Cobra Exempted Development Overview - User & Service Manual PDF (EN)

Exempted Development Legal Basis: Key Principle: The burden Definition: Works that Purpose: To avoid unnecessary planning do not require full planning permission. controls on minor of proof lies on the owner to ensure strict works compliance with all conditions. Planning and Development Act 2000 (as amended). Planning and Development Regulations 2001 (as amended).

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Legal Certainty & Section 5 Declarations WHAT IS IT? A FORMAL COUNCIL COSTS & TIME: €80 FEE WITH A 4- THE 2024 ACT CHANGE: NOW, ONLY THE OWNER, APPEALS: CAN BE REFERRED TO AN DECISION CONFIRMING IF A PROJECT IS "EXEMPT." WEEK DECISION TIMELINE. OCCUPIER, OR SOMEONE WITH COIMISIUN PLEANLA (€220). WRITTEN CONSENT CAN APPLY (RESTRICTING THIRD-PARTY "LOOK- INS").

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AA screening Determinations – Competent Authority Key Legal Considerations The Law: Under Article 6(3) of the EU Habitats Directive and Section 177U of the Planning and Development Act, any project that may impact a Natura 2000 (European) site requires an AA screening to decide if a full Appropriate Assessment is needed. The "Exempted" Catch: Even if a structure normally falls under exempted development classes (e.g., small extensions), this exemption is removed if the project is likely to have significant effects on a European site (Special Area of Conservation or Special Protection Area). The Competent Authority:

The relevant planning authority will review your proposal and make this official determination

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Conditions & Limits: Every exemption has strict criteria (height, area, placement). Breach one, and the entire development is unauthorised. Core Principles and recent Updates De-exemption: Exemptions are lost if they: •Affect the character of a Protected Structure . •Are located in an Architectural Conservation Area (ACA) . •Violate conditions of a previous planning permission. •Any project that may impact a Natura 2000 (European) site requires an AA screening 2024–2026 Outlook: Legislative Change Planning and Development Act 2024, uncertainty and opportunity for revised exempted regulations.

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