All development that is not exempted under planning law requires planning permission.
The Planning and Development Act 2000 and Planning and Development Regulations 2001 as amended set out categories of development that are exempted development (in other words, exempted from the general requirement to obtain planning permission).
The legislation sets out various thresholds relating to, for example height or size. If these thresholds are exceeded, then the exemptions no longer apply and planning permission is required.
A person is entitled to carry out exempted development subject to the terms of the legislation.
There is a mechanism provided under Section 5 of the Planning and Development Act 2000 as amended where any person on payment of the relevant fee (currently €80) may request a declaration from Cork City Council as to whether any particular constitutes development* or exempted development*.
(* these terms are specifically defined in planning law)
In other words, a Section 5 Declaration Request is the procedure to follow if you want Cork City Council to confirm in writing whether or not any particular development requires planning permission (in other words, whether or not any particular development is exempted development).
To request a Section 5 Declaration, you must:
- Submit the request in writing, preferably using the Section 5 Declaration Application Form
- Include the appropriate fee (currently €80)
- A detailed description of the proposal
- Provide as much information as is required to enable an assessment of the matter (for more guidance refer to the Notes on Section 5 Declaration Application Form)
Cork City Council may require an applicant to submit further information to enable the assessment and determination of the matter.
If, following the issuing of a Section 5 Declaration by Cork City Council, you are dissatisfied with the Council’s determination, you may on payment of a fee and within 4 weeks of the date of the declaration refer the matter to An Bord Pleanála for review – refer to An Bord Pleanála’s website for details.