COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 14, 2020

QUESTION NO. 9

QUESTION: Councillor Alan Edge

To ask in what circumstances planning permission would be required for a temporary outdoor structure, ie how a temporary structure is defined, whether there is a minimum prescribed number of days usage that would obviate the need for planning permission, what the threshold would be for planning permission in terms of dimensions or the nature of the structure itself.

REPLY:

The requirement for planning permission relating to a temporary structure can depend on a diverse number of variables, must notably with regard to the size of the structure, it’s siting, the proposed use of the structure, as well as the duration of its existence.

The provision of a temporary structure under Planning legislation is context specific and there is no single all-encompassing statutory measure that addresses all temporary structures, for example, the erection of a temporary structure that normally would constitute exempted development in a residential property may require planning permission within the curtilage of a protected structure.

A number of examples of where certain types of temporary structures can be provided are outlined as follows:

Events

Depending on the circumstances relating to the above, the provision of a temporary structure may necessitate the receipt of a licence if its use is associated with a licenced event. Notwithstanding this, temporary structures can be provided in association with a local event of a religious, cultural, educational, political, social, recreational or sporting character, subject to the land not been used for any such purposes either continuously for a period exceeding 15 days or occasionally for periods exceeding in aggregate 30 days in any year.

Planning Permissions

In instances where planning permission has been obtained for a particular form of development, certain structures can be erected on site on a temporary basis for the duration of that planning permission, which normally tend to be for a 5-year period.    

School Facilities

In relation to school facilities, temporary structures can be provided without planning permission subject to meetign certain criteria where permission has been separately obtained for a new school building, which is subject to ongoing construction activity. In this instance, no such structure shall be erected for a period exceeding 5 years.

State Authorities

It is worth noting that a range of temporary structures can be erected on behalf of the state as required in certain instances. In addition, it should be noted that under The Emergency Measures in the Public Interest (Covid-19) Act 2020 (the 2020 Act), the application of the Planning Act to certain classes of development carried out by, or on the behalf of, a State authority have been suspended, which may facilitate the construction of temporary structures as required without the need to apply for planning permission.

Conclusion

As detailed above, the provision of temporary structures under the Planning legislation is quite context specific, therefore, if there is a query relating to a specific type of use at a particular location, a question can be asked of the Planning Authority via the Section 5 process and a formal response will be issued as to whether a temporary structure requires planning permission or not.