Exempt Development Under PDA 2024

Streamlining the planning process?

PDA 2024 and Exemption

Unlike the Planning and Development Act 2000 (“PDA 2000”), the Planning and Development Act 2024 (“PDA 2024”) does not itself describe any development as 'exempt development', exempt from the requirement to obtain Planning Permission. All development which is to be exempted for the purposes of the new Act will be defined in separate Regulations (“prescribed”) (s2 and s9(1)).

The Government's Planning and Development Act 2024 Implementation Plan (March 2025) (“the Implementation Plan”) sets out the process of implementation of PDA 2024 in respect of exempt development.

What follows looks at the current review of exempt development regulations, a case study of an existing exemption, the process of formulating the new regulations and their commencement. Some of the latter content is only available to paid subscribers.

Reviewing Existing Regulations

In September 2023, the Government commenced a review of all of the (100+) Regulations made under PDA 2000, amounting to approximately 1,200 pages (Implementation Plan, p14). I don't think that can include the Planning and Development Regulations 2001 (“PDR 2001”) which alone account for nearly 700 pages. The existing Regulations providing for exempt development (consolidated in Part 1 of Schedule 2 PDR 2001) have also been reviewed.

Exempt development is one of “a small number of areas for which major revision of existing regulations or entirely new regulations are required.” (Implementation Plan, p14).

A Case Study

Article 10 PDR 2001 provides for changes of use exempt from any requirement of planning permission.

Article 10(1) renders exempt any change of use within the Classes of use set out in Part 4 Sch 2 PDR 2001 subject to a number of limitations one of which excludes from the provision any change of use requiring works for which planning permission would be required.

Art 10(6) refers to a “relevant period” of 8 February 2018 to 31 December this year. It is concerned with changes of use from certain Classes including shops, offices, guesthouses and pubs to residential use (10(6)(a) and (b)).

Crucially, Art 10(6)(c) creates an exception to 10(1) by providing that where a change of use is proposed within 10(6)(b) and the relevant structure was completed before 2018, has at some time been used for a 10(6)(b) use and has been vacant for at least two years then the proposed development (the change of use) “and any related works” (all emphasis added) will be exempt development subject only to the limitations referred to in Article 10(6)(d)( i – xii).

This exception was created by Article 3 of the Planning and Development Act (Exempted Development) Regulations 2022, SI 75/2022. This exemption has been used extensively by small to mid-size developers to convert vacant shops, offices and pubs to residential use in town centres across the State. Concern has been expressed to me recently regarding its expiry at the end of this year (10(6)(d)(i)). This is (hopefully) exactly the sort of provision which the Government's review of existing exempt development Regulations will have considered.

If this provision is not extended (either individually or within new Exempt Development Regulations) there will be significant concern among many developers regarding conversion projects which have begun but which may need to be completed by the end of the year. Most internal work will be exempt in any event under s4(1)(h) PDA 2000 but there will inevitably be work outstanding and outside of this exemption.

Many small to medium sized businesses will be waiting to see the Draft Exempt Development Regulations. The livelihoods of developers and builders - and the housing they create - may be dependent upon their content.

The New Regulations

The new Regulations “will be based on existing provisions regarding exemptions under [PDA 2000] and [PDR 2001]. All existing exemptions will be reviewed and updated where necessary. The purpose of consultations is to identify classes of exemption and associated limitations which require updating for technical reasons (volume, location, specification) and to identify where new exemptions may be appropriate due to new technologies (renewable energy, energy efficiency) or emerging national priorities. The draft regulations with input from the consultations will be reviewed by legal counsel and submitted for environmental screening (SEA/AA). Following review and screenings, regulation will be finalised in draft form.” (Implementation Plan, p19)