query on standalone new building occupying 90% garden

BK1975

https://www.boards.ie/discussion/comment/120752601#Comment_120752601

will do i dont want to post anymore pics of it but think of a large garden shed that is being fitted for human habitation

10-10-20

https://www.boards.ie/discussion/comment/120752545#Comment_120752545

Where's the lovely corrugated roof shedding the water into and will a gutter overhang onto your property?

BK1975

https://www.boards.ie/discussion/comment/120752619#Comment_120752619

yes good point, anyways back from the planning team in Tallaght...they are good to go with what i have sent and till start proceedings with a letter followed by an onsite visit thereafter...

CreadanLady

Just make sure that you have your own planning and other affairs all in order and above board. Often a neighbour who is complained will make a vexatious countercomplaint about the neighbour they suspect of complaining them, about something of their affairs that is not up to scratch.

BK1975

https://www.boards.ie/discussion/comment/120755756#Comment_120755756

thank you, yes the house i moved in last oct and all was in order with regards to the house etc from my solicitors point of view.

Mellor

https://www.boards.ie/discussion/comment/120752545#Comment_120752545

FYI, those criteria only apply to exempt development. As it is clearly not exempt, it is simply 100% unauthorised. There is no partial compliance or authorisation.

It's about 21.5sqm area, and cover's about 27sqm. Leaving c.13sqm of open space. They are probably intending that is is a "shed/garage" classification.

Dohnjoe

Just posting here to bookmark as I'm also interested in the outcome of this

10-10-20

https://www.boards.ie/discussion/comment/120779159#Comment_120779159

That's what this little flag thing is for:

Inforapenny

Any update OP?

BK1975

Back for an Update,

Neighbour received notice from the Planning office at Tallaght July 14th. All works stopped..they have till Aug 14th to respond to the Planning office.

A site inspection was to take place however i have no idea if it did or not.

Last week i got an email from the Planning office that this build was 'exempt' development following a site inspection. I will be following up with the Planning office but would someone be able to shed some light no their interpretation and also the extract from the Planning leaflets on extensions as i am confused (mainly on the reducing of the open space to less than 25 sq meters - see last bullet on the screenshot below).

I refer to previous correspondence regarding the above location.

Following an inspection carried out by the Planning Authority it was found that the structure is exempt development as per Class 1 and the combined open space of 25.51 meets the requirements as prescribed in the Planning and Development Act.                                                  .

Accordingly, I am to advise that there is no further action warranted in the matter and the file has been closed.

Thanks if someones can advise

muffler

Have a look at the regs regarding exempted development specifically extensions to houses - LINK

Gumbo

https://www.boards.ie/discussion/comment/121302690#Comment_121302690

Are the planning office confirming that there is 25 sq. m of open space remaining?

muffler

https://www.boards.ie/discussion/comment/121303262#Comment_121303262

25.51 m2 of open space remaining apparently as indicated in the post above.

Gumbo

https://www.boards.ie/discussion/comment/121303331#Comment_121303331

So all above board then.

BK1975

https://www.boards.ie/discussion/comment/121303375#Comment_121303375

you sure its all above board...see this pic...where is the 25sq meters of open space left. The Width of their garden is the GREY fence on the left of the pic..so the end space is no more than a meter or 2 and my garden is identical so its about 5m wide. at best they have 10sq meters at a push...something doesnt smell right with this.

BK1975

https://www.boards.ie/discussion/comment/121303331#Comment_121303331

Nope, not what i can see...thinking no inspection took place

Are you including the side passage?

BK1975

https://www.boards.ie/discussion/comment/121304439#Comment_121304439

No Side Passage exists

BK1975

We are joined together and thus would be considered Mid Terrace (in a row of 5 houses)

Gumbo

https://www.boards.ie/discussion/comment/121304403#Comment_121304403

I said it from the start, months ago in my first response to you that I think you’re correct and this needs planning.

But based on the photos you have provided, the roof over hang may be confusing you a bit as the space underneath it is open space.

Look at this measurement from your initial picture compared to your latest picture which explains more detail.

That width there could be 3.5m (give or take), multiply it by the 5m depth and then add on the additional space in the lower left corner of the photo and the wall way around it.

I now think they may be just within their limits.

sydthebeat

looking at the individual laths and the bricks on top of the rear boundary wall, it could be argued that there is about 3.8 meters between the building and the boundary wall. if the 25.51 sq m is correct, then, including that open space you can see between the two single storey annexes (approx 2.5m x 2.5m), they need is about 5 meter length adjacent to the building to be in the ballpark of 25 sq m. counting the blocks along the side (12) shows the building is about 5.4m long.

so yes, its quite possible theres 25 sq m left.

whether its usable or not is a different question, but its definitely possible.

sydthebeat

https://www.boards.ie/discussion/comment/121304501#Comment_121304501

snap !!

and edit: i didnt realise there was so much space left behind the building as well... its doesnt run to the rear boundary and looks to be about 1.5 meters away, adding more available space

BK1975

https://www.boards.ie/discussion/comment/121304521#Comment_121304521

Sorry folks and I do appreciate the pic is confusing so here is the very first pic when they were digging the foundations out...the dark grey shed is the OTHER property and u can see the fence boundary...so again how are they getting away with OPEN space being more than 25sq meters

Council have said it's compliant and there's 25sqm so just drop it.

BK1975

https://www.boards.ie/discussion/comment/121304501#Comment_121304501

Thanks Gumbo but the WHITE back fencing is NOT their house...its next doors.

here is a pic. mine is on the left of pic (grey windows) RED is the house building the extn and the last house is the neighbour who has the GREY/BLACK Shed you see. there is a boundary between the 2 houses.

BK1975

https://www.boards.ie/discussion/comment/121304665#Comment_121304665

thanks for your feedback but wouldnt you query it if it wasnt clear why permission was granted...i have no argument on the extension of existing ground floor space as they must of knocked a wall through once the roof was in place. but where i am querying is the outside private space. i dont see the justification for it be also cleared as we both have same size gardens.

sydthebeat

youve not much opinions left other the office of the ombudsman

im not sure if you can appeal this to ABP

Gumbo

https://www.boards.ie/discussion/comment/121304672#Comment_121304672

Ok that changes it then.

Id ask then how they got their measurements while using your measurement as a counter to it.

Google maps has a measuring tool - The new extension won't be on it but you can use it to give you an idea of what the remaining open space may be. Additionally, lodge an FOI request for the inspectors report on the site - This should have the measurements taken and photographic evidence.

BK1975

https://www.boards.ie/discussion/comment/121304796#Comment_121304796

Thanks Yakov, very useful and yes i will lodge a FOI request to see how this 25.51sq m was calculated