The Gazette 1994

GAZETTE

JULY 1994

as a restaurant without planning permission. The position has now been changed following the alteration of the definition of a shop under Article 8 of the 1994 Regulations. This revised definition specifically excludes the use of a shop as a restaurant or funeral home, or for the sale of hot food for consumption off the premises. The use of such areas for the provision of services to visiting members of the public is also specifically excluded. However, the sale of sandwiches or other cold food for consumption off the premises falls with the revised definition. Whether there is in fact a contravention of the relevant provision is quite literally a matter of degree. This change is likely to have a major impact on those who acquired property with an established retail use in the expectation that it could automatically be used for some of the uses indicated above. They may now find that planning permission will be required for such a change and there is no guarantee that such permission will be forthcoming. However, restaurants developed by the State within national parks will be exempted development. Under the 1977 regulations the laying out and use of land for sport and recreation was generally exempted development. This provision has been amended so that as and from May 16, 1994 the development of golf and pitch and putt courses will now require planning permission. Similarly, lands to be developed for motor vehicle, aircraft or firearms sports will also be subject to planning control. The development of lands for use as burial grounds will no longer be exempt from planning control. Amenity and Recreational Development

in force and have remained essentially unchanged in the new regulations. The range of animals to which such buildings apply have been extended to include goats, deer and rabbits. It is now exempted development to erect a roofed structure for the keeping of horses and ponies, if the floor area does not exceed 1 OOsq metres, and structures for the keeping of greyhounds where the area does not exceed 50sq metres. These latter exemptions were necessary as horses and greyhounds are not usually kept for the purposes of agriculture and therefore buildings housing such animals were not exempted under the agricultural exemptions. It has always been the case that developments which are subject to an environmental impact assessment will not be an exempted development. The regulations restate this principle and provide in addition that developments subject to the Environmental Protection Agency will not be exempted development. This would appear to link inextricably the planning and environmental control Article 10 places restrictions on the exemptions contained in the regulations. This has been modified in a number of areas. The provision dealing with traffic safety has been broadened so that any development which endangers public safety, or obstructs road users, will not be exempted under the regulations. The restriction on exemptions for developments on views or prospects specified in a development plan for preservation has also been extended. Developments which "interfere with" such views will not be exempt whereas under the former provision they had to "restrict" such views. Environmental Protection Agency procedures, particularly as developments subject to the Environmental Protection Agency will in addition require an environmental impact statement. Restrictions on Exemptions

the development plan or draft development plan have been i rationalised and extended.

Any extension, alteration or demolition of a building which conflicts with an objective of the development plan has now lost its status as an exempted advertisements that may be exhibited on such buildings or structures and the erection of satellite dishes on such structures will not be exempted (however, satellite dishes erected on dwelling houses which are not listed are exempt, provided that the diameter of the dish is less than one metre). Article 12 is a saver for development commenced before 16 May 1994. If such development was exempted under a provision revoked by the new regulations it will, if commenced before May 16, continue to be exempted development. Part IV of the 1994 Regulations contains the procedural requirements for the making and processing of planning applications. These are now significantly different from those which pertained under the previous regulations. Planning authorities now have a duty to examine whether an application complies with the regulations, and the power to reject applications in which significant non-compliance is evident. There are now additional requirements as to what a planning application must contain, including the name and address of the applicant's agent, the applicant's address for correspondence, the name of the owner (where the applicant is not the owner) and a location map showing the lands. This information was often submitted with an application in the past, but submission is now mandatory, and if an applicant fails to comply the application will be deemed invalid. Planning authorities now have a duty to examine whether an application complies with the regulations, and the development. There are new restrictions on the types of Planning Applications

Agricultural Buildings

The broad exemptions which were present in the former regulations re- lating to agricultural buildings continue

The restrictions relating to buildings or structures listed for preservation in

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