planning required?

bossanova

if a building has been used as a shop on ground floor and offices above for 10 years does it require change of use planning now when i want to extend to the rear? it was previously used as a B&B and has planning for this. thank you.

sydthebeat

bossanova wrote: »

if a building has been used as a shop on ground floor and offices above for 10 years does it require change of use planning now when i want to extend to the rear? it was previously used as a B&B and has planning for this. thank you.

the extension will require permission...
the use as a shop hasnt permission, even though it has existed for 10 years.

my advice is to include the change of use in the application for the extension.

the whole building will then have to comply with all building regulations, with special regard to disable access, fire (a fire safety certificate will be required), sanitary services and energy conservation.

bossanova

thanks syd.

i was looking at a way to avoid throwing away money in the form of contributions to the PA.
I thought there was something out there saying that buildings existing for 7 years do not require retention permission......

sydthebeat

bossanova wrote: »

thanks syd.

i was looking at a way to avoid throwing away money in the form of contributions to the PA.
I thought there was something out there saying that buildings existing for 7 years do not require retention permission......

no. thats a myth.

If it exists over 7 years then the statute of limitations in which the council can enact enforcement action to remove the use has expired. In other words the council cannot go after you to cease the unauthorised development, but that does not mean it has planning permission.

In any even, if you apply for the extension on its own the council could deem the application invalid as it would be an extension to an unauthorised development.

the safest way is to apply for both.

on the financial contributions, talk to the council... there would have been contributions paid (i assume) when the B&B permission was acted upon, so there may be some lee-way in a reduction of fees this time.

Otherwise the full fees will be applicable.

Poor Uncle Tom

And remember the application is for RETENTION of Change of Use and extension.

This is very important especially when calculating the fees for the planning and fire safety certificate for the existing section of the building €11.80/m2 EACH.

bossanova

thanks guys,

the fire officer has been out and is not happy as the building is in use before the cert was lodged in early october. the owner was mad to get up and running for christmas.
i was not aware of the new part b fee structure at the time.

pre-october senario-
would the fire officer objected to a fire cert lodged after the works were complete?

Poor Uncle Tom

Let me see if I have this right.

1. Unauthorised development in place with 10 years (change of Use without planning permission).
2. No Fire Safety Certificate in place for the building.
3. Started building another unauthorised development (Extension without planning permission).

and you are looking for advice as to whether you could finish works and then apply for the Fire Safery Certificate. Unbelieveable, nobody here is going to advise you on flouting the planning laws.

Stop works, regularise your building/development before you get yourself into serious trouble.

Just as an aside: I wonder how valid insurances are on that building.