Is it exempt

DS2

We have a situation on site where
We were building an exempt extension 23sqm ground, 1.5sqm at upper and 9sqm to garage area. We were to maintain 2 walls of the original return to the rear (this is part of the original house and planning)
When we started building the original return was found to have no foundations and was in poor condition no DPC's subsidence etc
We on advise from the engineer rebuilt part of the return - two walls in the exact location as they were originally with foundations, dpc's steel
We thought that :
Replacing like for like, old for new, is acceptable to incorporate radon barrier, DPC's, lintels, etc., provided the building is not a listed building or within the curtilage of a listed structure and that the works are considered necessary by the supervising Architect/AT/Engineer.

We are being told by a neighbours engineer that because we rebuilt this element of the original return we must include this area in the exempt area
which pushes the build over the 40sqm.

Can anyone clarify this. We would think that because this area is part of the original planning for the house 1920's it has a right to exist and should not be added to the exempted area. It clearly states in Class 50 that demolition to accomodate class 1 is allowed and that only extension areas post Otober 1964 are reckonable in the 40sqm. There were no extensions on the property

picorette

I think this needs to be looked at in two stages.

1. Class 50 of P & D Regs 2001 states:
"The demolition of part of a habitable house in connection with the provision of an extension or porch in accordance with class 1 or 7, respectively, of this Part of this Schedule or in accordance with a permission for an extension or porch under the Act."
This legitimises your demolition work.

2. You must then satisfy Class 1, which (amongst other conditions) requires that the floor area of any new construction shall not exceed 40 square metres.

If it is under (and satisfies the other conditions), then you will be able to apply for and receive a Section 5 Declaration from your local authority, which would confirm the construction was exempt.

If this is not the case, then you would have to apply for retention Planning Permission.

If in any doubt, telephone your Local Authority Planning Department to clarify. They are all very helpful and you can do it without giving any details of address etc

Hope that helps

DS2

Thanks for your reply

The issue is though - if I had not rebuilt the return walls I would definetely be exempt and I rebuilt only beacuase I had to (no foundations, no DPC's)
Therefore surely the area is exempt as it had a right to exist as per the original planning application. I need to know the answer before applying for a section 5 as this is a grey area.

One statement on another forum on the boards.ie site is :
Replacing like for like, old for new, is acceptable to incorporate radon barrier, DPC's, lintels, etc., provided the building is not a listed building or within the curtilage of a listed structure and that the works are considered necessary by the supervising Architect/AT/Engineer.
Can anyone tell me where that statement is from as this may help clarify.

Thanks

archtech

The clearest way of finding out that's exempted development or not is to seek a Section 5 Declaration from the Planning Authority.

DS2

Thanks