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planning for burnt building

  • 05-06-2012 1:09pm
    #1
    kkelliher
    Registered Users, Registered Users 2 Posts: 1,583 ✭✭✭


    Gents if a building is burnt to the ground, is planning required to rebuild the property?


Comments

  • #2
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,450 Mod ✭✭✭✭DOCARCH


    Yes.

    What about the ladies? :)


  • #3
    kkelliher
    Registered Users, Registered Users 2 Posts: 1,583 ✭✭✭kkelliher


    DOCARCH wrote: »
    Yes.

    What about the ladies? :)

    Yes I did not think of that very well now did I ...... apologies to all the Ladies


  • #4
    kkelliher
    Registered Users, Registered Users 2 Posts: 1,583 ✭✭✭kkelliher


    DOCARCH wrote: »
    Yes.

    What about the ladies? :)

    in relation to your answer, could you direct me to where this is stated anywhere?


  • #5
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,450 Mod ✭✭✭✭DOCARCH


    I am not 100% sure KK, I would have to dig about to be able to find - somebody else may be able to direct you quicker to the precise section of legislation - but I know from experience planning is generally required, especially if the structure, as you say, has been 'burned to the ground'. The use has technically ceased to be (albeit by accident).

    I was involved in one project where a house was substantially destroyed by a fire and planning was required to reinstate it.

    I would assume there is some sort of cut off point where planning may or may not be required, depending on the damage, but this would probably be at the discretion of the planners.


  • #6
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    kkelliher wrote: »
    in relation to your answer, could you direct me to where this is stated anywhere?
    It isn't a question of where it is stated, but where it is not stated.

    There is no mention of it in the exempted developments on SI no. 600 of 2001 where all developments that are exempted from the provisions of the Planning and Development Act 2000 are stated.

    Therefore, it requires planning permission, imo.


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  • #7
    muffler
    Registered Users, Registered Users 2 Posts: 46,550 ✭✭✭✭muffler


    Poor Uncle Tom wrote: »
    It isn't a question of where it is stated, but where it is not stated.

    There is no mention of it in the exempted developments on SI no. 600 of 2001
    Exactly :)


  • #8
    kkelliher
    Registered Users, Registered Users 2 Posts: 1,583 ✭✭✭kkelliher


    Poor Uncle Tom wrote: »
    It isn't a question of where it is stated, but where it is not stated.

    There is no mention of it in the exempted developments on SI no. 600 of 2001 where all developments that are exempted from the provisions of the Planning and Development Act 2000 are stated.

    Therefore, it requires planning permission, imo.

    thanks thats the info i was looking for..... appreciate it


  • #9
    Corkblowin
    Registered Users, Registered Users 2 Posts: 622 ✭✭✭Corkblowin


    There is a provision in the Act, S192 I think, that entitles an applicant to compensation if they are refused permission for a replacement building when the original burnt down (unless of course it was unauthorised to begin with). That infers you need planning - especially as pointed out by PUT that it's not exempt.


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