What is a replacement dwelling
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It should read What is a habitable dwelling? as per county dev plans. You know the policy that allows non locals purchase a property and replace it. The rules are as below:
For example and as per county dev plan:
The Council’s policy in regard to replacement dwellings is set out in Section 3.4.3. (iv) which states The Planning Authority will encourage and facilitate the appropriate refurbishment of existing housing stock in rural areas and in certain places the replacement of existing dwellings subject to the following:
· That in the case of replacement dwellings, to require that the original structure was last used as a dwelling and that it’s roof, internal and external walls are generally intact.
· That replacement dwellings are provided at locations where safe access and acceptable wastewater disposal arrangements can be out in place and where specific development objectives or other policies of the Planning Authority are not compromised.We purchased a little house which was last used as a dwelling, had 4 walls and roof intact and it has been deemed not a dwelling. The opinion of a single planner decides this.
What kinds of qualifications do you have ot have to be a planner?
Does anyone know of any dwellings that were successfully submitted and planning applied on based on the replacement dwelling policy?Photos of such dwellings woud be great
“In Castell y Mynach Estate (Trustees of) v. Secretary of State for Wales [1985] a Divisional Court of the Queens Bench (High Court) held that in determining whether a use as a dwelling house had been abandoned, an important factor is the state of repair of the building and whether it is habitable. ” Irish Planning Law and Procedure Eamon Galligan 1996
The condition would be everything in relation to a proposal for a similarly sized structure, just because a house has four walls and a roof does not make it a habitable dwelling, being able to furnish documentary evidence such as utlity bills relating to the property within the last five years would be helpful.
After a five year period the property is deemed to have suffered an abandonment of use rendering the property to have a nil use for development purposes unless a new aplication is made.
Out of interest what size is the existing structure and what size were you proposing?
Thanks a million for your help,
They have no issue with the replacement house but have an issue with the existing dwelling. We got the following information to prove that the last use was as a dwelling:
– Solicitor letter from previous owners who identified the last family who lived there 68 years ago, they layout of the structure etc
– Letter from previous landowner to confirm she had never used the dwelling as anything else since its last use as a dwellingThe existing dwelling is 24 MSq new dev is 264MSq
Photo of existing dwelling
With that change in scale they would have to consider it as a new application as the change in the intensity of use sought would bear no relation to what was on the plot historically.
Once you had a suitably qualified design professional with adequate conservation experience restoration of the existing structure shouldn’t face too much difficulty going through the planning system once replacement materials are authentic in relation to materials used traditionally in the local district (s) not knowing the site I don’t generally speculate but if the existing dwelling is 24 sq m there could also be potential for an extension, although this would be quite an architectural challenge to keep the integrity of the original whilst providing extra space onto such a small dwelling.
The one proviso I would add to this is the site must have the capacity to deal adequately with waste water disposal and that the plot wasn’t in a either a Special Area of Conservation, a sensitive/scenic coastal/upland area or in a Natural Heritage Area.
Thanks again…
The one proviso I would add to this is the site has the capacity to deal adequately with waste water disposal and that the plot wasn’t in a either a Special Area of Conservation, a sensitive/scenic coastal/upland area or in a Natural Heritage Area.
We have percolation testing done and all is in order there. The area is not a special area of conservation or a sensitive scenic area. It is not in a natural heritage area either.
I will look into that further.
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