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New field gate entrance- planning?

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  • 23-11-2015 12:18pm
    #1
    robertobennini
    Banned (with Prison Access) Posts: 13 ✭


    Hi all,
    I have a field in the country that I recently created an gap into and installed a gate. Do I need to get retention planning permission for this and is it expensive? What will I need to give the planners? Is it possible they will make me close it up?


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    #2
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    Providing the road is 4 metres or less in width and providing it's not a traffic hazard, then rule of thumb says planning not needed.


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    #3
    sydthebeat
    Subscribers Posts: 41,076 ✭✭✭✭sydthebeat


    Angry bird wrote: »
    Providing the road is 4 metres or less in width and providing it's not a traffic hazard, then rule of thumb says planning not needed.

    the road must be public !


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    #4
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    Public road yes. The OP for all I know could be talking about a gate between two fields but I'm assuming it's a gate off a public road.


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    #5
    sydthebeat
    Subscribers Posts: 41,076 ✭✭✭✭sydthebeat


    Angry bird wrote: »
    Public road yes. The OP for all I know could be talking about a gate between two fields but I'm assuming it's a gate off a public road.

    agreed, i was just making sure to point out that a new entrance onto private road / lane/ drive etc actually requires permission, which is something thats over looked a lot


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    #6
    893bet
    Registered Users Posts: 8,770 ✭✭✭893bet


    sydthebeat wrote: »
    agreed, i was just making sure to point out that a new entrance onto private road / lane/ drive etc actually requires permission, which is something thats over looked a lot

    And makes no sense really!


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    #7
    robertobennini
    Banned (with Prison Access) Posts: 13 ✭robertobennini


    Hi folks, its a 4m wide gate that faces a very narrow road (the road is still public). The gate however is well off the road verge and does not open onto the public road- do I need planning?


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    #8
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    robertobennini wrote: »
    Hi folks, its a 4m wide gate that faces a very narrow road (the road is still public). The gate however is well off the road verge and does not open onto the public road- do I need planning?

    What is the width of the road ?


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    #9
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Are you sure this is an exempted development? The way the rules are worded suggests that you can only open an entrance so long as you're doing something else on the land which is one of the exempted developments listed in Schedule 2.
    Opening an entrance on it's own is not listed as an exempted development so, for example, if you opened an entrance for agricultural use it seems you may need planning permission.
    6. (1) Subject to article 9, development of a class specified in column 1 of Part 1 of Schedule 2 shall be exempted development for the purposes of the Act, provided that such development complies with the conditions and limitations specified in column 2 of the said Part 1 opposite the mention of that class in the said column 1.
    Restrictions on exemption.

    9. (1) Development to which article 6 relates shall not be exempted development for the purposes of the Act—
    (a) if the carrying out of such development would—
    (i) contravene a condition attached to a permission under the Act or be inconsistent with any use specified in a permission under the Act.
    (ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the surfaced carriageway of which exceeds 4 metres in width,


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    #10
    sydthebeat
    Subscribers Posts: 41,076 ✭✭✭✭sydthebeat


    slimjimmc wrote: »
    Are you sure this is an exempted development? The way the rules are worded suggests that you can only open an entrance so long as you're doing something else on the land which is one of the exempted developments listed in Schedule 2.
    Opening an entrance on it's own is not listed as an exempted development so, for example, if you opened an entrance for agricultural use it seems you may need planning permission.


    9. (1) Development to which article 6 relates shall not be exempted development for the purposes of the Act—
    (a) if the carrying out of such development would—
    (i) contravene a condition attached to a permission under the Act or be inconsistent with any use specified in a permission under the Act.
    (ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the surfaced carriageway of which exceeds 4 metres in width,

    the access itself may be considered "the development"


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    #11
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    sydthebeat wrote: »
    the access itself may be considered "the development"
    An exempted development in it's own right?


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    #12
    sydthebeat
    Subscribers Posts: 41,076 ✭✭✭✭sydthebeat


    slimjimmc wrote: »
    An exempted development in it's own right?

    yes, thats my reading of the reg, and how ive seen it applied


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