Local Government (Planning and Development) Act, 1963

Exempted development.

4.—(1) The following shall be exempted developments for the purposes of this Act:

(a) development consisting of the use of any land for the purposes of agriculture or forestry (including afforestation), and development consisting of the use for any of those purposes of any building occupied together with land so used;

(b) development by the council of a county in the county health district;

(c) development by the corporation of a county or other borough in such borough;

(d) development by the council of an urban district in such district;

(e) development consisting of the carrying out by the corporation of a county or other borough or the council of a county or an urban district of any works required for the construction of a new road or the maintenance or improvement of a road;

(f) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the breaking open of any street or other land for that purpose;

(g) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures;

(h) development consisting of the use of any structure or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(i) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949 .

(2) (a) The Minister may by regulations provide for any class of development being exempted development for the purposes of this Act and such provision may be either without conditions or subject to conditions and either general or confined to a particular area or place.

(b) Regulations under this subsection may, in particular and without prejudice to the generality of the foregoing paragraph, provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act.

(3) References in this Act to exempted development shall be construed as references to development which is—

(a) any of the developments specified in subsection (1) of this section, or

(b) development which, having regard to any regulations under subsection (2) of this section, is exempted development for the purposes of this Act.