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Exempted development application for 25m2 garden shed

  • 03-04-2024 8:24am
    #1
    Registered Users, Registered Users 2 Posts: 95 ✭✭


    Hi all

    I am wondering is it worth my while to submit an exempted development application to my co co for the below 24m2 shed built to the side of my dwelling, which will be used as a garden shed / gym. The internal floor area will be 24m2. I am proposing to build this with an inner and outer leaf of 100mm blocks, and pump the cavity with 150mm insulation. The finish will match to the existing dwelling ( Cream render)

    Description of works:

    Proposed development will be built to a floor area of 24m2.

    Building will be finished to match existing dwelling, with a flat roof reaching a height of 3 meters.

    Remaining garden space exceeds 100m2.

    Current steel shed will be dissembled, and no further structures will be within the garden space

    Does any one know how much detail has to go into these applications? Site layout plan below which I was planning to use for the application, would this suffice with some photos of the site and description of works? I don't want to fork out the money on a draughtsman to submit this as I have done this in the past for my extension which was approved as an exempted development ( Cost me 500 euro)

    The application for an exempted development states it must come enclosed with the below drawings. Any one know how strict they are with this ? i.e the scale being right, should they be CAD drawings with detail etc.

    Appreciate any inputs from folk who might be have some experience / knowledge with this.



Comments

  • Registered Users, Registered Users 2 Posts: 4,707 ✭✭✭blackbox


    I thought exempted meant you don't have to apply for permission.



  • Registered Users, Registered Users 2 Posts: 95 ✭✭Dylan97


    You can apply to them confirming that it is indeed exempt, and they will issue you a piece of paper saying the proposed works are exempt.



  • Registered Users, Registered Users 2 Posts: 46,549 ✭✭✭✭muffler


    From your description it would appear to be exempt. However you should check the development plan for the area to establish if there are any restrictions regarding such structures. Also be aware that the planners could take the view that the flat roof doesn't match the house although it would be unlikely.

    You will require plans drawn to scale together with location map and site layout plan.



  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    IIRC you only get one exempt dev shot, which you have used up already…. not my area of expertise

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 46,549 ✭✭✭✭muffler


    You can build an exempt extension and a separate exempt detached shed/garage. However converting an existing garage to habitable accommodation and building an extension are lumped together for floor area calculations. The combined floor areas in those situations would normally exceed the 40 sq metre threshold.



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  • Registered Users, Registered Users 2 Posts: 95 ✭✭Dylan97


    It only states that the finish of the roof must match if pitched, a flat roof is a flat roof and therefor would not match original dwelling, but will match that of the extension which has a flat roof.

    The concern I mainly have is the floor area being 24m2. I have seen some posts stating inspectors measured the external ( the foot print ).

    I did not want to spend more money on the application and was hoping to get it submitted myself, but I do have an email from them stating floor area is measured internal, so I might build it and if any one complains they will have to measure up etc.



  • Registered Users, Registered Users 2 Posts: 46,549 ✭✭✭✭muffler


    The floor is calculated on the basis of the internal measurements. The Section 5 declaration is normally only looked for when there is a doubt regarding the status of the building. If say you're safe enough to proceed with building.



  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    You can build as many as you want up to the limit.

    Some councils take the view that removing a previous shed credits that area back you the exemption limit, although regs do not technically say that.

    That's correct, but none of that applies in this case. The issue is that the proposed shed taken together with [the shed] previously constructed is over 25m2. As mention above, removing the shed may restore the full 25m2 with many LAs - but strictly speaking not what the P&D regs say.

    A flat roof is fine. And the area is [internal] floor area, not foot print.

    But given you are relying on the demo of the previous shed, I'd have exemption confirmed by the council.

    Post edited by Mellor on


  • Registered Users, Registered Users 2 Posts: 1,933 ✭✭✭mrslancaster


    If a family demolished a shed and just had a lawn and then sometime later decided to build a new shed, how would a council even know they previously had a shed in the garden or what size it was? That's like saying any old wooden shed that was removed because it was derelict from weather or falling down or unusable at any earlier time would be included in the exempted measurements. Common sense would say it can't be counted if it's gone.



  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    I think you need to re-read what I said a bit more carefully.

    "…As mention above, removing the shed may restore the full 25m2…strictly speaking not what the P&D regs say"

    I thought that was pretty clear. What happens in practise, and what the law actually says, are not always the same thing. Whether intention or oversight.



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  • Registered Users, Registered Users 2 Posts: 95 ✭✭Dylan97


    Its only a small steel shed, not even bolted down to a sub base, its approx. 5m2. I don't see this being an issue, as the exemption area is cumulative… it will be removed anyways as it would exceed the total area of class 3 structures.



  • Registered Users, Registered Users 2 Posts: 95 ✭✭Dylan97


    I would agree what your saying, the email I received from the co co stated the exemptions to a development are cumulative, so small shed would need to be removed.



  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    Being bolted down is irrelevant. As is size. I was referring to the requirements for class 3 structures.



  • Registered Users, Registered Users 2 Posts: 95 ✭✭Dylan97


    Sorry misread your reply. Steel shed is gone as of yesterday.

    Spoke with an architect I used for extension who said I'm mad applying for exemption, as what I intend to build falls within class 3 criteria.

    Foundations and subfloor will be complete in the next few weeks... if any one complains and an inspector comes out I have an email from the Co co saying floor area is measured Internal.. along with that the room will be finished to match existing dwelling.



  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    Most people would plough ahead. I wouldn't be concerned myself as I know that LAs around me agree that it resets. I was just pointing out that the regulations don't actually say it resets. If there are is nothing borderline, with the rest of the requirements, there isn't much point. But it's only 80euro at the same time.



  • Registered Users, Registered Users 2 Posts: 95 ✭✭Dylan97


    Ye I totally agree after reading the P&D last night... a lot of it can be interpreted in many ways.

    My architect I used previously basically said the same thing, not worth paying for drawings etc when it falls under the criteria for class 3, and if the council do come out they can inspect it then.



  • Registered Users, Registered Users 2 Posts: 1,112 ✭✭✭PMBC


    Does a 'garden room' less than 25 sq.m come under Class 3 if it is used as a Play Room, an Office or as a Gym subjec to the usual height and residual area restrictions?

    IMHO it doesn't but perhaps I'm wrong. I appreciate that it can be used as a shed and could always be retro converted - a dear shed, though



  • Registered Users, Registered Users 2 Posts: 46,549 ✭✭✭✭muffler




  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    Class 3 is not restricted to sheds.

    …any tent, awning, shade or other object, greenhouse, garage, store, shed or other similar structure.

    …The structure shall not be used for human habitation…or for any other purpose other than a purpose incidental to the enjoyment of the house as such.

    The above permits games room, office, gym etc. All are incidental to the enjoyment of the house.

    FYI If they were not exempt. Then retro converted afterwards would not be possible. In order to do that it would have to be permitted originally, or have an additional exemption for conversion.



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