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

@tyrrp wrote:

Yes you can build up to 40msq to the rear of you property without permission but if you have ever extended before even with full permission the area of that extension is subtracted from your exempted allowance.
I.E. 5 years ago you built a 30msq extension to the side of your house. You got full planning and completed the extension. You are now only entitles to build 10msq exempted to the rear.
The only way for the councils to watch out for this error is to have everyone apply for a section 5 (€80 for them as well). It also ensures people are not reducing their open space below the percentages allowed.

Consider this also. If you do send in a section 5 application and it is refused then you go ahead and build anyway but make some small changes to the design what type of problems could this cause. Who can ever prove when the exempt development was built is another consideration. I suppose you only have to say it was built while your 30msq application was being processed and that is why it isn’t shown on the original application.

Following on from the point above, I wonder can someone answer this query:
If a 2-storey terraced house, built circa 1860, has 2 original, single-storey rear returns at either side (confirmed original on old OS maps), can the returns be demolished and their floor area added to the 40sqm allowance?
i.e. if the returns combined are 15 Sqm, can they be demolished and a new combined structure of 55 Sqm be constructed assuming that all other exemption criteria are met?

If you think no, might it be permissible if part(s) of the original returns were retained (such as 2 walls out of 3 while installing a new roof and floor?
Thanks in advance.

how can you include a single storey extension to the side of a dwelling into what can be considered exempt to the rear??? i dont think so….

i would agree with you brian regarding the single storey exension to the rear (assumption), but it does throw up the question of whether the demolition actually requires planning permission???. i think it does……..
at what point do you need permssion to demolish and rebuild??? you cannot demolish a dwelling and rebuild without planning……

Henno I agree your point about about side extensions – never exempt . I am interpreting the description of the returns as being ” to the rear , to either side of the rear” . If the returns are even partially to the the side i.e. past the line of the building frontage then , I think a Section 5 may be the way to go , if not full PP

In general, if the extension exceeds the side limits of the dwelling the it is no longer considered to be to the rear, but is to be considered to the side. That has been my experience as advised by various planners.

Another interesting one is what is exactly considered to be the rear of a dwelling. My take, again as advised by planners, is that the rear is the opposite side of the dwelling to where the front door is located. Anyone any other view on this?

@henno wrote:

In general, if the extension exceeds the side limits of the dwelling the it is no longer considered to be to the rear, but is to be considered to the side. That has been my experience as advised by various planners.

Another interesting one is what is exactly considered to be the rear of a dwelling. My take, again as advised by planners, is that the rear is the opposite side of the dwelling to where the front door is located. Anyone any other view on this?

Interesting one henno . With some designs, the apparent front elevation ( i.e. the one facing the road ) does not contain the main entrance ( or any entrance ) . …. now where did I put that Section 5 applaication form again …..