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Planning restrictions on erecting a small garden shed

  • 05-05-2018 8:06pm
    #1
    Registered Users, Registered Users 2 Posts: 1,905 ✭✭✭


    I live in an estate where all houses are under a planning condition where the guidelines in PL5 do not apply.
    This means i may need planning permission to put up a simple garden shed.

    I asked the planning office but they just directed me to PL5, so i think they see "garden shed" and go for the default response of pointing me to PL5.


    I have a few questions surrounding this:

    - is this common?
    - what is the thinking behind this restriction?
    - is applying for planning permission the only option?


Comments

  • Moderators, Society & Culture Moderators Posts: 40,356 Mod ✭✭✭✭Gumbo


    fret_wimp2 wrote: »
    I live in an estate where all houses are under a planning condition where the guidelines in PL5 do not apply.
    This means i may need planning permission to put up a simple garden shed.

    I asked the planning office but they just directed me to PL5, so i think they see "garden shed" and go for the default response of pointing me to PL5.


    I have a few questions surrounding this:

    - is this common?
    - what is the thinking behind this restriction?
    - is applying for planning permission the only option?

    The reason behind it is that when the original developer got permission for the development, he was at the limit of what he could build. The max density, the max coverage etc

    So in order to control further development on the lands, the exemptions are de-exempted. Quite common in larger developments.

    Just means you have to apply for permission for particular structures that might otherwise be exempt to other estates.


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,451 Mod ✭✭✭✭DOCARCH


    A shed is a different class of exempted development to an extension. An extension being Class 1, a shed being Class 3.

    You need planning permission for any extension (that would normally be exempt), however, you may not need planning permission for a shed.

    Important to find/read the exact wording of the original planning permission for your estate.


  • Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    I had this in the first house we bought. The parent permission stated that regardless of the exemptions permitted, planning was still required for rear extensions etc. Tbh, a lot of people built on, not knowing i'd imagine of the parent permission condition. Technically, retention will have to be sought prior to any house sale.

    Is the shed structure i.e. blocks or just timber shed?


  • Registered Users, Registered Users 2 Posts: 1,905 ✭✭✭fret_wimp2


    DOCARCH wrote: »
    Important to find/read the exact wording of the original planning permission for your estate.

    The key statement in the planning doc is this:

    "In relation to residential houses, notwithstanding, the provisions of schedule 2, part 1 of the planning and development regulations 2001, no extensions, garages, stores or other similar structures shall be erected without a prior grant of planning permission"
    rayjdav wrote: »
    Is the shed structure i.e. blocks or just timber shed?
    self assemble steel shed,10x8. Not any more permanent than a wood shed, just a bit more secure.



    Planning permission can cost 500 euros or more when getting all drawings and documents in order. it seems excessive for a garden shed, could come close to doubling the cost of the shed.


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


    fret_wimp2 wrote: »
    The key statement in the planning doc is this:

    "In relation to residential houses, notwithstanding, the provisions of schedule 2, part 1 of the planning and development regulations 2001, no extensions, garages, stores or other similar structures shall be erected without a prior grant of planning permission"


    self assemble steel shed,10x8. Not any more permanent than a wood shed, just a bit more secure.



    Planning permission can cost 500 euros or more when getting all drawings and documents in order. it seems excessive for a garden shed, could come close to doubling the cost of the shed.

    Unfortunately that restriction exists in your estate. Its something that should have been flagged to you when you bought.

    You could band together with your neighbours and apply for permission to remove that condition from the original application.
    No guarantees of it passing though.

    I have seen similar conditions but worded slightly differently as to only require "planning authority permission" rather than formal "planning permission"

    The alternative is to apply for a section 5 declaration and see if the council tie themselves up in knots... Which would be funny... :)


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  • Registered Users, Registered Users 2 Posts: 1,905 ✭✭✭fret_wimp2


    sydthebeat wrote: »
    You could band together with your neighbours and apply for permission to remove that condition from the original application.

    I cant see that happening, quite a few neighbours already got sheds, the assumed thinking is that nobody will check or notice a small shed in a back garden. Requesting permission however woudl bring the council in and they could be forced to take the sheds down.

    I could do the same but dont want to go to the hassle & expense if i can at any moment be ordered to remove it.

    sydthebeat wrote: »

    The alternative is to apply for a section 5 declaration and see if the council tie themselves up in knots... Which would be funny... :)

    a section 5 would just ensure they copy/paste the reason from the permission document:

    Reason: In the interests of residential and visual amenity and in order to ensure sufficient private
    open space be retained for the new dwellings.


    Thing is, unless a resident is putting in a massive shed or extension, there will always be way more required 25m square of unroofed garden space.

    Thanks for the advice all.


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,451 Mod ✭✭✭✭DOCARCH


    fret_wimp2 wrote: »
    "In relation to residential houses, notwithstanding, the provisions of schedule 2, part 1 of the planning and development regulations 2001, no extensions, garages, stores or other similar structures shall be erected without a prior grant of planning permission"

    That's fairly clear cut!


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