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Planning for the Business Person
This page sets out the main planning issues encountered by the business person. You will also find the pages, A Guide to Making a Planning Application and A Guide to the Building Regulations helpful.
This page is intended as a practical guide. It is not a definitive legal interpretation of planning law. For more information you may consult your local planning authority.
- Do I need planning permission?
- What is exempted development?
- Can a change of use be exempted development?
- What is a "material" change of use?
- Are there different types of permission?
- Where do I get planning permission?
- How do I make a planning application?
- Can I advertise without planning permission?
- Are there any limitations to exempted development?
- Where can I get more information on exemptions?
- What happens if exemption limits are exceeded?
- Should I consult the planning authority before carrying out exempted development?
- Should I consult any other bodies?
- Do Building Regulations Apply?
- Do other controls apply to me?
1. Do I need planning permission?
Generally, you need planning permission for any development of land or property unless the development is specifically exempted from this need. The term development includes the carrying out of any works (i.e. building, demolition or alteration) on,in,over or under any land and the making of a material (i.e. significant) change of use of land or buildings.
2. What is exempted development?
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law; relevant exemptions affecting the commercial area are outlined on this page. There are usually certain thresholds relating to, for example, size or height; where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature, such as certain interior alterations, small business advertisements, etc.
3. Can a change of use be exempted development?
Yes. There are 6 classes of use identified in the Planning and Development Regulations,2001. Development consisting of a change of use within any of these classes is exempted development. This applies provided that the change of use does not require the carrying out of any works needing planning permission and does not contravene a condition attached to an existing planning permission. In addition, planning permission is not required where a change of use is not "material".
4. What is a "material" change of use?
What constitutes a material change of use depends on the circumstances of each situation. Generally, any change of a substantial nature which has an impact or potential impact on neighbours or the local community will need planning permission. Examples include changing any premises to a fast food takeaway, changing a warehouse to an industrial use, etc. The planning authority can give advice on whether they consider any particular change of use is significant enough to be "material" for planning purposes. See Question 11 below for details of how An Bord Pleanála can resolve a question whether a development is or is not exempted.
5. Are there different types of permission?
Yes. There are three types of planning permissions. An application may be made for:
- permission;
- outline permission;
- permission following grant of outline permission
6. Where do I get planning permission?
From the planning authority for your area i.e. your local County Council, County Borough or Borough Corporation or Urban District Council.
7. How do I make a planning application?
For details on making a planning application see the page A Guide to Making a Planning Application or contact the planning authority.
8. Can I advertise without planning permission?
Certain advertisements and signs are exempted development:
- advertisements exhibited on business premises referring to the business, goods or services provided, but there are limitations:
- freestanding advertisements cannot be more than 2.5m high or more than 3 square metres in total area, and no more than 1.5 square metres of the overall total may be internally lit,
- advertisements attached to buildings cannot be more than 4m high. The area of these advertisements can be up to 0.3 square metres per metre of frontage, less the area of freestanding advertisements, and subject to a maximum of 5 square metres
- advertisements on "side" frontages cannot exceed 1.2 square metres or 0.3 square metres if internally lit, no letter or logo can exceed 0.3m in height,
- other projecting signs cannot exceed 0.4 square metres individually and their total area cannot exceed 1.2 square metres
- no advertisements can cover any part of a window,
- all advertisements out over the road or footpath must be at least 2m above ground and cannot project out more than 1m over the road or footpath.
- internally lit window displays and 'in shop' displays, but the window displays must be no larger than ¼ of the window area.
- advertisements within a structure,
- not more than one advertisement (up to 0.3m2) at an entrance to a premises relating to a business, trade, profession or public service carried on there. The size limit increases to 0.6m2 for public houses, blocks of flats, clubs, boarding houses and hostels so long as the advertisement is not illuminated. One advertisement per entrance is allowed if there are entrances on different roads.
9. Are there any limitations to exempted development?
All forms of development, which are normally exempted, lose this status and require planning permission if they:
- contravene a condition of a planning permission (you should always check the planning permission under which your premises was constructed or change of use permitted);
- endanger public safety by causing a traffic hazard or obstructing the view of road users;
- build forward of the building line;
- involve a new or wider access to a public road;
- affect a building, feature, site, etc., listed for preservation in the development plan or draft development plan (check your local development plan);
- obstruct a public right of way;
- include any works to, or changes to, an unauthorised structure or one where there is an unauthorised use. ("Unauthorised" means without the benefit of planning permission or exempted development status.)
10. Where can I get more information on exemptions?
The full list of exempted developments is set out in the Planning Act and Regulations. The planning authority can on payment of the prescribed fee advise on whether they consider planning permission is necessary, or not, in a particular case. If you disagree with the planning authority on whether planning permission is needed, you can obtain a formal ruling by making a "reference" to An Bord Pleanála for a fee. Further information.is available directly from the Board at 64 Marlborough St, Dublin 1 Tel No (01) 8588100
11. What happens if exemption limits are exceeded?
The limits must be observed and the planning authority has powers to stop the development if they are breached. If, due to an oversight an error is made, you should apply to the planning authority for permission to retain the work done. This is generally known as "retention" permission. It does not automatically follow that this will be granted. The fee for a retention application is three times the normal fee and you may have to take down, alter or rectify work done, which can be costly. Prosecution for breaches of planning law can result in heavy fines or imprisonment. You may also find it difficult to sell property which does not comply with planning requirements.
If buying property check that the building itself, any extensions or alterations and the present use, comply with planning requirements or you, as the new owner, may be liable to enforcement action.
12. Should I consult the planning authority before carrying out exempted development?
If you are satisfied that your development is exempted it is not necessary to check with the planning authority about planning permission before starting work. However, if you have any doubts or queries on any planning aspect you can contact the planning authority. See also Question 14 in relation to Building Regulations.
13. Should I consult any other bodies?
You should contact your local ESB office if your proposed works are near existing electricity lines, if there is a question of clearance heights under power lines or if the construction work will bring anyone within reach of the electricity supply to your premises. In fact, you must do so where any overhead lines come within 25 yards of the construction works.
14. Do Building Regulations Apply?
Generally, commercial development requires, in addition to planning permission, a fire safety certificate and must be in accordance with the building regulations. These regulations set out the basic design and construction requirements and apply to all new buildings and generally to extensions, alterations and changes of use of existing buildings. Details of the building regulations, fire safety certificates and of the associated procedures are available on the page A Guide to the Building Regulations. Further information may be obtained from the local authority.
You may also need other types of approval e.g. when making a new connection to a sewer. Contact your local authority in such cases.
15. Do other controls apply to me?
Particularly in the case of industrial undertakings, or if you are producing non-domestic type waste (e.g. a drycleaners), you may need to obtain a licence to discharge waste to water or to a sewer under the Local Government (Water Pollution) Acts, 1977 and 1990 or to the atmosphere under the Air Pollution Act, 1987. Certain activities will need to obtain an integrated pollution control licence from the Environmental Protection Agency instead of individual licences from the local authority under the Water Pollution and Air Pollution Acts; this will apply, in particular, to larger scale industrial activities. Most businesses involved in food preparation will also have to be registered with their local health board and comply with the requirements of the Food Hygiene Regulations; the Environmental Health Officer of your local health board will be able to give you details.
