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Is planning needed to complete building, as per the original plans?

  • 15-10-2011 12:13pm
    #1
    Registered Users, Registered Users 2 Posts: 299 ✭✭


    Hi everyone,

    We've got an rural building that was built in the 80s, with full planning, but for one reason or the other the place was never fully roofed. Totally finished apart from that - plumbed, cables, walls, floors etc and in use - we've just been using the uncovered part yard style.

    My question is to put up the roofing, so that it matches what we have planning for, does that require any permission or it it already expected as we have planning and the building is in use?

    Any resources on this much appreciated - I read through some of the planning regulations but can't find any mention of this.

    Thank you!


Comments

  • Registered Users, Registered Users 2 Posts: 46,550 ✭✭✭✭muffler


    Short answer is yes, you do need permission. The original permission allowed you a period of 5 years to start and complete the works.

    Your post however is very confusing.


  • Registered Users, Registered Users 2 Posts: 299 ✭✭summereire


    Ok thanks. I tried to be as clear as I could in the post.

    Is the new planning just like regular planning, with site notices and newspaper adverts like when we first applied, or is it a simpler process as we just want to fully instate what was already approved and 95% built?


  • Registered Users, Registered Users 2 Posts: 46,550 ✭✭✭✭muffler


    Is the "building" you refer to a house?

    If it's a house is the part thats not roofed to the side or rear?

    You say that there are cables in it which I assume you mean to be electric cables so its safe to assume that there would be sockets. How can you have this if it is exposed to the elements?


  • Registered Users, Registered Users 2 Posts: 299 ✭✭summereire


    It's an agricultural building on its own land and totally invisible from the road. It was built to be able to take a good washdown, and was fully completed, but for reasons of budget was never fully roofed. It's fully in use, but just would be handy to have it fully roofed now as in the original plans.


  • Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    It would be worth checking the exemption limits for such buildings to see if you go over the threshold.


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  • Registered Users, Registered Users 2 Posts: 299 ✭✭summereire


    Yes the only thing I could find in the regulations were the exempted developments for agricultural uses.

    I was a bit unsure how that fitted in with our situation because what we have is already standing and has planning, rather than something new that we intend to build.

    I have no issue with getting planning if it is needed, just wondering if I'm really wasting their time and mine if it's just establishing something already approved, almost completely built as per the plans and in use for a few decades and in a totally off-road location in the midlands.

    I know the simple answer is just talk to the planners, I suppose I just wanted to do my research first.


  • Closed Accounts Posts: 2,379 ✭✭✭Jimbo


    Below is an extract from the Exempted Development section of Planning andDevelopment Regulations 2001.
    It sounds like the works would fall under one of these classes and so would be exempt from planning permission as long as it complies with the conditions.
    Agricultural Structures


    CLASS 6


    Works consisting of the provision of a roofed structure for the housing of cattle, sheep, goats, donkeys, horses, deer or rabbits, having a gross floor space not exceeding 200 square metres (whether or not by extension of an existing structure), and any ancillary provision for effluent storage.


    1. No such structure shall be used for any purpose other than the purpose of agriculture.

    2. The gross floor space of such structure together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 300 square metres gross floor space in aggregate.

    3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution.

    4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.

    5. No such structure within 100 metres of any public road shall exceed 8 metres in height.

    6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.

    7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

    CLASS 7


    Works consisting of the provision of a roofed structure for the housing of pigs, mink or poultry, having a gross floor space not exceeding 75 square metres (whether or not by extension of an existing structure), and any ancillary provision for effluent storage.


    1. No such structure shall be used for any purpose other than the purpose of agriculture.

    2. The gross floor space of such structure together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 100 square metres gross floor space in aggregate.

    3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution.

    4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.

    5. No such structure within 100 metres of any public road shall exceed 8 metres in height.

    6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.

    7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

    8. Boundary fencing on any mink holding must be escape-proof for mink.

    CLASS 8


    Works consisting of the provision of roofless cubicles, open loose yards, self-feed silo or silage areas, feeding aprons, assembly yards, milking parlours or structures for the making or storage of silage or any other structures of a similar character or description, having an aggregate gross floor space not exceeding 200 square metres, and any ancillary provision for effluent storage.


    1. No such structure shall be used for any purpose other than the purpose of agriculture.

    2. The gross floor space of such structures together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 300 square metres gross floor space in aggregate.

    3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and the Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution.

    4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road.

    5. No such structure within 100 metres of any public road shall exceed 8 metres in height.

    6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.

    7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

    CLASS 9


    Works consisting of the provision of any store, barn, shed, glass-house or other structure, not being of a type specified in class 6, 7 or 8 of this Part of this Schedule, and having a gross floor space not exceeding 300 square metres.


    1. No such structure shall be used for any purpose other than the purpose of agriculture or forestry, but excluding the housing of animals or the storing of effluent.

    2. The gross floor space of such structures together with any other such structures situated within the same farmyard complex or complex of such structures or within 100 metres of that complex shall not exceed 900 square metres gross floor space in aggregate.

    3. No such structure shall be situated within 10 metres of any public road.

    4. No such structure within 100 metres of any public road shall exceed 8 metres in height.

    5. No such structure shall be situated within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.

    6. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.


  • Registered Users, Registered Users 2 Posts: 299 ✭✭summereire


    Thanks - that does seem relevant


  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    At this stage the previous premission is irrelevant.

    If the current buildign is under the exemption limits above, then you can roof without planning premission.

    If it is over, you need to apply for planning like normal, site notice, newspapre ad etc.


  • Registered Users, Registered Users 2 Posts: 46,550 ✭✭✭✭muffler


    Mellor wrote: »
    If it is over, you need to apply for planning like normal, site notice, newspapre ad etc.
    In that situation the application would have to be for retention & completion.


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  • Registered Users, Registered Users 2 Posts: 163 ✭✭mal_1


    If you have completed the building to 95% of what is originally planned, that in
    practical understanding of development would have to be considered 'substantially completed'
    This concept is probably discussed in detail elsewhere in these forums, but relating to what you have described, where the walls and structure are in place, it wouldn't need further planning


  • Registered Users, Registered Users 2 Posts: 299 ✭✭summereire


    Thanks - that's very clear, much appreciated


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