Archie
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Im not really into appeals but I think the oral hearing is an extension of the original appeal therefore you would pay 2 fees.
Give them a ring on Monday and they will advise you better
The 2001 Planning & Development Regulations contains at the bottom of page 2 the defination of “gross floor space” All Planning Authorities must abide by this. You can view it here.
I would print out the first 3 pages, fax it to him with a covering letter asking him if he is now prepared to accept what is contained in the statutory regulations.Have a look here Go to appendix 4 on page 40/41.
The old tax man will let you away with nothing so this another piece of ammo in your defence
Just to follow on from above. At the beginning of March Donegal Co. Council introduced a new development contribution scheme which would be based on the floor area of the house. I contacted them and they told me that they would be calculating the floor area based on the dimensions from the bare blockwork on the inner side of the external walls but including all internal walls, chimney breasts, stairwells etc.
Have a look here and scroll down to the bottem of the page. Only problem is that they have referred to it as net floor area
Now to muddy the water a bit have a look at South Dublin County Councils defination which is completelt at odds with the above.
http://www.sdublincoco.ie/sdcc/departments/planning/publications/doc/DevelopmentContributionsSchemePart1.docI see the problem you have. The obvious thing to suggest would be to talk to one of the senior planners and see if you can persuade him/her. Give him/her the same info as you’ve posted here. I have found that planners in general are loathe to admit to a mistake. A bit like referees – they may not always be right but they are never wrong.
Maybe there was a problem in the past with something similar and they are being over-cautious.
Try your local Co. Councillor to see if he can get them to accept what everyone else believes is correct.
You could also try contacting the Dept. Environment for advice.
I have known people to withdraw an application, build and then look for retention but I know you would never consider that 😉
For what its worth I think the garage is exempted development. I have issued certs in the past for garages the same size and indeed slightly bigger but that had to do with property transfer and/or mortgages
Im not sure I understand what you mean by “They”. Is that the planning dept. you are referring to?
Can you say why you need a certificate or declaration
Edit: Sorry, forgot about the retention aspect of it. Not being nosey but how did you come to be in contact with the planning dept.?
Did they contact you re: unauthorised development or did you go to them looking for a declaration for mortgage purposes?You referred to gross floor space in an earlier post. I always understood this to be the the total floor space inside the external walls but including all inner walls/partitions etc.
@emailtojohn wrote:
My thoughts also, but unfortunately the local authority is insisting on working with external measurements which means my building is being classed as unauthorised development (24sqm internal and 27sqm external) requiring retention. This will cost me at least 12 weeks which I don’t have. .I was trying to find some previous case study that might persuade them it is reasonable to work with an internal measurement as total area cannot be clarified.
Thanks for you help.
I may be a bit late posting this but I think most people will agree/accept that the floor area is based on the internal dimensions (except the planners in your case) so depending on why you need this clarified or confirmed I would suggest that you get an architect’s certificate stating that it is exempted development.
As I said it depends on what you need the confirmation for
good luck with it
@niallig wrote:
Just like public realm said, its mostly the planners who make the decisions, more junior planners assess the planning application and recommend a decision to the senior planner. The senior planner can overturn their decision, so effectively its the senior planner in the planning authority who calls the shots
The County manager would have the final input
