I move: That Dáil Éireann approves the following Regulations in draft: Planning and Development (Exempted Development (Act of 2000)) Regulations 2025, a copy of which was laid in draft form before Dáil Éireann on 27th November, 2025. I welcome the opportunity to discuss the draft regulations and to set out the rationale and reasoning behind their development. The draft Planning and Development (Exempted Development (Act of 2000)) Regulations 2025 have regard to the existing planning exemption for the change of use of vacant commercial properties to residential use. The draft regulations propose to amend the Planning and Development Regulations 2001, as amended, by extending until 31 December 2028 the provision for change of use from commercial to residential in vacant properties under Article 10(6) of the 2001 regulations. This ensures that individuals can avail of the exemption without fear of enforcement as the current provision expires on 31 December 2025. No other elements of the exemption for change of use from vacant commercial to residential are being amended. This is a very important extension. The exemption allowing for the conversion of vacant commercial properties for residential purposes has played a really important role in our villages, towns and cities. It has been quite positive and successful. Up to the end of 2024, the exemption had resulted in 1,457 notifications from developers intending to avail of the exemptions. If fully enacted, this would result in 3,429 new homes across the country. Planning authorities are required to report on the 2025 figures early next year. This information will be published on the Department of housing website. It should be noted that the draft regulation is being prepared under the Planning and Development Act 2000, as amended. This is due to the current provision expiry on 31 December 2025 and the relevant provisions of the Planning and Development Act 2024 not being commenced until 2026. When new exempted development regulations are made under the Act of 2024, the provisions regarding change of use from commercial to residential will be maintained. The draft Planning and Development (Exempted Development (Act of 2000)) (No. 2) Regulations 2025 provide for really important exemptions in relation to agricultural structures. They amend Schedule 2 of the 2001 regulations by increasing the provision of animal housing under class 6 of Part 3 of Schedule 2 by 50%, from 200 sq. m to 300 sq. m, increasing the total from 300 sq. m to 450 sq. m;, and providing an exemption for a new class 6A of Part 3 of Schedule 2 comprising stand-alone slurry, effluent and soiled water storage up to 1,000 cu. m subject to a farm limit of 1,500 cu. m. These proposals are being introduced to support increased space per animal and to assist farmers in the better management of farm slurry, effluent and soiled water to assist in protecting water courses and water bodies. While capacity for storage is increased, this is to accommodate existing levels of slurry, effluent and soiled water generated on farms, allowing for better slurry management, including optimal nutrient spreading on land. It is not to allow for increased animal stock density. These changes to increase the provision of animal housing under class 6 by 50% and to provide exemptions for stand-alone slurry, effluent and soiled water are particularly important for small and medium-sized farms. I engage regularly with farmers in my own county of Wexford and across the south east. These are very practical and important measures. The increase in the exemption under class 6 will assist small to medium farms with a 300 sq. m shed housing 38 dairy cows or 100 beef cows. The average dairy herd in the country is 90 cows. It is important to note that these exemptions include limitations and conditions, including safeguards for the environment. For example, it is not possible to use these exemptions in a designated flood zone. Use of the exemptions requires that structures shall be constructed in accordance with Department of Agriculture, Food and the Marine and Department of Housing, Local Government and Heritage requirements and shall have regard to the need to avoid water pollution. An additional safeguard is that the use of class 6 or 6A agricultural exemptions requires the prospective developer to obtain a declaration from the relevant planning authority under section 5 of the Act of 2000 declaring the exemption is applicable prior to commencement of construction. This provides surety that the proposed locations comply with the requirements of the exemptions. The requirement for a section 5 declaration is not an added burden to farmers as farmers are already required to obtain this declaration as part of any TAMS grant application. Planning legislation provides general safeguards whereby planning exemptions are removed where works would materially affect a protected structure in accordance with section 57 of the Act of 2000 or where an environmental impact assessment or appropriate assessment is required in accordance with section 4(4) of the Act of 2000. Where planning exemptions are removed, planning permission is required. Where individuals are unsure whether they can avail of any exemption in planning, they may seek a declaration from a planning authority under section 5 of the Act of 2000 as to whether the proposed works are development and if such development is or is not exempted development. Similar to the change of use regulation, the draft regulation for agricultural exemptions is being prepared under the Planning and Development Act 2000, as amended. This is due to the exemptions being a priority of Government. The proposed exemptions will be maintained in any exempted development regulations made under the Act of 2024 The purpose of the proposed regulations is to facilitate continued use of the change of vacant commercial to residential exemption until 2028, providing certainty on its availability. The agricultural exemptions provide support to the farming community to assist them in managing slurry, effluent and soiled water though increased storage capacity. If both sets of proposed regulations are approved by positive resolution of both Houses of the Oireachtas as required under section 262(4) of the Act of 2000, it is intended to have the regulations signed into law at the earliest opportunity. Therefore, it is important that both sets of regulations are supported to provide certainty to those wishing to avail of their use into the future.
Sentiment score: 0.23
I thank Deputies for their support for both of the exemption regulations I have moved this evening. The first is an exemption to allow commercial properties to be converted for residential purposes and to allow that exemption to last for another three years. We will be looking to make that a permanent change because it is absolutely crucial that we revitalise our rural communities, and urban areas as well. This is a really important element of doing that, along with all the other changes we are making, such as getting Government approval this week for over-the-shop funding, the vacant refurbishment grants we already have in place and, of course, the rural and urban regeneration funds. This is a really important exemption for rural Ireland but also for urban areas. The second exemption is really important for the farming community. It increases the exemption for animal housing by 50%, from 200 sq. m to 300 sq. m, and brings in an exemption for stand-alone slurry, effluent and soiled water to allow run-off. This is a very practical change and important measure, in particular for our small and medium farmers. I regularly deal with small and medium farmers and this will help them an awful lot. I am glad to see some of our Wexford farmers up in the Public Gallery. I wish the Ceann Comhairle and her family, the Leas-Cheann Comhairle, Deputy John McGuinness, and his family, a happy Christmas. I wish all their staff, the ushers and everybody working in the Oireachtas a happy Christmas.
Sentiment score: 0.34
I move: That Dáil Éireann approves the following Regulations in draft: Planning and Development (Exempted Development (Act of 2000)) (No. 2) Regulations 2025, a copy of which was laid in draft form before Dáil Éireann on 9th December, 2025.
Sentiment score: 0.20