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Change planning permission

  • 27-05-2019 5:53am
    #1
    Registered Users Posts: 162 ✭✭


    We have planning permission. We'd like to increase size of utility room but not the end of the world if we can't. Could we start with our current planning permission and apply for the change at the same time.


Comments

  • Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭FishOnABike


    Does the change in the utility room size affect the exterior appearance of the building or change the building's size or is it only a change to the internal layout within the same footptint?


  • Moderators, Society & Culture Moderators Posts: 39,803 Mod ✭✭✭✭Gumbo


    moldy_sea wrote: »
    We have planning permission. We'd like to increase size of utility room but not the end of the world if we can't. Could we start with our current planning permission and apply for the change at the same time.

    You can alter the internal layout, ie enlarge the utility by taking space from the kitchen etc.


  • Registered Users Posts: 162 ✭✭moldy_sea


    Does the change in the utility room size affect the exterior appearance of the building or change the building's size or is it only a change to the internal layout within the same footptint?

    It would be an increase in footprint to the rear.


  • Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭FishOnABike


    moldy_sea wrote: »
    It would be an increase in footprint to the rear.

    It is likely this would require new planning permission. This may be easier as it may be possoble to make it as an alteration to the existing planning permission which would have set a precedent for accepting the nature of the development.

    Talk to your architect or whoever is managing the building project + planning process for you. It may have to go through the full planning process again (and the delays inherent in that) but its progress through the planning process should be eased by the existing permission for a very similar development.


  • Moderators, Society & Culture Moderators Posts: 39,803 Mod ✭✭✭✭Gumbo


    It is likely this would require new planning permission. This may be easier as it may be possoble to make it as an alteration to the existing planning permission which would have set a precedent for accepting the nature of the development.

    Talk to your architect or whoever is managing the building project + planning process for you. It may have to go through the full planning process again (and the delays inherent in that) but its progress through the planning process should be eased by the existing permission for a very similar development.

    +1
    New Application for alterations to previously approved. Requires the full works, drawings, newspaper notice, site notice etc

    Another option could be to do it as exempted development if it can fall under the exempted development regulations.


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  • Subscribers Posts: 41,863 ✭✭✭✭sydthebeat


    kceire wrote: »

    Another option could be to do it as exempted development if it can fall under the exempted development regulations.

    technically this cannot be built at the same time as the original dwelling


  • Moderators, Society & Culture Moderators Posts: 39,803 Mod ✭✭✭✭Gumbo


    sydthebeat wrote: »
    technically this cannot be built at the same time as the original dwelling

    The Regulations for exempted development does indeed state that they apply to existing dwellings. I should have been more clear on that.

    But if you were to take a reasonable approach and from my experience with Planning Enforcement in Dublin, I've seen this happen countless times and no enforcement Action taken.

    But, the big but, Sydthebeat is 100% legally correct.


  • Subscribers Posts: 41,863 ✭✭✭✭sydthebeat


    kceire wrote: »
    The Regulations for exempted development does indeed state that they apply to existing dwellings. I should have been more clear on that.

    But if you were to take a reasonable approach and from my experience with Planning Enforcement in Dublin, I've seen this happen countless times and no enforcement Action taken.

    But, the big but, Sydthebeat is 100% legally correct.

    you have more "common sense" in your enforcement section than some others ive come across ;)


  • Registered Users, Registered Users 2 Posts: 34,298 ✭✭✭✭Penn


    It might also come down to the arch/eng signing off the works, as the first planning condition is usually that it will be built in accordance with the plans etc submitted, and extending the footprint of the Utility may exceed substantial compliance in their opinion, so advice should be sought from them as well as the council.


  • Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭FishOnABike


    Penn wrote: »
    It might also come down to the arch/eng signing off the works, as the first planning condition is usually that it will be built in accordance with the plans etc submitted, and extending the footprint of the Utility may exceed substantial compliance in their opinion, so advice should be sought from them as well as the council.

    It could also pose a problem if the property was ever being sold as a buyer (or their solicitor, surveyor, etc...) might look for retention before completing the sale if a discrepancy with the original planning permission was noticed.


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  • Moderators, Society & Culture Moderators Posts: 39,803 Mod ✭✭✭✭Gumbo


    It could also pose a problem if the property was ever being sold as a buyer (or their solicitor, surveyor, etc...) might look for retention before completing the sale if a discrepancy with the original planning permission was noticed.

    Not really, as the person signing off at construction stage can also sign off the extension as completed under Class 1 of the Exempted Development Regulations.


  • Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭FishOnABike


    kceire wrote: »
    Not really, as the person signing off at construction stage can also sign off the extension as completed under Class 1 of the Exempted Development Regulations.

    But as you have agreed with sydthebeat's point
    sydthebeat wrote: »
    technically this cannot be built at the same time as the original dwelling
    whether the change could be considered an extension when there is currently nothing to extend is questionable. I'd be more comfortable making sure I'd dotted all my i-s and crossed all my t-s in getting planning permission for what I build and be 100% legally correct rather than rely on an uncertain 'sure it's close enough' view of planning enforcement.

    Would a supervising architect be willing to sign off that the updated plans were in compliance with the planning permission granted?


  • Moderators, Society & Culture Moderators Posts: 39,803 Mod ✭✭✭✭Gumbo


    Would a supervising architect be willing to sign off that the updated plans were in compliance with the planning permission granted?

    Based on my experience, 2 Certificates are issued.

    1. Compliance with the original planning.
    2. Compliance with the Exempted Development Regulations for the extension.

    If you wanted to cover your A$$, you could get the main building up to practical completion stage and then start the smaller extension. My experience here in Dublin, and based of actual Enforcement files in Dublin, the Planning Enforcement section would not and have not proceeded with any enforcement proceedings in these types of cases as if it gets to court, the Judge will take a practical view on the matter.


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