Exempted Development – Private Open Space
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A neighbour of mine is currently renovating a small workers cottage in the inner city area – it involves demolition of existing extensions to the rear and building new structures (external walls/roof).
He is proposing (attempting) to do these works without planning permission (within the regulations of exempted development). He is concerned by the rule that the private open space that remains after an extension must be minimum 25m/sq – this will not be possible given the restricted area of the site.
With the existing provision of private open space less than 25msq (currently approximately 12msq), it could be argued that he is not ‘extending’ the property and he is rebuilding on the same footprint area of the existing house (although the configuration of the private open space will change).
Has anyone any thoughts on this interpretation of the regulations in this regard?
How do you define the difference between ‘development’ and ‘renovation’ under the planning regulations?
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Planning & Development Act 2000 Section 3 :
‘ Development means….the carrying out of any works on, in, over or under land ‘
In your instance, which involves demolition and new construction, it would seem to fall into this category.Renovation would be where the structure remains.
Hope that helps.
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@pico wrote:
Planning & Development Act 2000 Section 3 :
‘ Development means….the carrying out of any works on, in, over or under land ‘
In your instance, which involves demolition and new construction, it would seem to fall into this category.Renovation would be where the structure remains.
Hope that helps.
That certainly does help – thanks for this information.
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The interpretation appears to be incorrect.
I respectfully suggest you consider seeking a Section 5 declaration which used to cost €80 and take 4 weeks last I checked.
Before lodging I would talk to the planning officer and go through the exempted development regulations with him/her and also discuss the provisions of the Land and Conveyancing Law Reform Act 2009
Here is an online version http://www.irishstatutebook.ie/pdf/2009/en.act.2009.0027.pdf
Its a very important document in relation to the law as it pertains to adjoining properties.
Discussing the Exempted Development Schedule and this together may assist your friend.
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