Question to the Minister for Environment, Community and Local Government (Mr. Alan Kelly, TD)
To ask the Minister for Environment, Community and Local Government regarding the planning and development regulations, the definition of a “pond”; when such a definition came into effect; and if he will make a statement on the matter. – Jerry Buttimer
For WRITTEN ANSWER on Thursday, 12 March 2015.
Pond is not defined in the Planning and Development Regulations 2001, as amended.
Class 6 of Part 1 of Schedule 2, Part 1 (Exempted development – General) of the regulations includes an exemption from the requirement to obtain planning permission for the construction of any path, drain or pond or the carrying out of any landscaping works within the curtilage of a house. The condition attached to this exemption is that the level of the ground shall not be altered by more than 1 metre above or below the level of the adjoining ground.
Works relating to the construction or maintenance of any gully, drain, pond, trough, pit or culvert, the widening or deepening of watercourses, the removal of obstructions from watercourses and the making or repairing of embankments in connection with any of the foregoing works is also exempted development under Class 3, Schedule 2, Part 3 (Exempted development – Rural) of the regulations.