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Changes from PP Drawings Granted

  • 27-10-2015 4:56pm
    #1
    Registered Users, Registered Users 2 Posts: 955 ✭✭✭


    Quick planning query: if there are slight deviations from drawings submitted for planning permission during the construction stage is retention required?

    For example, movement of windows/doors? Or even the addition/omission of same?

    No increase in floor area or height of building.


Comments

  • Closed Accounts Posts: 808 ✭✭✭Angry bird


    Maybe, depends. Section 4-1-h Planning Act 2000 covers such minor works for a section 5 exempt development declaration, otherwise submit retention permission application.

    It states: development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures;


  • Registered Users, Registered Users 2 Posts: 955 ✭✭✭Tim76


    From what I can gather, you can obtain a Section 5 Declaration from the Council on any deviations under Section 5 of the Planning and Development Act 2000-2002.

    It’s the only way to be sure on whether the deviations are non-compliant. However most CCs wouldn’t want to take the responsibility and will simply request a retention application.

    Otherwise you are relying on the architect/engineer’s opinion on whether any minor deviations do not constitute a contravention of the Planning Orders and the Development Plan & hoping the Council agree with that opinion should there be any issues down the line.


  • Registered Users, Registered Users 2 Posts: 167 ✭✭lownhard


    Tim76 wrote: »
    Quick planning query: if there are slight deviations from drawings submitted for planning permission during the construction stage is retention required?

    For example, movement of windows/doors? Or even the addition/omission of same?

    No increase in floor area or height of building.

    If I was an architect I wouldn't sign for substantial compliance. Retention all the way...


  • Closed Accounts Posts: 808 ✭✭✭Angry bird


    The section 4 bit of the act I quoted is not bound by planning conditions but I stress in particular for external works it's minor deviations.


  • Closed Accounts Posts: 808 ✭✭✭Angry bird


    If you're moving or altering the position or shape of windows or doors I would consider that minor but the extension must be in place first. Is you think it's minor, go for the section 5 declaration as at best it's a win and at worst it's a 4 week delay on having to submit a retention planning application. I disagree with the other poster in that the council will make a decision without too much sweat either way.


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  • Registered Users, Registered Users 2 Posts: 615 ✭✭✭Strolling Bones


    Tim76 wrote: »
    Quick planning query: if there are slight deviations from drawings submitted for planning permission during the construction stage is retention required?

    For example, movement of windows/doors? Or even the addition/omission of same?

    No increase in floor area or height of building.

    Retention permission is required.

    Rely on 4.1.h only if you have access to free legal services and dont mind complicating future conveyancing


  • Closed Accounts Posts: 808 ✭✭✭Angry bird


    Yes SB, which is why the poster would seek a declaration of exemption from the Council, and if they say no, obtain retention permission off the Council. Either way it is for the Council to sign off.


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