible from any public roadcontiguous or adjacent to the curtilage ofthe industrial building.

Development by statutoryundertakers

CLASS 23The carrying out by any railwayundertaking of development required inconnection with the movement of trafficby rail in, on, over or under theoperational land of the undertaking,except—

(a) the construction or erection of anyrailway station or bridge, or of anyresidential structure, office orstructure to be used formanufacturing or repairing work,which is not situated wholly withinthe interior of a railway station, or

(b) the reconstruction or alteration of anyof the aforementioned structures soas materially to affect the design orexternal appearance thereof.

Any car park provided or constructedshall incorporate parking space for notmore than 60 cars.

CLASS 24The carrying out by any harbour authorityof development of the followingdescription—

(a) works authorised by a harbour worksorder in pursuance of section 134 ofthe Harbours Act, 1946 (No. 9 of1946), which consist of theconstruction, reconstruction,extension or removal of docks,graving docks, quays, wharves,jetties, piers, embankments, break-waters, roads, viaducts, tram-ways,railways or aerodromes (but not theconstruction or erection of sheds,transit sheds, transhipment sheds,silos, stores and other structures orthe reconstruction or alteration of

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such excepted structures so asmaterially to affect the design orexternal appearance thereof), or

(b) the cleaning, scouring, deepening,improving or dredging of theharbour or the approaches thereto orthe removal of any obstructionwithin the limits of the harbour, andthe use of land for the disposal ofdredged material in accordance withan objective in a development planfor the area in which the land issituated.

CLASS 25

The carrying out—

(a) pursuant to and in accordance with aconsent given by the Minister forPublic Enterprise under section 8 ofthe Gas Act, 1976 (No. 30 of 1976),by the Irish Gas Board ofdevelopment consisting of theconstruction of underground pipelinesfor the transmission of gas (but notthe construction or erection of anyapparatus, equipment or other thingancillary to such a pipeline savecathodic protection equipment andmarker posts),

(b) pursuant to and in accordance with anorder made by the Minister for PublicEnterprise under section 2 of the Gas(Amendment) Act, 1987 (No. 9 of1987), by the Irish Gas Board ofdevelopment consisting of the layingunderground of mains, pipes, cablesor other apparatus,

(c) in accordance with any requirementsof the Minister for Public Enterpriseor the Marine and Natural Resources,as the case may be under section 40of the Gas Act, 1976, of developmentconsisting of the construction of anunderground pipeline for the

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transmission of gas (but not theconstruction or erection of anyapparatus, equipment or other thingancillary to such a pipeline savecathodic protection equipment andmarker posts), or

(d) by any gas undertaking (other thanthe Irish Gas Board) of developmentconsisting of the laying undergroundof mains, pipes, cables or otherapparatus for the purposes of theundertaking.

CLASS 26The carrying out by any electricityundertaking of development consistingof the laying underground of mains,pipes, cables or other apparatus for thepurposes of the undertaking.

CLASS 27The carrying out by any electricityundertaking of development consisting ofthe construction of over-headtransmission or distribution lines forconducting electricity at a voltage notexceeding a nominal value of 20kV.

CLASS 28The carrying out by any electricityundertaking of development for thepurposes of the undertaking consisting ofthe construction or erection of anoverhead transmission line not more than40 metres from a position in respect ofwhich permission for such line wasgranted and which otherwise complieswith such permission, but not a line inrespect of which a condition attached tothe relevant permission imposed acontrary requirement.

CLASS 29The carrying out by any electricityundertaking of development consisting of

The volume above ground level ofany such unit substation shall not

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the construction or erection of a unitsubstation for the distribution ofelectricity at a voltage not exceeding anominal value of 20kV.

exceed 11 cubic metres, measuredexternally.

CLASS 30The carrying out by An Post — ThePost Office of development consisting ofthe provision of—

(a) pillarboxes or other forms of letterbox,

(b) roadside boxes for the delivery ofmail,

(c) deposit boxes for the temporarystorage of mail for local delivery, or

(d) machines for the supply of stamps orprinted postage labels.

CLASS 31The carrying out by a statutoryundertaker authorised to provide atelecommunications service ofdevelopment consisting of the provisionof—

(a) underground telecommunicationsstructures or other undergroundtelecommunications works (includingthe laying of mains and cables and theinstallation underground of anyapparatus or equipment),

(b) overhead telecommunications, 1. Poles carrying overhead lines shall notexceed 10 metres in height.

2. Poles carrying other equipment shallnot exceed 10 metres in height and 0.6metres in diameter measured at the widestpoint, where "other equipment" meansone transmitting or receiving dish (thediameter of which shall not exceed 0.3metres), or one panel antenna (thedimensions of which shall not exceed 0.5metres in length x 0.3 metres in width x

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(c) telephone kiosks or other telephonefacilities in a public place not beingon, over or along a public road,

(d) equipment for transmitting orreceiving signals from satellites inspace,

(e) permanent telecommunicationsexchange and radio station containers,

0.2 metres in depth) used for theprovision of a specifictelecommunications service and theprovision of which would otherwiserequire an additional pole route carryingoverhead wires.

3.Where a pole or poles carry radiotransmitting or receiving apparatus, thefield strength of the non-ionisingradiation emissions from that installationshall not exceed the limits specified bythe Director of TelecommunicationsRegulation.

No such kiosk or facility shall be situatedwithin 10 metres of the curtilage of anyhouse, save with the consent in writing ofthe owner or occupier thereof.

1. No such equipment shall exceed 10metres in height

2. The diameter of any antenna shall notexceed 2 metres.

3. No such equipment shall be situatedwithin 10 metres of the curtilage of anyhouse save with the consent in writing ofthe owner or occupier thereof, or within10 metres of the window of a workroomof any other structure.

1. The equipment housed in the containershall be used exclusively for the purposesof concentrating and re-routing calls andthe container shall not have attached to itor within it, whether visible or not, anyantennae for the direct transmission orreception of mobile telephony or othertelecommunications signals in such a waythat the container would act as anantennae support structure.

2. No such container shall exceed 10metres in length, 3 metres in width or 3metres in height.

3. No such container shall be situatedwithin 10 metres of the curtilage of a

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(f) cabinets forming part of atelecommunications system,

(g) transportable radio installation,

house save with the consent in writing ofthe owner or occupier thereof, or within10 metres of the window of a workroomof any other structure.

4. The field strength of the non-ionisingradiation emissions from the radio stationcontainer shall not exceed the limitsspecified by the Director ofTelecommunications Regulation.

The volume above the ground-level ofany such cabinet shall not exceed 2 cubicmetres measured externally.

1. The height of the structure for such aninstallation shall not exceed 15 metres inheight and 2 metres in width at its widestpoint.

2. The installation may only be used

(a) to provide anticipated additionalcoverage at a sporting, social or otherevent, provided that the structure is notin place for more than 2 weeks before theevent or for a period exceeding 8 weekswhich shall include assembly anddismantling,

(b) for demonstration or simulationpurposes, whether to demonstrate thevisual effects of such structure in aparticular location or to measure theoutput, and such structure shall be inplace for a period of not more than 12weeks, or

(c) as a temporary replacement for astructure, which has been accidentally orotherwise incapacitated, and suchstructure shall be in place for a period ofnot more than 12 weeks.

3. The planning authority in whosefunctional area the installation is placedshall be notified by the statutoryundertaker in writing of the provision andpurpose of such installation before it ismade operational.

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(h) the attachment of additional antennaeto an existing antenna supportstructure,

(i) antennae for high capacitytransmission links by way ofattachment to existing high capacityantennae support structures,

1. The total number of such antennaeshall not exceed 12, of which not morethan 8 shall be dish type (whethershielded or not).

2. (a) The dimensions of any suchantenna provided shall not exceed thegreatest length, width or depth of anyantenna for mobile telephony ofcorresponding type already attached tothe structure.

(b) In any other case, the dimensions ofany such antenna provided shall notexceed—

(i) in the case of any panel type antenna,1.5 metres in length x 0.4 metres inwidth x 0.15 metres in depth,

(ii) in the case of any co-linear typeantenna, 5 metres in length x 0.1metres in diameter, and

(iii) in the case of any dish type antenna(whether shielded or not), 1.8 metresin diameter.

3. The attachment of such antennae shallnot result in the field strength of the non-ionising radiation emissions from the siteexceeding limits specified by the Directorof Telecommunications Regulation.

4. The attachment of such antennae maybe carried out by way of a platform onlywhere the antenna support structurealready incorporates a platform.

5. The height of the existing structure(including any antenna thereon) shall notbe exceeded.

1. The addition shall be of the dish typeantennae used for the sole purpose ofpoint to point communication.

2. The additional antennae shall notexceed the number provided for in the

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(j) an antenna support structure in placeof an existing antenna supportstructure,

existing design capacity of the supportstructure.

3. No new member shall be added to thestructure save by way of brackets or otherfixing systems used for the attachment ofthe additional antennae.

4.The maximum diameter of any addedantenna shall not exceed the width of thesupport structure at the point at which theadditional antenna is attached.

5. The planning authority in whosefunctional area the support structureexists shall be notified by the statutoryundertaker in writing of the attachment ofany such additional antennae at least 4weeks before the antenna or antennae areattached.

6. The attachment of such antenna shallnot result in the field strength of the non-ionising radiation emissions from theradio installations on the site exceedingthe limits specified by the Director ofTelecommunications Regulation.

1. The replaced structure shall beremoved no later than 4 weeks followingits decommissioning.

2. Where, for reasons of the integrity ofthe network or other operational reasons,the structure to be replaced remains inuse during the construction of thereplacement structure, the replacementstructure shall be located as near aspossible to the existing structure havingregard to construction activity and safetyrequirements and, in any case, noreplacement structure shall be locatedmore than 20 metres from the replacedstructure (measured from the base).

3. (a) The height of the replacementstructure shall not exceed the height ofthe replaced structure.

(b)(i) Subject to sub-paragraph (ii), the

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width of the replacement structureshall not exceed the width of thereplaced structure.

(ii) Where the replaced structure was 2metres or less in width, the width ofthe replacement structure may not bemore than twice the width of thereplaced structure, all measurementsto be taken at the widest point.

(c) Where the replaced structuredid not incorporate an antenna platform,the replacement shall not incorporatesuch a platform.

4.(a) Subject to sub-paragraph (b), theantennae to be attached to thereplacement structure shall not exceed thenumber of antennae on the replacedstructure.

(b) An additional 12 antennae for mobiletelephony may be attached to thereplacement structure, of which not morethan 8 of the additional 12 shall be of thedish type (whether shielded or not).

5. (a) The dimensions of any additionalantenna for mobile telephony shall notexceed the greatest length, width or depthof any antenna for mobile telephony ofcorresponding type on the replacedstructure.

(b) In any other case, the dimensions ofany antenna provided shall not exceed:

(i) in the case of any panel type antenna,1.5 metres in length x 0.4 metres inwidth x 0.15 metres in depth,

(ii) in the case of any co-linear typeantenna, 5 metres in length x 0.1metres in diameter, and

(iii) in the case of any dish type antenna(whether shielded or not), 1.8 metresin diameter.

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(k) antennae attached to the followingexisting structures-

(i) public or commercial buildings(other than education facilities,childcare facilities or hospitals) byway of attachment to roofs,facades, chimneys, chimney potsor vent pipes;

(ii) telegraph poles, lamp posts, flagpoles, CCTV poles;

(iii) electricity pylons.

6. The replacement of an antenna supportstructure together with any replaced oradditional antenna shall not result in thefield strength of the non-ionisingradiation emissions from the radioinstallations on the site exceeding thelimits specified by the Director ofTelecommunications Regulation.

1. The antenna shall be attached directlyto the structure (other than a structurewith a flat roof) and not by way of asupporting fixture.

2. In the case of a structure with a flatroof, a supporting fixture may be usedprovided that-

(a) the fixture does not exceed the heightof any existing parapet or railing on theroof by more than 2 metres, and

(b) access to the roof is not available toany person other than a person authorisedby the statutory undertaker.

3. Where an antenna is attached to thefaçade of a building or the exterior of achimney or vent, the colour of theantenna shall match and blend with thecolour of such façade, chimney or ventpipe.

4. Where the antenna is hidden inside achimney pot the existing chimney potmay be replaced by a chimney pot in asuitable material which shall be the samecolour, size and shape as the replaced pot,and the antenna shall not protrude beyondthe top of the chimney pot.

5. The planning authority in whosefunctional area the structure on which theantennae will be attached is situated shallbe notified by the statutory undertaker inwriting of the proposed location of anysuch structure at least 4 weeks beforesuch attachment.

6. The field strength of any such antenna

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shall not result in the field strength of thenon-ionising radiation emission from theradio installations on the site exceedingthe limits specified by the Director ofTelecommunications Regulation.

CLASS 32The carrying out by any person to whoman aerodrome licence within the meaningof the Irish Aviation Authority(Aerodromes and Visual Ground Aids)Order, 1998 (No. 487 of 1998) has beengranted, of development consisting of

(a) the construction or erection of anextension of an airport operationalbuilding within an airport,

(b) the construction, extension, alterationor removal of aprons, taxiways orairside roads used for the movementof aircraft and the distribution ofvehicles and equipment on the airside,within an airport,

(c) the construction, erection or alterationof visual navigation aids on theground including taxiing guidance,signage, inset and elevated airfieldlighting or apparatus necessary for thesafe navigation of aircraft, within anairport,

(d) the construction, erection or alteration

1. Where the building has not beenextended previously, the floor area of anysuch extension shall not exceed 500square metres or 15% of the existingfloor area, whichever is the lesser.

2. Where the building has been extendedpreviously, the floor area of any suchextension, taken together with the floorarea of any previous extension orextensions, shall not exceed 15% of theoriginal floor area or 500 square metres,whichever is the lesser.

3. The planning authority for the areashall be notified in writing not less than 4weeks before such development takesplace.

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of security fencing and gates, securitycameras and other measuresconnected with the security of airportinfrastructure, within an airport, or

(e) the erection or alteration ofdirectional locational or warningsigns on the ground, within an airport.

Development for amenity or recreationalpurposes

CLASS 33Development consisting of the layingout and use of land—

(a) as a park, private open space orornamental garden,

(b) as a roadside shrine, or

(c) for athletics or sports (other than golfor pitch and putt or sports involvingthe use of motor vehicles, aircraft orfirearms), where no charge is madefor admission of the public to theland.

The area of any such shrine shall notexceed 2 square metres, the height shallnot exceed 2 metres above the centre ofthe road opposite the structure and it shallnot be illuminated.

CLASS 34Works incidental to the maintenanceand management of any golf course orpitch and putt course, includingalterations to the layout thereof,excluding any extension to the area of agolf course or pitch and putt course.

CLASS 35Development consisting of—

(a) the carrying out by or on behalf of astatutory undertaker of any works forthe maintenance, improvement,reconstruction or restoration of anywatercourse, canal, river, lake or

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other inland waterway, or any lock,quay, mooring, harbour, pier, dry-dock or other structure forming partof the inland waterway or associatedtherewith, and any developmentincidental thereto,

(b) the erection or construction by or onbehalf of a statutory undertaker offacilities required in connection withthe operation, use or management ofa watercourse, canal, river, lake orother inland waterway.

1. The floor area of any buildingconstructed or erected shall not exceed 40square metres.

2. The height of any building constructedor erected shall not exceed, in the case ofa building with a pitched roof, 6 metresor, in any other case, 3 metres.

3. Any car park provided or constructedshall incorporate parking space for notmore than 24 cars.

CLASS 36(a) Development consisting of thecarrying out by or on behalf of a Stateauthority or other public body, on landused by the authority or body as a publicpark, of works incidental to that use,including the provision, construction orerection of any structure in connectionwith or for the purposes of the enjoymentof the park or which is required inconnection with or for the purposes of themanagement or operation of the park.

(b) Development consisting of thecarrying out by or on behalf of a Stateauthority or other public body on a naturereserve established in accordance withsection 15 of the Wildlife Act, 1976, asamended by sections 26 and 27 of theWildlife (Amendment) Act, 2000, ofworks (including the provision,construction or erection of structures) inconnection with or for the purposes of theenjoyment of the reserve or which arerequired in connection with themanagement or operation of the reserve.

1. The floor area of any buildingconstructed or erected shall not exceed 40square metres.

2. The height of any building or otherstructure constructed or erected shall notexceed 10 metres.

3. Any car park provided or constructedshall incorporate parking space for notmore than 40 cars.

CLASS 37

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Development consisting of the use ofland for any fair, funfair, bazaar or circusor any local event of a religious, cultural,educational, political, social, recreationalor sporting character and the placing ormaintenance of tents, vans or othertemporary or movable structures orobjects on the land in connection withsuch use.

1. The land shall not be used for any suchpurposes either continuously for a periodexceeding 15 days or occasionally forperiods exceeding in aggregate 30 days inany year.

2. On the discontinuance of suchuse the land shall be reinstated save tosuch extent as may be authorised orrequired by a permission under the Act.

Miscellaneous

CLASS 38Development consisting of the placingor erection on, or within the curtilage of,a building, or on any other land, occupiedby, or under the control of, a Stateauthority or an institution of the EuropeanUnion, of flags, banners or nationalemblems and any structures for thedisplay of flags, banners or nationalemblems.

CLASS 39The erection, placing or keeping on landof any lighthouse, beacon, buoy or otheraid to navigation on water or in the air.

Any such lighthouse, beacon, buoy orother navigational aid shall not exceed 40metres in height.

CLASS 40Works incidental to the use ormaintenance of any burial ground,churchyard, monument, fairgreen,market, schoolgrounds or showgroundexcept—

(a) the erection or construction of anywall, fence or gate bounding orabutting on a public road,

(b) the erection or construction of anybuilding, other than a stall or storewhich is wholly enclosed within amarket building, or

(c) the reconstruction or alteration of anybuilding, other than a stall or storewhich is wholly enclosed within a

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market building.

CLASS 41Works consisting of or incidental to—

(a) the carrying out of any works on landwhich are in accordance with, andnecessary for compliance with, theterms of any licence granted undersection 34 of the Local Government(Sanitary Services) Act, 1948, but notincluding the erection of any building,hut or chalet or the construction ofany road or hard-standing,

(b) the removal of any structure or objector the carrying out of any worksrequired by a planning authorityunder the provisions of the Act or anyother enactment,

(c) the carrying out of development incompliance with a notice undersection 12 of the Local Government(Water Pollution) Act, 1977 (No. 1 of1977),

(d) the carrying out of development incompliance with a notice undersection 26 of the Air Pollution Act,1987 (No. 6 of 1987),

(e) the carrying out of development incompliance with a condition orconditions attached to a fire safetycertificate granted in accordance withPart III of the Building ControlRegulations, 1997 other than theconstruction or erection of an externalfire escape or water tank, or

(f) the carrying out of development incompliance with a notice undersection 55 of the Waste ManagementAct, 1996 (No. 10 of 1996).

CLASS 42Development consisting of the use of 1. No more than 5 receptacles shall be

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land as a bring facility. provided.

2. The capacity of each receptacle shallnot exceed 4.5 cubic metres.

3. No such receptacle shall be situated ona public road.

4. No such receptacle shall be situatedwithin 50 metres of any house, save withthe consent in writing of the owner oroccupier thereof.

CLASS 43The excavation for the purposes ofresearch or discovery—

(a) pursuant to and in accordance with alicence under section 26 of theNational Monuments Act, 1930 (No.2 of 1930), of a site, feature or otherobject of archaeological or historicalinterest, or

(b) of a site, feature or other object ofgeological interest.

CLASS 44The sinking of a well, drilling of aborehole, erection of a pump, orconstruction of a pumphouse, for thepurpose of providing a domestic watersupply, or a group water supply schemein accordance with a plan or proposalapproved by the Minister or a localauthority for the purpose of making agrant towards the cost of such works.

CLASS 45Any drilling or excavation for thepurpose of surveying land or examiningthe depth and nature of the subsoil, otherthan drilling or excavation for thepurposes of minerals prospecting.

CLASS 46

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Development consisting of the provision,construction or erection by theCommissioners or the EnvironmentalProtection Agency, or by a local authorityoutside the functional area of theauthority, of any equipment or structurefor or in connection with the collection ofinformation on the levels, volumes orflows of water in rivers or otherwatercourses, lakes or groundwaters, andany development incidental thereto.

The gross floor space of any building orother structure provided, constructed orerected shall not exceed 8 square metresand the height of any such building orother structure shall not exceed 4 metres.

CLASS 47Development consisting of the provision,construction, installation or erection bythe Environmental Protection Agency, orby a local authority outside the functionalarea of the authority, of any equipment orstructure for or in connection with thecollection of information on air qualityincluding, on the level of pollutants in, orthe constituents of, the atmosphere, andany development incidental thereto.

1. Any equipment provided, constructed,installed, erected on or attached to anexisting structure shall not protrude morethan 2 metres in front of the building lineor 2 metres above the highest point of theroof.

2. The gross floor space of any buildingor other structure provided, constructed,installed or erected shall not exceed 20square metres and the height of anybuilding or other structure shall notexceed 3 metres.

CLASS 48The connection of any premises toa wired broadcast relay service,sewer, watermain, gas main or electricitysupply line or cable, includingthe breaking open of any street orother land for that purpose.

CLASS 49The construction or erection by aperson licensed under the WirelessTelegraphy (Wired Broadcast RelayLicence) Regulations, 1974 of acabinet as part of a wired broadcastrelay service.

The volume above ground level ofany such cabinet shall not exceed 1cubic metre, measured externally.

CLASS 50(a) The demolition of a building orother structure, other than—

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(i) a habitable house,

(ii) a building which forms part of aterrace of buildings, or

(iii) a building which abuts on anotherbuilding in separate ownership.

(b) The demolition of part of a habitablehouse in connection with the provision ofan extension or porch in accordance withclass 1 or 7, respectively, of this Part ofthis Schedule or in accordance with apermission for an extension or porchunder the Act.

CLASS 51The carrying out by the Commissionersof any works for the maintenance ofworks and structures for which, by virtueof the Arterial Drainage Act, 1945 or anyorder made thereunder, theCommissioners are responsible, and anydevelopment incidental thereto.

CLASS 52Development consisting of theconstruction or erection by a RegionalFisheries Board of—

(a) a footbridge,

(b) a fish pass,

(c) a fish screen or barrier,

(d) a walkway or fishing stand,

(e) a fish counter.

Any such footbridge shall notexceed 1.2 metres in width or 8metres in length.

Any such walkway shall not exceed1.2 metres in width, and any suchfishing stand shall not exceed 10square metres in area.

CLASS 53The carrying out of development belowthe high water mark pursuant to and in

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accordance with a licence under theFisheries (Amendment) Act, 1997 (No.23 of 1997) (including a licence deemedto be granted under that Act or theFisheries and Foreshore (Amendment)Act, 1998 (No. 54 of 1998)).

CLASS 54Reclamation of an area, not exceeding100 square metres, of foreshore for thepurpose of protecting a pier, slipway orother structure on the foreshore.

CLASS 55The erection on or within the curtilage ofa business premises, of a dish typeantenna used for the receiving andtransmitting of signals from satellites.

1. Not more than one such antenna shallbe erected on or within the curtilage of abusiness premises.

2. The diameter of any such antenna shallnot exceed 2 metres.

3. No such antenna shall be erected on, orforward of, the front wall of the businesspremises.

4. No such antenna shall be erected onthe front roof slope of the businesspremises or higher than the highest partof the roof of the business premises.