COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 14, 2025

QUESTION NO. 10

QUESTION: Councillor L. de Courcy

To ask the Chief Executive if there are plans to review all current IPA Section 5 Exemptions granted within South Dublin to ensure all is in order, in light of recent events in Tipperary County Council.  

REPLY:

Section 5 of the Planning and Development Act 2000,as amended outlines a process through which individuals can seek formal clarification on whether a proposed development or a specific part of it would be considered exempt from the requirement to obtain planning permission.

All applications for Section 5 Declarations are examined on a case by case basis, specifically relative to the submission and the legislation at the time. 

Section 4(4) of the Planning and Development Act 2000, as amended, de-exempts development that would require an Environmental Impact Assessment or Appropriate Assessment.

Planning and Development (Exempted Development)(No. 4) Regulations 2023 (S.I. 376/2023) extended the exemption provided by S.I. 605 of 2022, from 31 December 2024 to 31 December 2028, to allow DCEDIY / IPAS greater flexibility in agreeing leases with potential accommodation providers for international protection applicants.  The change of use of the following types of accommodation come within an exemption Class 20F:

school, college, university, training centre, social centre, community centre, non-residential club, art gallery, museum, library, reading room, sports club or stadium, gymnasium, hotel, convention centre, conference centre, shop, office, Defence Forces barracks, light industrial building, airport operational building, wholesale warehouse or repository, local authority administrative office, play centre, medical and other health and social care accommodation, event and exhibition space or any structure or part of structure normally used for public worship or religious instruction.

The SDCC decisions and reports on applications for S5 declaration of exemptions are available on the SDCC website.