Exemption - section 5

joebre

Several internet threads on "gross floor area" on Boards but decided to post here in this most recent one.
Guy bought house in estate with 10sq.m detached shed.
Asks non technical friend for advice and builds new separate games room.
Planning Enforcement arrive and tell him he will have to knock one of the two sheds.
He applies for retention.
Granted by Council but appealed by neighbour to ABP.
ABP grant retention but order external overhang to be removed and shed to be lowered by 250mm.
Guy does not finish cladding the shed and Council send him Warning Notice.
I measured the internal floor area of the larger shed and found it is 25.6m2.
I haven't seen the retention drawings but assume that it was proposed to reduce the floor area of the larger shed to under 25m as 24.6 was stated in the Retention application.
Guy in now proposing to demolish smaller shed and claim that the second shed is Exempt ( by reducing the internal floor area to under 24.6 sq. m) He intends to build out the back wall internally to reduce the depth.
Do you think what he is doing is within the Regulations?
He could seek a Section 5 Referral ?

Gumbo

Sounds very messy and I'm not 100% sure of what's going on based on the info.
Has your friend employed someone with a bit of experience to offer advice?

No point spending all the money trying to rectify an issue and it may not be resolved.

joebre

Sorry, it's a long story and thought I had added to another thread about floor area.

Basically guy has two sheds and he wants to knock the smaller on and claim the larger is exempt.
File was decided by ABP and larger shed is still greater than 25m2.
He wants to reduce that internally by building out the back wall and shortening the depth.
Anybody that likes can then come and measure and find it is under the exempted area.

Gumbo

joebre wrote: »

Sorry, it's a long story and thought I had added to another thread about floor area.

Basically guy has two sheds and he wants to knock the smaller on and claim the larger is exempt.
File was decided by ABP and larger shed is still greater than 25m2.
He wants to reduce that internally by building out the back wall and shortening the depth.
Anybody that likes can then come and measure and find it is under the exempted area.

My advice is to employ someone local and survey the site. Tell him exactly what to knock etc. Remember that the exemption limits are for internal floor area so he could in theory build up the wall on the inside with insulation or a timber stud etc to bring down the floor area.

Angry bird

Check this re works around the house to see if the garage would be exempt. More than just 25 sq. m. as a condition to be exempt.

http://www.environ.ie/search/archived/current/category/planning/sub-type/information-guideleaflet/topic/leaflets

joebre

Thanks kceire & Angry Bird for your link

One sentence that stood out was "Garages, sheds etc. to the side of the house must
match the finish of the house"
This condition is largely ignored throughout the country but does not apply in this case.
Shed is in rear garden and is used a relaxation room where guy enjoys the fish pond in his garden.
Roof is pitched but under 4.0m.
Well over 25m2 left in garden.
Area of shed is 25.5m2 but he proposed to reduce the area internally to under 25m2 as an easier option.
Really wondering what effect application for retention would have had, based on the two sheds.
Do the conditions applied by ABP no longer affect the shed if the shed can now be considered to be exempt?