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Building exempted development whilst building a new build

  • 06-02-2018 11:33am
    #1
    antiskeptic
    Registered Users, Registered Users 2 Posts: 9,555 ✭✭✭


    Hi.

    Am looking at cleaving a site off an existing property. Planning granted for the new house on the new site would involve providing X amount of private open space. Is there anything stopping me, once planning for the house granted, from building the house plus an additional structure within the confines of the exempted development rules all at the same time?

    Cheers,


Comments

  • #2
    Lumen
    Registered Users, Registered Users 2 Posts: 31,222 ✭✭✭✭Lumen


    Similar recent thread.

    https://www.boards.ie/vbulletin/showthread.php?t=2057835237


  • #3
    sydthebeat
    Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    antiskeptic wrote: »
    Hi.

    Am looking at cleaving a site off an existing property. Planning granted for the new house on the new site would involve providing X amount of private open space. Is there anything stopping me, once planning for the house granted, from building the house plus an additional structure within the confines of the exempted development rules all at the same time?

    Cheers,

    yes there is.

    in order to benefit from the exempted development conditions, development must exist.

    for example, you cannot build a house plus 40 sq m extra at the same time.
    you would be in contravention of condition 1 of your planning permission.
    you also cannot "extend" what doesn't exist.


  • #4
    Casati
    Registered Users, Registered Users 2 Posts: 3,053 ✭✭✭Casati


    sydthebeat wrote: »
    yes there is.

    in order to benefit from the exempted development conditions, development must exist.

    for example, you cannot build a house plus 40 sq m extra at the same time.
    you would be in contravention of condition 1 of your planning permission.
    you also cannot "extend" what doesn't exist.

    Can’t you build an exempted shed / garage to the side or rear of a house at the same time that house is being built?


  • #5
    sydthebeat
    Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Casati wrote: »
    Can’t you build an exempted shed / garage to the side or rear of a house at the same time that house is being built?

    Technically no.

    It has to be placed within the curtilage of a house, and a house doesn't exist until its finished.


  • #6
    antiskeptic
    Registered Users, Registered Users 2 Posts: 9,555 ✭✭✭antiskeptic


    sydthebeat wrote: »
    yes there is.

    in order to benefit from the exempted development conditions, development must exist.

    for example, you cannot build a house plus 40 sq m extra at the same time.
    you would be in contravention of condition 1 of your planning permission.
    you also cannot "extend" what doesn't exist.

    Thanks Syd. I asked on the thread linked above whether I would dig founds/lay slab for the to-be extension whilst doing the build and it appears that would be okay. You concur?




    Another question springs to mind. The site is at the end of a sloping-up-from-the-main-house garden. Directly on the other side of the end garden wall, and running parallel to it, is a residential path/road. Access to the site/new house would be from that road.

    Other end of garden houses on the stretch have excavated the slope out and built up-side-down living: living upstairs level with the residential road and bedrooms downstairs below the level of the road.

    Planning applications for those houses have described them as houses with a basement level - presumably because the 'ground' floor lies below street level.

    Question: if a two storey house is described as having a basement, does that make the upstairs floor, the one level with the street, ground level?

    If so, can exempted development be created at this level? Or must it be created at basement level.

    2nd question. If exempted development permits development at ground (i.e. street) level, do you need permission to include a basement on the exempted development


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