COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Thursday, June 23, 2016

MOTION NO. 17

MOTION: Councillor G. O'Connell

"That the CEO provide this Committee with a definitive answer to the question: Is a car park in a Council Public Park exempt Development and if yes, can he quote the source for this assertion."

REPORT:

"The issue of whether a car park in a Council Public Park is exempt Development depends on its scale and consequently cost.

Article 80 in Part 8 of the Planning and Development Regulations 2001 – 2015 sets out development prescribed for purposes of section 179 of the Planning Acts

Article 80:

(1) Subject to sub-article (2) and sub-section (6) of section 179 of the Act, the following classes of development, hereafter in this Part referred to as ‘‘proposed development’’, are hereby prescribed for the purposes of section 179 of the Act —

(a) the construction or erection of a house,

(b) the construction of a new road or the widening or realignment of an existing road, where the length of the new road or of the widened or realigned portion of the existing road, as the case may be, would be—

(i) in the case of a road in an urban area, 100 metres or more, or

(ii) in the case of a road in any other area, 1 kilometre or more,

(c) the construction of a bridge or tunnel,

(d) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water,

(e) the construction or erection of water intake or treatment works, overground aqueducts, or dams or other installations designed to hold water or to store it on a long-term basis,

(f) drilling for water supplies,

(g) the construction of a swimming pool,

(h) the use of land, or the construction or erection of any installation or facility, for the disposal of waste, not being—

(i) development which comprises or is for the purposes of an activity in relation to which a waste licence is required or

(ii) development consisting of the provision of a bring facility which comprises not more than 5 receptacles,

(i) the use of land as a burial ground,

(j) the construction or erection of a fire station, a library or a public toilet, and

(k) any development other than those specified in paragraphs (a) to (j), the estimated cost of which exceeds €126,000, not being development consisting of the laying underground of sewers, mains, pipes or other apparatus.

(2)

(a) Subject to paragraph (b), this Part shall not apply to proposed development that a local authority that is a planning authority proposes to carry out outside its functional area.

(b) This Part shall apply to development of a class specified in sub-article (1) (b) or (c) that a local authority that is a planning authority proposes to carry out outside its functional area.

(c) This Part shall also apply to development which is carried out within the functional area of a local authority that is a planning authority, on behalf of, or in partnership with the local authority, pursuant to a contract with the local authority.

If the scale of the car park is such that the estimated cost does not exceed €126,000 as set out in Article 80(1)(k) above, it would be exempt.  If the cost exceeds €126,000, Part 8 provisions under the Planning and Development Regulations 2001 – 2015 would apply."