Example Opinion on Compliance with Exemption from Planning Control

FJMC

Is there anywhere where you can view a completed example copy or specimen copy of an OoC with Exemption from Planning?

Just wanted to check the wording / description on the exemption example if the typical form makes a lot of references to relevant documents, planning orders and conditions which would not be relevant for exemption.

Thanks.

muffler

Im not sure if the professional bodies keep a standard template but I had always used my own wording over the years although I probably got the basis for it from some other cert back a long time ago.

FJMC

Thanks.

I think architects and others have a standard form - seen an example online for opinion for compliance with planning permission - but wanted to see one for compliance for exempted development - just trying to understand the difference of what each says and what the various qualifications, caveats, etc. are.

sydthebeat

for section 5 declarations, there are loads here

https://www.wicklow.ie/Living/Services/Planning/Planning-Applications/Exempted-Development/Section-5-Declarations-Issued

for private Opinions on compliance, individual professional would have their own wording that is preferably not to be shared on the internet

mickdw

Would sometimes be issued as part of a cert of compliance for the property also just using an additional point to reference exempt extension.

To me this makes most sense to me in situations where there is planning in place for the original property as nobody has any business certifying exemption in a case where there is any question over the planning status of the original property.

FJMC

Thanks.

There are examples on the internet for OoC with Planning Permission - both blank templates and completed examples - but not Exempted Development.

I just wanted to compare the two - Permission and Exempt.

Sharing things on the internet is how a lot of information is exchanged - I don't see a problem with that - provided personal information is withheld.

F

muffler

https://www.boards.ie/discussion/comment/120545862#Comment_120545862

Is this for your own use? Are you just starting out in the businesses or just curious?

sydthebeat

https://www.boards.ie/discussion/comment/120545862#Comment_120545862

the wording of such certification can be developed over years from communications from different solicitors, making it quite specific to the provider of the certification, so some professionals may not be quick to share.

also, as members of professional bodies, examples may be provided by their specific professional body

for example RIAI opinion on planing compliance is 6 pages long.

some good information here, specifically section 7.46

07-34.pdf

Penn

https://www.boards.ie/discussion/comment/120545862#Comment_120545862

In a lot of cases, the Opinion on Compliance with Planning Permission is the document which would be used, as you're certifying that it complies with Planning Permission by being an Exempted Development (ie. it complies with planning permission regulations because you're certifying that in accordance with those regulations, planning permission isn't required for the works).

FJMC

No not for own use.

In the business but not starting out!

I have used OoC before but a question came up about a hypothetical situation RE exempted development and the forms didn't seem to be particularly in tune with that situation - so I was trying to develop a little bit of knowledge on it - but thought available information was a little lacking!

F

sydthebeat

https://www.boards.ie/discussion/comment/120545912#Comment_120545912

what is the hypothetical situation?

its always good to thrash things out with others to see what different points of view there are

muffler

https://www.boards.ie/discussion/comment/120545952#Comment_120545952

Or to get a good argument going!!!

muffler

https://www.boards.ie/discussion/comment/120545902#Comment_120545902

Never seen that before.

FJMC

Hypothetical situation is just that - exempted development - rather than planning permission - but references on form are very much geared towards planning permission situations - Planning Orders, Relevant Documents, Conditions, etc.

F

FJMC

Thanks for the Law Society information. I had a cursory look at this previously but thought it had been superseded.

I'll have a more thorough look as it may still give a good indication of considerations.

Thanks

F

Penn

https://www.boards.ie/discussion/comment/120546014#Comment_120546014

Ultimately that's what certifying Exempted Development is; the rules for exempted development are part of the planning & development act, and so you're certifying that it's in compliance with planning rules as it doesn't require planning under the conditions of the planning rules.

A bit of a circular argument I guess, but it was always accepted and never questioned. We used the standard (at the time anyway) Engineers Ireland Opinion on Compliance form.

mickdw

I believe the Engineers Ireland form had a standard section re Exempted Development so was useful.

Mellor

https://www.boards.ie/discussion/comment/120546089#Comment_120546089

You could offer an opinion that it was in accordance with P&D Act. I don't think you could certify that it was.

part V declaration would be a bit more common I'd expect.