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Development Applications

The term ‘development’ is defined in section 30(2) of the Development Planning Act, 1992 as follows:

‘For the purposes of this section, and, unless the context otherwise requires, for all other purposes in this Act, ‘development’ means the carrying out of building, engineering, quarrying, mining or other operations for the construction, demolition or alterations in, on, over, or under any land or the sea or the making of any material change in use of land or building other than:

(a) maintenance operations, which affect only the interior of a building or do not materially affect the external appearance of the building;
(b) internal alterations to a building which do not affect the external configuration or appearance thereof and comply with any regulations made under section 60 of this Act;
(c) the use of land for agriculture, animal husbandry and forestry (including
afforestation), except where such use consists of:

(i) the erection of buildings or amounts to intensive raising of crops or animals; or
(ii) the reclamation of land for agriculture by the deposit of material on such land; or
(iii) the conversion to agricultural use of land which is not currently used for agricultural purposes; and

(d) in the case of buildings or other land that are used for a purpose of any class specified in an order made by the Authority under this Act, the use thereof for any other purpose of the same class.’

For a development to be carried out, development permission is required.  This matter is regulated by section 32 of the Development Planning Act, 1992. 

The Development Notification Order (DNO) is a legal notice issued by MEPA and is intended to remove the requirement for a Development Application in a number of development initiatives.  The Planning Legislation relating to DNO is the Development Notification Order (DNO) L.N. 115 of 2007

Another development application is the Planning Control Application.  This deals with the development which infers with building/road alignment and schemes.