S.I. No. 454/2011 - Planning and Development (Amendment) (No. 2) Regulations 2011.

1. No such structure situated fully underground shall exceed 10 metres in length, 5 metres in width or 4 metres in depth.

2. No such structure that is totally or partially above ground shall exceed 5 metres in length, 5 metres in width or 4 metres in height.

3. All such structures shall have a solid, impervious roof.

4. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

”

Amendment of 12. of Schedule 5, Part 1 of the Regulations

5. The event shall not take place in the same location more than three times a year.

6. No advertisements shall be erected where they can be seen from any motorway or national primary road.

”

Amendment of Class 4 of Schedule 2, Part 3 of the Regulations

7. Classes 26, 27 and 28 of Schedule 2, Part 1 of the Regulations are amended by the substitution of “undertaker authorised to provide an electricity service” for “electricity undertaking”.

Substitution of Class 42 of Schedule 2, Part 1 of the Regulations

8. Class 42 of Schedule 2, Part 1 of the Regulations is substituted by the following

“

CLASS 42

Development consisting of

a) the use of land as a bring facility,

9. Schedule 2, Part 2 of the Regulations is amended by the insertion of the following after Class 16

“

CLASS 16A

Advertisements other than advertisements specified in Class 16 of this Part of this Schedule, announcing any local event promoted or carried on for commercial purposes.

10. Class 4 of Schedule 2, Part 3 of the Regulations is amended by the substitution of “construction, erection or maintenance” for “construction or erection”.

Substitution of Class 11 of Schedule 2, Part 3 of the Regulations

11. Class 11 of Schedule 2, Part 3 of the Regulations is substituted by the following

“

CLASS 11Development consisting of the carrying out of drainage of wetlands.

12. Classes 14 and 15 of Schedule 2, Part 3 of the Regulations are deleted.

Substitution of Class 17 of Schedule 2, Part 3 of the Regulations

13. Class 17 of Schedule 2, Part 3 of the Regulations is substituted by the following

“

CLASS 17(a) Peat extraction in a new or extended area of less than 10 hectares, or(b) Peat extraction in a new or extended area of 10 hectares or more, where the drainage of the bogland commenced prior to the coming into force of these Regulations.

”

Insertion of new Class 20 into Schedule 2, Part 3 of the Regulations

14. Schedule 2, Part 3 of the Regulations is amended by the insertion of the following after Class 19

“

Rainwater Harvesting

CLASS 20

Works consisting of the provision of a tank or tanks for the storage of rainwater collected from the roofs of agricultural buildings and any ancillary equipment to collect and distribute the rainwater.

15. Any project listed in this Part which does not exceed a quantity, area or other limit specified in this Part in respect of the relevant class of development but which would be likely to have significant effects on the environment, having regard to the criteria set out in Schedule 7.”.

Amendment of Schedule 12, Part 1 of the Regulations

16. Schedule 5, Part 1 of the Regulations is amended by the substitution of the following for 16

“16. Pipelines with a diameter of more than 800mm and a length of more than 40km

— for the transport of gas, oil, chemicals, and,

— for the transport of carbon dioxide (CO2) streams for the purposes of geological storage, including associated booster stations.”

Amendment of 17. of Schedule 5, Part 1 of the Regulations

17. Schedule 5, Part 1 of the Regulations is amended by the insertion of “or” after 17(b).

Amendment of Schedule 5, Part 1 of the Regulations

18. Schedule 5, Part 1 of the Regulations is amended

(a) by the insertion of the following after 22

“23. Storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide6.

19. Schedule 5, Part 2 of the Regulations is amended

(a) by the removal of 1(a) and 1(b),

(b) by the substitution of the following for 1(c)

“Development consisting of the carrying out of drainage of wetlands where more than 2 hectares of wetlands would be affected.”,

(c) by the removal of 1(d)(i),

(d) by the insertion of the following after 3(i)

“(j) Installations for the capture of CO2 streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations not covered by Part 1 of this Schedule.”,

(e) by the substitution of 100 for 1000 and 2 for 20 in 10(f)(ii),

(f) by the substitution of the following for 10(i)

“(i) Oil and gas pipeline installations and pipelines for the transport of CO2 streams for the purposes of geological storage (projects not included in Part 1 of this Schedule).”,

(g) by the insertion of the words “already authorised, executed or in the process of being executed” after “development” in 13(a),

and

(h) by the insertion of the following after 13

“14. Works of Demolition

Works of demolition carried out in order to facilitate a project listed in Part 1 or Part 2 of this Schedule where such works would be likely to have significant effects on the environment, having regard to the criteria set out in Schedule 7.

20. Schedule 12, Part 1 of the Regulations is amended by the substitution of the following for (dd)

“

(dd) An advertisement structure (being of a fingerpost type not exceeding 1 metre in length) consisting of a direction sign.

€50

”

Given under my Official Seal,

8 September 2011.

PHIL HOGAN, T.D.

Minister for the Environment, Community and Local Government.

EXPLANATORY MEMO

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The primary purpose of these Regulations is to amend the exempted development provisions of the Planning and Development Regulations 2001 (

S.I. No. 600 of 2001

), which have been updated and amended by the following Statutory Instruments

• Planning and Development Regulations 2002 (

S.I. No. 70 of 2002

).

• Planning and Development (No. 2) Regulations 2002 (

S.I. No. 149 of 2002

).

• Planning and Development Regulations 2003 (

S.I. No. 90 of 2003

).

• Planning and Development (Strategic Environmental Assessment) Regulations 2004 (

S.I. No. 436 of 2004

).

• Planning and Development Regulations 2005 (

S.I. No. 364 of 2005

).

• Planning and Development Regulations 2006 (

S.I. No. 685 of 2006

).

• Planning and Development Regulations 2007 (

S.I. No. 83 of 2007

).

• Planning and Development (No. 2) Regulations 2007 (

S.I. No. 135 of 2007

).

• Planning and Development Regulations 2008 (

S.I. No. 235 of 2008

).

• Planning and Development (Amendment) Regulations 2008 (

S.I. No. 256 of 2008

).

• Planning and Development Regulations 2010 (

S.I. No. 406 of 2010

).

• Planning and Development (Amendment) Regulations 2011 (

S.I. No. 262 of 2011

).

The principal change being made in these Regulations is that the exempted development threshold for drainage of wetlands is being reduced from 20 hectares to 0.1 hectares on foot of a decision of the European Court of Justice (Case C-66/06) of 20 November 2008; the threshold for mandatory environmental impact assessment for such drainage is being reduced to 2 hectares. Some other land reclamation activities (removal of field boundaries, etc.) are being exempted from the planning system as they will be subject to a new consent system under the Department of Agriculture, Fisheries and Food.

In addition new planning exemptions are being introduced in respect of portable waste disposal compactors, agricultural rainwater harvesting, temporary advertisement signs for local commercial events and the exemption in relation to paving of gardens is being amended.

The fee payable for a section 254 licence for placing of an advertisement structure on a public road is being reduced from €630 to €50 for a directional fingerpost sign.

These Regulations shall come into force on the date of signature.

24. Installations for the capture of CO2 streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations covered by this Part, or where the total yearly capture of CO2 is 1.5 megatonnes or more.”, and

(b) by the substitution of the following for the footnotes

1 Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site.

2 For the purposes of this Directive, ‘airport’ means airports which comply with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organization (Annex 14).

3 OJ No. L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 94/3/EC (OJ No. L 5, 7.1.1994, p.15).

4 OJ No. L 377, 31.12.1991, p. 20. Directive as last amended by Directive 94/31/EC (OJ No. L 168, 2.7.1994, p.28).

5 OJ No. L 135, 30.5.1991, p.40. Directive as last amended by the 1994 Act of Accession.

6 OJ No. L 140, 5.6.2009, p.114.

Amendment of Schedule 5, Part 2 of the Regulations