S.I. No. 269/2023 - Planning and Development Act 2000 (Exempted Development) (No.2) Regulations 2023


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd June, 2023.

WHEREAS I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, am of the opinion that development to which the following regulations apply would not offend against principles of proper planning and sustainable development by reason of the nature and limited effect of development belonging to that class on its surroundings; and

WHEREAS a draft of the following regulations has been laid before each House of the Oireachtas and a resolution approving that draft has been passed by each such House;

NOW I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by sections 4 (2) and 262 of the Planning and Development Act 2000 (No. 30 of 2000) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 )), hereby make the following regulations:

Citation and construction

1. (1) These Regulations may be cited as the Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2023.

(2) These Regulations shall be included in the collective citation the Planning and Development Regulations 2001 to 2023.

Amendment of Article 5(1) of the Principal Regulations

2. Article 5(1) of the Principal Regulations is amended by inserting the following definitions after the definition of “business premises”:

““bus pole”, means a pole, post, or other similar device affixed in a vertical or near vertical manner to the surface of a road for the purpose of supporting a bus pole sign;

“bus pole sign” means a sign or panel affixed to a bus pole displaying information in relation to a provision of public passenger transport services (as defined in the Dublin Transport Authority Act 2008 );”.

Amendment of Part 1 of Schedule 2 to the Principal Regulations

3. Schedule 2 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) is amended, in Part 1, by –

(a) the insertion of the following after Class 30:

CLASS 30A

The carrying out of development consisting of the removal, construction, erection or placing by or on behalf of the National Transport Authority, a public transport operator (as defined in the Dublin Transport Authority Act 2008 ) or a local authority of:

- bus poles or bus pole signs in connection with a public passenger transport service (as defined in the Dublin Transport Authority Act 2008 ).

The total height above ground of bus poles shall not exceed 3.6 metres in height.

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GIVEN under my Official Seal,

22 May, 2023.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.