Re: Re: When can you carry out Exempted Dev?

@DOC wrote:

Obviously from the replies there is no real clear-cut answer to my question!

My view would be that the development granted permission should be ‘substantially complete’ prior to commencing the construction of the exempted developmnet extension. What I mean by ‘substantially complete’ is that the external envelope is watertight – roof complete, windows and external doors in, external plastering/finishes complete, etc. – but the house not necessarily be occupied.

Would anybody agree with this view?

My wife suggested ringing the Council to ask the question – I said I could ask the question but there are two hopes of getting an answer that doesn’t involve the words ‘apply for planning permission’!

Doc

Remember about 4/5 years ago – the 2 year “withering rule” . The 2000 Planning Act , in an effort to make house builder developers ” get on with it” provided that housing development permissions would lapse after 2 years . So in that context the RIAI sought legal opinion on what constituted “completion” . Answer – walls complete to wall plate level . No windows , roof tiles , plumbing elecs , roads etc . CAUTION – this was an untested ( in court ) legal opinion given in this particular context . ( PS- the 2 year withering rule was scrapped , along with ammendments to Part 5 ( social housing ) as a Christmas gift to the FF Galway racing tent in Dec 2002 ( or 2003 , can’t remember precisely )

Now whether this “wall plate” opinion helps or not ….. in this office we always caution against extending before what “the common man” would consider completion

Brian