Another exempt extension query...

[BenK]

I have a client who has a semi-detached house with a single-storey side garage extension built afterwards (under 25 sq.m.) that is in line with the front and rear walls of the house. Part of the garage extension (9 sq.m.) has been converted as habitable accommodation (study + toilet). My client now wants to build a further extension to the rear.

My query relates to whether or not another exempt extension (up to 31 sq.m.) can be be built to include the rear of the house and the rear of the side extension (stopping at the side wall of the garage extension) or would it only be exempt if it was built to the rear of the originally permitted house stopping at the gable wall of the house? What now constitutes the rear of the house in this case is puzzling me...

[kieran0426]

Is the side garage attached or detached???

[BenK]

There's always some piece of information left out! The garage is attached.

[pico]

Legislation states that an exempt extension should be to rear of house. To my mind, the intention is that this refers to what was interpreted as the rear of the original house. Therefore, in your situation, the extension would not be exempt.

However, as you probably know, it is a question of interpretation. In the past twelve months, I have had two different Planning Authorities give opposite decisions based on the side / rear exemption limits.

Best advice would be to speak to the Planner for the area, & submit a Section 5 application to obtain a definitive decsion from the relevant Local Authority

[BenK]

Legislation states that an exempt extension should be to rear of house. To my mind, the intention is that this refers to what was interpreted as the rear of the original house. Therefore, in your situation, the extension would not be exempt.

However, as you probably know, it is a question of interpretation. In the past twelve months, I have had two different Planning Authorities give opposite decisions based on the side / rear exemption limits.

Best advice would be to speak to the Planner for the area, & submit a Section 5 application to obtain a definitive decsion from the relevant Local Authority

Thanks for the response. I had asked someone else in the office here and they said they thought it would be exempt but I'd be of the opinion too that it's the original house that counts in relation to the extent of the rear exemption limits... Section 5 is probably the way to go. Cheers.

[onq]

The comments by the other posts are pertinent

There are houses built with utility rooms to the rear of garages ab initio and these can be extended to the rear without problem because the original footprint applies.
Yours doesn't sound like it complies with this.

The Planners may review matters like this in relation to the exempted development schedule andt also in relation to Section 4 (1) (h) of the Planning and Development Act 2000
An argument could be advanced for considering it under this section, assuming
(i) that the extension would not be visible from the street and
(ii) that the total amount of habitable area over and above the original plan of the house still falls within the exempted development schedule 40 sq.m.

The argument for your house will more than likely be rejected but it might serve as the basis for a planning application.
You'd also have to justify the erection and follow up conversion of part of the garage.

FWIW

ONQ.