Home Office exempt with shed already there?

Denis365

I'm wondering if I can build a home office in my back garden that's around 20 sqm when there's already a 30sqm shed there?

The house was build in 2001 and 10 years later the previous owners applied for permission for the shed and it was granted. So my question is if we still have the 25sqm 'exempt' development to use or if if the previous shed is included in that total even though it had separate permission? TIA.

sydthebeat

Denis365 wrote: »

I'm wondering if I can build a home office in my back garden that's around 20 sqm when there's already a 30sqm shed there?

The house was build in 2001 and 10 years later the previous owners applied for permission for the shed and it was granted. So my question is if we still have the 25sqm 'exempt' development to use or if if the previous shed is included in that total even though it had separate permission? TIA.

no you cant

its requires permission as the areas are cumulative

Gumbo

Denis365 wrote: »

I'm wondering if I can build a home office in my back garden that's around 20 sqm when there's already a 30sqm shed there?

The house was build in 2001 and 10 years later the previous owners applied for permission for the shed and it was granted. So my question is if we still have the 25sqm 'exempt' development to use or if if the previous shed is included in that total even though it had separate permission? TIA.

Planning permission for the new shed required.

BrianD3

See posts 12-14 in the below thread. It is far from clear that the area of the shed with planning permission uses up the exempted development allowance of 25 sq metres.

https://www.boards.ie/vbulletin/showthread.php?p=114420981

It all hinges on the exact definition of "such structures".

sydthebeat

BrianD3 wrote: »

See posts 12-14 in the below thread. It is far from clear that the area of the shed with planning permission uses up the exempted development allowance of 25 sq metres.

https://www.boards.ie/vbulletin/showthread.php?p=114420981

It all hinges on the exact definition of "such structures".

its perfectly clear, there is no ambiguity.

the term such structures is defined by Class 3:

The construction, erection or placing
within the curtilage of a house of any
tent, awning, shade or other object,
greenhouse, garage, store, shed or other
similar structure

from here

2. The total area of such structures
constructed, erected or placed within the
curtilage of a house shall not, taken
together with any other such structures
previously constructed, erected or placed
within the said curtilage, exceed 25
square metres.

BrianD3

sydthebeat wrote: »

its perfectly clear, there is no ambiguity.

the term such structures is defined by Class 3:



from here

I'm well aware of what the regs state, thanks. As this is the exempted development part of the regs, it could easily be argued that it is referring to such exempt structures

As pointed out in the other thread, the section on Class 1 exempted developments i.e. extensions is very clear. If you obtain planning permission for an extension, you no longer have the allowance for a further extension under exempted development.

Why do you think that line is not included for Class 3 developments i.e. sheds.

Please provide evidence from An Bord Pleanala etc. to back up your confident assertion.

sydthebeat

BrianD3 wrote: »

I'm well aware of what the regs state, thanks. As this is the exempted development part of the regs, it could easily be argued that it is referring to such exempt structures
.

http://pleanala.ie/documents/reports/RL3/RRL3548.pdf

it cant be easily argued.

read page 11 of this report

the areas are cumulative

i quote:

I consider, therefore, that the floor area of the store / games room combined with the remaining garden shed exceeds the allowance of 25sqm and thus cannot avail of the exemption as set out in Class 3 of Part 1 of Schedule 2 of the Regulations.

sydthebeat

as a further cementing of this, all the agricultural exemptions are worded in a similar manner to the garage exemptions... using the phrase "together with any other such structures situated within the same farmyard complex"

class 6, class 7, class 8, class 9, class 12 and class 13 of the "Rural" exemption all use this wording.

in any case, the conditions of class 2 "extensions" does actually refer to the same wording as the others....

2. (a) Where the house has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 40 square metres.

The addition of the phrase

including those for which planning permission has been obtained

is simple clarififcation of the previous iteration of the exempted regulations having the simply wording

Where the dwellinghouse has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions, shall not exceed 23 square metres.

Calahonda52

BrianD3 wrote: »

I'm well aware of what the regs state, thanks. As this is the exempted development part of the regs, it could easily be argued that it is referring to such exempt structures

As pointed out in the other thread, the section on Class 1 exempted developments i.e. extensions is very clear. If you obtain planning permission for an extension, you no longer have the allowance for a further extension under exempted development.

Why do you think that line is not included for Class 3 developments i.e. sheds.

Please provide evidence from An Bord Pleanala etc. to back up your confident assertion.

Are you a master or an expert in this field?