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A Guide to
Planning for
the Business
Person
Planning
Leaflet 10
A Guide to Planning for the Business Person
A Guide to Planning for the Business Person • 3
Introduction The term development includes the carrying
It is important that business owners out of works (i.e. building, demolition
understand and are aware of the planning or alteration) on, in, over or under any
process. land or buildings, and making a material
(i.e. significant) change of use of land or
This leaflet sets out some key planning issues buildings.
for business owners. You may also find these
other leaflets helpful: 2. Are there different types of
planning permission?
• Planning Leaflet 2 – “A Guide to the Yes. There are two types of planning
Development Plan”, permission. You can apply for:
• Planning Leaflet 3 – “A Guide to Planning
Permission”, • permission, or
• Planning Leaflet 4 – “A Guide to Making a • outline permission.
Planning Application”,
• Planning Leaflet 5 – “A Guide to Making a The most common type of application
Planning Appeal”, and is for permission, sometimes referred to
• Planning Leaflet 14 – “Strategic as full permission. An application for full
Infrastructure Development”. permission requires detailed plans and
particulars of the proposed development.
This leaflet is intended as a practical guide.
It is not a definitive legal interpretation of There can be circumstances when you may
planning law. want to apply for outline permission. For
example, you may wish to see if the planning
For more information, you should consult your authority agrees with your proposed
local planning authority (city or county council). development in principle but you may not
want to incur the expense of preparing
1. Do I need planning permission? detailed plans.
You will generally need planning permission
if you construct a building for business If outline permission is granted, you must
purposes or if you materially change the use obtain full permission before starting
(see Question 8 below for definition) of an work. In most cases, an application for
existing building for business purposes. full planning permission must be made
within three years from when the outline
Planning permission is required for any permission is granted.
development of land or property, unless the
development is specifically exempted.
A Guide to Planning for the Business Person • 4
Outline permission cannot be sought for: 4. How do I make a planning
application?
• the retention of a structure; For details on making a planning application
• works to a protected structure or a see Planning Leaflet 4 – “A Guide to Making
proposed protected structure; or a Planning Application” in this series, or
• development which requires an contact your planning authority.
environmental impact assessment (EIA),
integrated pollution control (IPC) licence 5. What is exempted development?
or a waste licence. Exempted development is development for
which planning permission is not required.
3. Where do I get planning Categories of exempted development are
permission? set out in planning law. Exemptions for the
You lodge your application for planning business sector are outlined in this leaflet.
permission with the planning authority
for your area, which will be one of the 31 There are usually conditions relating to
local authorities (city or county councils). exempted development. For example
Applications for planning permission for use, size or height. Where these are
certain types of major developments, known exceeded, the exemptions no longer apply.
as strategic infrastructure, are made directly Exemptions enable you to undertake minor
to An Bord Pleanála. developments without planning permission,A Guide to Planning for the Business Person • 5
such as changing certain types of use of a The definition of a shop does not include
business premises, some interior alterations funeral homes, hotels, restaurants, public
and small business advertisements. houses or for the sale of hot food or
intoxicating liquor off the premises
6. What are the ‘classes’ of use? (subject to certain conditions).
There are 11 classes of use identified in
Part 4 of Schedule 2 of the Planning and Class 2 incorporates uses for providing
Development Regulations 2001, as amended. financial services, professional services
These use classes allow planning authorities (other than health or medical services and
to manage the long-term planning of urban other services including use as a betting
areas and to achieve the right mix of uses in office). Other categories in the 11 use classes
different parts of cities and towns. cover a range of other office, storage, light
industrial, accommodation, religious, health,
In addition, the relevant development plan childcare, community and cultural uses.
may include objectives regarding what uses
or mix of uses will be permitted in deciding 7. How do I know if a change of
planning applications in a given part of a city use is exempted development?
or town. This may include a key retail area. A change of use in one of the 11 use classes
will generally not be considered a material
Under the 2001 regulations, as amended, change and will be regarded as exempted
class 1 includes use of a shop. This includes development.
structures used for the sale, display or
delivery of a service principally to the For example, within class 1, changing the
public and for the retail sale of goods. use of a grocery shop to a hairdresser will
The definition of a shop also includes: not normally require planning permission,
but converting a shop to a public house
• post offices, or to a betting office will require planning
• ticket outlets and travel agencies, permission due to the differences in
• units that sell sandwiches or other food for impacts. A planning application allows the
consumption off the premises (subject to planning authority to decide if the change
certain conditions), of use is appropriate in the context of the
• hairdressers, development plan. It also lets the public
• units for hiring out domestic or personal comment on the proposed use.
goods,
• launderettes or drycleaners, and The Planning and Development Regulations
• units which receive goods for cleaning or 2001, as amended, outline the changes of
repair. use which are exempted development. These
include changing the use of takeaways,A Guide to Planning for the Business Person • 6
motor garages, public houses, funeral building that was approved for warehousing
homes, amusement arcades, financial, or storage purposes, as a manufacturing
professional services and betting offices to premises.
use as a shop.
It is very important for business owners
Changes of use without planning permission considering changing the use of their
must ensure that: premises to familiarise themselves with the
relevant planning requirements. They should
• there are no physical works requiring also consult with the planning authority
planning permission; who will advise on whether it considers a
• that no conditions attached to any existing particular change of use to be significant or
planning permission are contravened; and ‘material’.
• a range of conditions relating to all
exempted development. Question 14 below explains how your
planning authority can determine whether
In addition, changing use from an a development is exempt.
unauthorised use will require planning
permission unless the change is to an 9. Are there other exemptions
authorised use which is still being carried that apply to businesses?
out. Planning permission is not required The 2001 regulations, as amended, provide
where a change of use is not ‘material’. several categories of development regarded
Consult with your planning authority if in as exempted development for business and
doubt (see also Question 14). industrial activities, including:
8. What is a ‘material’ change • storing raw materials, products, packing
of use? materials, fuel or waste within the
A ‘material’ change of use is any change boundaries of an industrial building,
that substantially affects neighbours or the provided that the stored material relates
environment. What constitutes a material to the premises and is not visible from any
change of use depends on individual adjacent public road;
circumstances. A material change of use • providing a hard surface at an industrial
always needs planning permission. premises to be used for a purpose related
to the premises and providing, re-arranging
For example, using part of a domestic or maintaining sewers, mains, pipes or
residence as a car repair business will cables;
generally represent a material change of
use. Another example would be using aA Guide to Planning for the Business Person • 7
• carrying out work specified by a local as amended, is strongly advised. Some of the
authority to prevent water or air pollution most common categories of advertisements
or in a derelict site notice; that are exempted developments for
• drilling or excavation to survey land or businesses under these regulations include:
examining the depth and nature of the
subsoil; • Advertisements displayed on business
• placing or maintaining movable premises referring to the business, goods
appliances, apparatus or structures on or services provided on those premises
a public road (e.g. a free-standing menu as long as they comply with the following
board outside a restaurant) as long as they conditions:
are licensed by the planning authority; and – the total area of advertisements affixed
• scaffolding, plant or machinery put on to the front of a building must not
the land itself or on adjoining land where exceed 0.3 square metres per metre of
permitted development is taking place. frontage, less the area of freestanding
This land must be re-instated when the advertisements and subject to a
development is completed. maximum of five square metres;
– advertisements affixed to the face of a
10. What about advertisements building other than the front must not
for businesses, when do these exceed 1.2 square metres or 0.3 square
need planning permission? metres if internally lit;
Certain smaller advertisements and signs
are exempted development. Careful
consultation of the 2001 regulations,A Guide to Planning for the Business Person • 8
– any freestanding advertisements must • Advertisements within a structure that
not exceed 2.5 metres in height or three are not visible from outside the structure
square metres in total area, and not more provided that not more than one
than 1.5 square metres of the overall advertisement (up to 0.3 square metres)
total area of the advertisement may be is placed at an entrance to a premises
internally lit; relating to a business, trade, profession
– advertisements attached to buildings or public service carried on there. The
must not exceed four metres in height; size limit increases to 0.6 square metres
– where any advertisement projects out for public houses, a blocks of flats, clubs,
over a public road by more than five boarding houses and hostels, so long
centimetres, it must be at least two as the advertisement is not illuminated
metres above ground level and cannot or 2.5 metres above ground level. One
project out more than one metre over advertisement per entrance is allowed, if
such road; there are entrances from different points.
– where any advertisement consists of
a circular sign and projects more than If you wish to erect signs that are not covered
five centimetres over a public road, the by the regulations and their conditions, you
diameter of the sign must not exceed one will need planning permission.
metre;
– other projecting and swinging signs Constructing, lowering, repairing or
cannot exceed 0.4 square metres replacing fences (not hoarding or sheet
individually and their total area must metal palisade/security type) and walls of
not exceed 1.2 square metres; brick, stone, blocks with decorative finish
– no advertisements can contain a symbol other than concrete blocks or mass concrete
or logo exceeding 0.6 metres in height or is exempted development subject to the
a letter 0.3 metres in height; and following:
– no advertisements can cover any part of
a window. • the height of any new structure must
• Illuminated advertisements exhibited not exceed 1.2 metres or the height of a
as part of a shop display and other structure being replaced, whichever is the
advertisements affixed to the inside of greater and must not exceed two metres in
shop windows, where they are no larger height;
than one quarter of the window area.A Guide to Planning for the Business Person • 9
• any wall, other than a dry or natural stone boundaries, structures and uses, noise levels
wall, bounding a road must be capped and and finishes. Please consult your planning
the face of any wall of concrete or concrete authority.
blocks (other than blocks of a decorative
finish) which is visible from a public place Placing solar panels on or within the
must be rendered or plastered. curtilage of an industrial building and its
ancillary buildings and business premises
Gates and gateways may be built or replaced is also exempt. This is provided that the
providing they do not exceed two metres in building is not a protected structure and the
height. area of the panel does not exceed 50 square
metres for industrial premises, 25 square
You will need planning permission if you metres for business premises and the area
wish to make a new or wider access to the of the panels being not more than 50% of
public road. the total roof area and other conditions.
The height of freestanding solar arrays must
12. I want to reduce my business’ not exceed two metres at the highest point
carbon footprint, are there above ground level.
exemptions for renewable
energy? Please note that other limitations apply and
Yes. Constructing, erecting or placing one you are advised to contact your planning
wind turbine within the curtilage (this means authority for advice before installation.
any land or outbuildings which are currently There are also detailed exemptions for
or were used for the purposes of the combined heat and power and heat pump
structure) of an industrial or light industrial facilities which your planning authority can
building is exempted development. On the advise on.
condition it is not erected on or attached
to the premises, or building or any other 13. Are there any limitations to
structure within the curtilage of the building. exempted development?
Exempted development requires planning
In addition, the total height of the turbine permission where any such development:
must not exceed 20 metres, the rotor
diameter must not exceed eight metres • contravenes a condition of a planning
and the minimum clearance between the permission (you should always check the
lower tip of the rotor and ground level planning permission your premises was
must be at least three metres. The 2001 built under or the change of use permitted);
regulations, as amended, also specify other
conditions relating to distances from certainA Guide to Planning for the Business Person • 10 • endangers public safety by causing a traffic • obstructs a public right of way; or hazard or obstructing the view of road • includes any works to, or changes to, an users; unauthorised structure or one where there • modifies a building such as to present is an unauthorised use. major accident hazards; • is built forward of the building line (as (‘Unauthorised’ means without the benefit specified in the development plan or draft of planning permission or exempted development plan); development status). • involves a new or wider access to a public road; 14. Where can I get more • affects a building, feature, site, etc., listed information on exemptions? for preservation in the development plan The full list of exempted developments or draft development plan (check your is contained in the Planning Acts and local development plan); Regulations (details at the end of this leaflet). • relates to a protected structure or a structure in an architectural heritage area; Your local planning authority will advise • interferes with the character of a in writing whether they consider planning landscape; permission is necessary in a particular case.
A Guide to Planning for the Business Person • 11
You can ask your local planning authority first steps in this process is to serve statutory
to provide a written declaration stating if a notices.
particular development is exempted. You will
need to pay for this. The planning authority If, due to an oversight an error was made,
can advise on the cost. You may need to you should apply to the planning authority
give the planning authority details including for permission to retain the work. This is
maps and drawings to help them make their generally known as ‘retention’ permission. It
decision. does not automatically mean that the works
done will be granted permission.
If you disagree with the planning authority’s
declaration you can obtain a formal ruling As unauthorised development has occurred,
by referring the decision to An Bord Pleanála the planning application fee for a retention
and paying a fee. Further information is application is three times more than the
available directly from the Board at 64 standard fee. You may have to take down,
Marlborough Street, Dublin 1, telephone alter or rectify work done, which can be
(01) 8588100 or on their website on costly.
www.pleanala.ie.
Prosecution for breaches of planning law
15. What happens if exemption can result in heavy fines and in some cases
limits are exceeded? imprisonment. You may also find it difficult
Where a condition relating to exempted to sell property which does not comply with
development has been exceeded, then planning requirements. If buying property,
a breach of planning legislation has check that the building and any extensions
occurred and the business has undertaken or alterations comply with planning
unauthorised development. That is why it requirements or you, as the new owner,
is important to check first, then carry out may be liable to enforcement action.
the development or change use, rather than
find yourself in breach of planning law and 16. Should I consult any other
open to complaints and/or prosecution with bodies?
negative consequences for the business. You should contact your local ESB office
if your proposed works are near existing
The planning authority has powers to electricity lines or if the construction
prevent or stop unauthorised development work will bring anyone within reach of the
and to restore the site to its original electricity supply to your premises.
condition through planning enforcement
and prosecution powers in the courts. TheA Guide to Planning for the Business Person • 12
You must contact the ESB where any Before carrying out certain activities, it
overhead lines come within six metres of may be necessary to obtain an integrated
the construction works. You must give two pollution control licence from the
months’ notice to ESB Networks if you intend Environment Protection Agency, instead of
to carry out any construction activity within individual licences from the local authority
six metres of overhead lines. Underground under the Water Pollution and Air Pollution
service providers (e.g. gas, electricity, water, Acts.
sewerage) should be consulted to avoid
damage to pipes or ducting etc. before This will apply, in particular, to larger
commencing work. Information videos, scale industrial activities. Most businesses
particularly “Lifelines” and “Power 2 Shock” involved in food preparation will also have to
and an information poster on the “avoidance be registered with their local HSE office and
of electrical hazards when working near comply with the requirements of the Food
overhead lines” are available from ESB Hygiene Regulations 2000, as amended. The
Networks. environmental health officer of your local
HSE office will be able to give you details.
17. Do building regulations apply? Leaflets are available from the Food Safety
Generally, commercial development Authority of Ireland, The Exchange, George’s
requires, in addition to planning permission, Dock, IFSC, Dublin 1 (01) 8171300 or at
a fire safety certificate and a disability access www.fsai.ie.
certificate, and must be built in compliance
with building regulations. These regulations You can obtain further information
set out the basic design and construction from your planning authority. The law
requirements and apply to all new buildings governing the planning system is set out
and generally to extensions, alterations and in the Planning and Development Act
changes of use of existing buildings. Further 2000, as amended and the Planning and
information can be obtained from your local Development Regulations 2001, as
authority. amended. You can purchase these from
the Government Publications Sales
18. Do other controls apply? Office, telephone (01) 6476834 or at
Particularly in the case of industrial publications@opw.ie or download them
undertakings, or if you are producing non- for free from the Department of Housing,
domestic type waste (e.g. a drycleaners), you Local Government and Heritage’s website
may need to obtain a licence to discharge www.gov.ie/housing. Legislation is also
waste to water or to a sewer under the Local available to view and download from:
Government (Water Pollution) Act 1997, as www.irishstatutebook.ie.
amended, or to the atmosphere under the
Air Pollution Act 1987, as amended.Office of the Planning Regulator Fourth Floor (West Wing) Park House Grangegorman 191-193A North Circular Road Dublin 7 D07 EWV4 opr.ie info@opr.ie 01 854 6700 Disclaimer: Issued January 2021. While every care has been taken in the preparation of this planning information leaflet, the Office of the Planning Regulator assumes no responsibility for and gives no guarantees concerning the accuracy, completeness or up to date nature of the information provided and accepts no liability arising from any errors or omissions. Please notify any errors, omissions and comments by email to info@opr.ie
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