Porch, do I need planning permission.

Jeju

HI.
I am living on an estate and am considering building a front porch, do I need planning permission?

muffler

You can build a porch up to 2 m2 in size without permission subject to certain conditions - see Class 7 here

The one thing that the exemption dont mention directly (listed elsewhere) is that the proposal should not contravene the condition of a planning permission. So if the estate required PP just check same to make sure there are no conditions in relation to extending the house...highly unlikely.

Thread moved to C & P

martinn123

muffler wrote: »

You can build a porch up to 2 m2 in size without permission subject to certain conditions - see Class 7 here

The one thing that the exemption dont mention directly (listed elsewhere) is that the proposal should not contravene the condition of a planning permission. So if the estate required PP just check same to make sure there are no conditions in relation to extending the house...highly unlikely.

Thread moved to C & P

I have noted this feature in previous posts regarding Extentions, and the Original Planning permission for the Estate.

How would you go about checking this, say on an estate 10 yrs old.
The original builders are probably gone, and Solicitors acting for the purchaser, perhaps are acting for Second or Third owners of the home from its original build.

Co Co records are on line, but not going back too far, so for an extention, or a porch, in this thread, where would you start to look, and in reality what are the implications, of not looking, given the above....'' highly unlikely''

muffler

martinn123 wrote: »

I have noted this feature in previous posts regarding Extentions, and the Original Planning permission for the Estate.

How would you go about checking this, say on an estate 10 yrs old.
The original builders are probably gone, and Solicitors acting for the purchaser, perhaps are acting for Second or Third owners of the home from its original build.

Co Co records are on line, but not going back too far, so for an extention, or a porch, in this thread, where would you start to look, and in reality what are the implications, of not looking, given the above....'' highly unlikely''

The local planning office is the best place to check. Im not sure about other LAs but here in Donegal the online system is available for applications received after May 2004 where all documents can be viewed. A lot of the applications for the previous 5 years or so would have the conditions available to view.

However each Planning Authority is required to keep a register of all applications received so you can go to the local office and search for an application either by name or identifying the site on the map register. Once the reference number is determined you can then ask to see the file. If its less than 7 years old then there is no fee involved for inspection. If its older then expect to pay a fee. Donegal Co. Council charge a fixed fee of €30 for retrieving a file from the archives (older than 7 years)

Just to note that anyone can buy a copy of the permission (€9.25 here) but copies of documents in applications prior to 2004 will only be made available to the applicant or his agent.

Poor Uncle Tom

martinn123 wrote: »

and in reality what are the implications, of not looking, given the above....'' highly unlikely''

The implications are that if there is a planning condition saying that no exempted developments may be constructed with this estate and you build one, then it's not exempted and you can be prosecuted or made to regularise the situation by applying for retention or removing the the offending article.

martinn123

Poor Uncle Tom wrote: »

The implications are that if there is a planning condition saying that no exempted developments may be constructed with this estate and you build one, then it's not exempted and you can be prosecuted or made to regularise the situation by applying for retention or removing the the offending article.

Yea, I accept that, I suppose my question is based on the last few Certs of Compliance, issued for work I have done.
At no time was anyone questioned on the above issue, to my knowledge, the Cert was issued on the more usual criteria.
So who checks the original planning for this, the Home owner, the Contractor ( you say i can be prosecuted ) or the Guy issuing the Cert,

i have a feeling I know the answer.

muffler

martinn123 wrote: »

Yea, I accept that, I suppose my question is based on the last few Certs of Compliance, issued for work I have done.
At no time was anyone questioned on the above issue, to my knowledge, the Cert was issued on the more usual criteria.
So who checks the original planning for this, the Home owner, the Contractor ( you say i can be prosecuted ) or the Guy issuing the Cert,

i have a feeling I know the answer.

Dont go there!

We have heard it all too often from you in the past so save yourself a lot of grief and stick to the topic.

Poor Uncle Tom

martinn123 wrote: »

I have noted this feature in previous posts regarding Extentions, and the Original Planning permission for the Estate.

By this I presume you mean a condition on a planning permission restricting or banning development that would otherwise be considered exempted development.

martinn123 wrote: »

How would you go about checking this, say on an estate 10 yrs old.

This can be checked by reading the conditions of the relevant planning permission at the offices of the Local Authority.

martinn123 wrote: »

The original builders are probably gone, and Solicitors acting for the purchaser, perhaps are acting for Second or Third owners of the home from its original build.

This is just confusing and not relevant here as the OP is asking about a proposed porch and whether same needs planning permission. What you are referring to here is something completely different.

martinn123 wrote: »

Co Co records are on line, but not going back too far, so for an extention, or a porch, in this thread, where would you start to look, and in reality what are the implications, of not looking, given the above....'' highly unlikely''

Again this is extremely confusing.
1. In the context of the OP the above can be taken to mean finding the planning permission for the original estate, which isn't hard, a quick look in the planning office will get it for you, it is a public file after all.
2. In light of your post the above can be taken as trying to find a planning permission for an extension or a porch which may or may not exist.

muffler wrote: »

The local planning office is the best place to check. Im not sure about other LAs but here in Donegal the online system is available for applications received after May 2004 where all documents can be viewed. A lot of the applications for the previous 5 years or so would have the conditions available to view.

However each Planning Authority is required to keep a register of all applications received so you can go to the local office and search for an application either by name or identifying the site on the map register. Once the reference number is determined you can then ask to see the file. If its less than 7 years old then there is no fee involved for inspection. If its older then expect to pay a fee. Donegal Co. Council charge a fixed fee of €30 for retrieving a file from the archives (older than 7 years)

Just to note that anyone can buy a copy of the permission (€9.25 here) but copies of documents in applications prior to 2004 will only be made available to the applicant or his agent.

All on-the-button extremely helpfull information and entirely relevant to the OP.

Poor Uncle Tom wrote: »

The implications are that if there is a planning condition saying that no exempted developments may be constructed with this estate and you build one, then it's not exempted and you can be prosecuted or made to regularise the situation by applying for retention or removing the the offending article.

I thought I was helping by attempting to explain the one area I thought needed to be expanded upon.

martinn123 wrote: »

Yea, I accept that,

You seem to acknowledge what has been posted, but then.......

martinn123 wrote: »

I suppose my question is based on the last few Certs of Compliance, issued for work I have done.

This is new and totally off-topic. While it is related to the original post, it is on a separate tangent and can drag the thread completely off-topic.

martinn123 wrote: »

At no time was anyone questioned on the above issue, to my knowledge, the Cert was issued on the more usual criteria.
So who checks the original planning for this, the Home owner, the Contractor ( you say i can be prosecuted ) or the Guy issuing the Cert,

Now this has absolutely nothing to do with the OP and can't be answered here.
I will start a new thread for this in a second because I believe there is a valid debate to be had on the issue, but I will need your help to straighten out the Opening Post.

In the interim, please keep this thread on-topic, thank you.

martinn123

Thank you PUT for cleaning up the thread as you have, I will contribute all i can to the new thread, but simple question I hope on topic,
Question asked.......can I build a porch, under 2 SqM

Answer ...Yes... maybe

Who checks the Original Planning, I guess its the Home owner.

Poor Uncle Tom

If I want to build a new porch onto my house and I employ a contractor to build it and I later find it needed planning permission, it falls on my shoulders not the contractors.

martinn123

Poor Uncle Tom wrote: »

If I want to build a new porch onto my house and I employ a contractor to build it and I later find it needed planning permission, it falls on my shoulders not the contractors.

O.K My apologies to all.

I Read,

Poor Uncle Tom wrote:

The implications are that if there is a planning condition saying that no exempted developments may be constructed with this estate and you build one, then it's not exempted and you can be prosecuted or made to regularise the situation by applying for retention or removing the the offending article.

Taking YOU as reffering to the Contractor.