It is a fundamental principle of the Irish Planning code (like many other countries) that not all development requires permission, and hence a considerable body of law has evolved to ensure that straight-forward or minor developments, do not clog-up the system, and don’t have to face delays and costs associated with attaining permission.  ‘Exempted development’ provisions also encompass change of use, and have developed Use Classes similar to the UK system that groups similar planning activities.

The use classes for shops were adopted in 2001 (evolving from 1994 Regs) with the principle that the high street should be preserved for retail, and in particular to control financial services and offices presence on streets in order to promote high-street activity.

There has been fundamental change in the structure of the high-street in the last decade, firstly due to out-of-town retailing, and now by e-retail and m-retail.   Financial institutions are similarly cutting-back on branches in favour of on-line services.  These trends coupled with persistent economic stagnation suggest high-street retail vacancy will remain high for the foreseeable future. 

So  the Use Classes (which promote ease of change from other uses to shops) need to be tweaked/reversed to facilitate exempted development change of use from shops to enterprise, small office, leisure, education, galleries etc.  A more sophisticated Class system would see retail promoted on prime pitch, and these supporting 'town centre’ uses on secondary streets (would be useful for retail strategies).  It would mean entrepreneurs could get into town centre spaces without a 3 month delay waiting for permission (or without risk of planning enforcement), and landlords would not have to deal with changes in the planning status of their property.

The Use Classes can be amended quickly, and this change would have a pro-active and positive impact for town centres.