COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, October 08, 2018
QUESTION NO. 16
QUESTION: Councillor L. O'Toole
To ask the Chief Exective if planning permission is required for installing temporary accommodation on lands within current and future Strategic Development Zones.
REPLY:
All development is subject to the provisions of the Planning and Development Act 2000 (as amended), which necessitates the requirement to apply for planning permission for residential accommodation whether temporary or permanent in nature.
Notwithstanding this, certain exempted development provisions apply, most notably Local Authority own development under section 179 of the Planning and Development Act 2000 (as amended), which facilitates the construction of a house in accordance with article 80(a) of the Planning and Development Regulations 2001 (as amended) or the carrying out of works where the estimated cost of which does not exceed €126,000, as per article 80(k) of the Planning and Development Regulations 2001 (as amended).
In addition to the above, certain exemptions exist under Part 3, Class 1 of the Planning and Development Regulations 2001 (as amended) for the temporary use of land for campervans or caravans, subject to 10 day limitations, as well as the structures not being located within 50m of any public road or being placed within 100m of another campervan or caravan.
It is worth noting that provision also exists under Section 179(6)(b) of the Planning and Development Act 2000 (as amended) for where a situation may arise that “is necessary for dealing urgently with any situation which the Chief Executive considers an emergency situation calling for immediate action”, which negates the requirement to apply the full planning procedures on the part of the relevant Local Authority. In such an instance, the installation of temporary accommodation on lands by a Local Authority would not be subject to the normal Local Authority planning provisions, as per Section 179 of the Planning and Development Act 2000 (as amended).