Planning Exemption Query

robd

So according to http://www.irishstatutebook.ie/2001/en/si/0600.html
you can build an extension to the rear of your house provided it doesn't exceed 40sqm (and certain other criteria as outlined).

My question is in regard to the definition of "rear" of house. I understand you can't build a habitable room to the side (only a garage) without planning. However, can you build to the side, provided it is behind the rear wall of the house, or does the side wall of extension have to be inline with current side wall?

The law seems loose in this regard so I think you can but anyone with experience or opinion on this?

muffler

robd wrote: »

So according to http://www.irishstatutebook.ie/2001/en/si/0600.html
you can build an extension to the rear of your house provided it doesn't exceed 40sqm (and certain other criteria as outlined).

My question is in regard to the definition of "rear" of house. I understand you can't build a habitable room to the side (only a garage) without planning. However, can you build to the side, provided it is behind the rear wall of the house, or does the side wall of extension have to be inline with current side wall?

The law seems loose in this regard so I think you can but anyone with experience or opinion on this?

I queried this some time ago with Donegal Coco and their view was that the rear extension could extend beyond the line of the gable wall but could not be on the gable wall if that makes sense. The simpler way would be that you can extend in these circumstances providing it is behind the "REAR" building line of the house.

However, as you rightly pointed out, this is not set in stone and it's one of those grey areas that may be viewed differently by various PA's. Give your local planner a ring or apply for a Section 5 declaration.

DOCARCH

I also queried this recently - and I am still not sure if a got a definitive answer!

Indeed it is a really grey area and as Muffler says, you need to check with your LA as each seems to have it's own interpretation.

sydthebeat

my local authority (Laois) deem 'to the side' as being ANY extension beyond the gable end.. or otherwise.. if it can be seen from the front then its not exempt.

personally i have found this interpretation to be the most commonly held.

archtech

sydthebeat wrote: »

my local authority (Laois) deem 'to the side' as being ANY extension beyond the gable end.. or otherwise.. if it can be seen from the front then its not exempt.

personally i have found this interpretation to be the most commonly held.

Same here, if however the local authority are happy with an extension which projects beyond the gable end of the house, even at the rear I would, in the interest of clarity and having a paper trail later on, seek a declaration of exempted development from the local authority, as it is a grey area and could come back to haunt you.

DOCARCH

sydthebeat wrote: »

my local authority (Laois) deem 'to the side' as being ANY extension beyond the gable end.. or otherwise.. if it can be seen from the front then its not exempt.

That's what I would have thought but certainly in some of the Dublin Councils I have seen Section 5 Declarations, confirming exemption, where extensions have been built to the rear of house but also extending to the side (of the rear) and where the extension is visible from the front (i.e. the extension roof/walls may be higher than say an existing flat garage roof).

Grey!

robd

DOCARCH wrote: »

That's what I would have thought but certainly in some of the Dublin Councils I have seen Section 5 Declarations, confirming exemption, where extensions have been built to the rear of house but also extending to the side (of the rear) and where the extension is visible from the front (i.e. the extension roof/walls may be higher than say an existing flat garage roof).

Grey!

Interesting. It would be within Dublin City Council area.

I wonder then if I built a garage to the side which hid the extension is that OK.
Both would be single story with flat roof of same height.

A section 5 query would seem the way to go.

Thanks to everyone else for all the answers too.

DOCARCH

robd wrote: »

A section 5 query would seem the way to go.

I sent that general query to Dublin City Council last week and rather than come back to me and say, yes or no, they told me I should apply for a Section 5 Declaration. Great help!!!

While I know this type of devleopment has been deemed exempt by DLRCC, the same may not go for DCC? Section 5 is you safe bet.

Mellor

DOCARCH wrote: »

I sent that general query to Dublin City Council last week and rather than come back to me and say, yes or no, they told me I should apply for a Section 5 Declaration. Great help!!!

While I know this type of devleopment has been deemed exempt by DLRCC, the same may not go for DCC? Section 5 is you safe bet.

They were right to tell you to go for a section 5.
S.5 is legally solid from everyone point of view. Proper process. What an planner (or clerical officer) over the phone or in person or in writing is only an opinion.

It varies from LA to LA.
Side of the rear, or
Rear of the side

DOCARCH

They might be right but what I was looking for was almost a pre-Section 5.

The problem I find is that in many cases (not all) planners are not wiling to give basic opinions to a basic query. I was just looking for a simple indication from a planner whether or not this type development generally needed planning permission or not in their LA (to help formulate my own opinion). I had no specific design to show them as it was pre design stage.

Not sure if the fact that the fee for a Section 5 is E 80.00 helps drive this unwillingness to provide basci opinions?