Rooflights

Motomorino

Hi we put in rooflights during construction of a new house on a flat roof, our engineer suggested we avail of a section 5 from the council, we did not have these rooflights on our drawings for planning permission. We got our section 5 from the council, but a neighbour objected and it went to ABP who turned us down because the rooflights were not part of our original planning permission. Just wondering where does this leave us now, do we go for retention or put in restrospective planning permission.

Gumbo

Motomorino wrote: »

Hi we put in rooflights during construction of a new house on a flat roof, our engineer suggested we avail of a section 5 from the council, we did not have these rooflights on our drawings for planning permission. We got our section 5 from the council, but a neighbour objected and it went to ABP who turned us down because the rooflights were not part of our original planning permission. Just wondering where does this leave us now, do we go for retention or put in restrospective planning permission.

Somethings not right here.
Section 5 to the council is you simply asking the council if the described works require planning. They answer yes or no.

Can you post a link to your Section 5 application, even by PM?

The roof lights to the rear would generally be exempt unless they were specifically conditioned out or it could be an ABP inspector ruling that to avail of the exemption, then there has to be a complete house already.

What stage of construction are you at?

Motomorino

The house is built, yes the council did reply and they declared it exempted development. You can still make an objection and our neighbour did and then he appealed the decision to APB who said it was not exempted development.

DOCARCH

How close to the boundary are the roof lights?

I have seen people fall foul where building an extension as exempt development they have ended up with roof lights less than 1.0m from the boundary and council have deemed these to be 'windows'.

sydthebeat

Motomorino wrote: »

The house is built, yes the council did reply and they declared it exempted development. You can still make an objection and our neighbour did and then he appealed the decision to APB who said it was not exempted development.

??

i dont think that is available under a section 5 declaration application.

An interested person may be someone who is aware of the request for a declaration and makes submissions
in relation to it (solicited or unsolicited). Despite such a clearly expressed interest in the matter, an interested
person in these circumstances does not appear to have any right to be issued with the declaration under
section 5 (2)(a), or to have any related right of appeal to the Board under section 5 (3)(a). While this conclusion
may be drawn from the wording of section 5 itself, such a conclusion could, in particular circumstances, be
criticised on the basis that it is inconsistent with the right to information, to participate, and the right to an
effective review procedure under the Aarhus Convention and related European Directives.

from here

Motomorino

Yes I have read that too but the facts still remain, our neighbour appealed the decision to ABP who acknowledged the section 5 declaration but still said it was not exempted development. my question now is where does this leave us. Do we put in new planning application for retention etc. I suppose the best thing is to go to a planning consultant but they are so expensive...

Gumbo

Motomorino wrote: »

Yes I have read that too but the facts still remain, our neighbour appealed the decision to ABP who acknowledged the section 5 declaration but still said it was not exempted development. my question now is where does this leave us. Do we put in new planning application for retention etc. I suppose the best thing is to go to a planning consultant but they are so expensive...

PM me the details.
The section 5, the ABP details are on the public websites.

sydthebeat

Motomorino wrote: »

Yes I have read that too but the facts still remain, our neighbour appealed the decision to ABP who acknowledged the section 5 declaration but still said it was not exempted development. my question now is where does this leave us. Do we put in new planning application for retention etc. I suppose the best thing is to go to a planning consultant but they are so expensive...

retention??? so you went ahead and did the work anyway without permission?

Gumbo

sydthebeat wrote: »

retention??? so you went ahead and did the work anyway without permission?

Sounds like the roof lights were in place before the guy complained and made the observation to the Section 5.

sydthebeat

Ah yes that makes sense.

The bords report would be an interesting read