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Exempted development and 25 sq. m.

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  • 16-05-2021 7:31am
    #1
    PMBC
    Registered Users Posts: 1,111 ✭✭✭


    The exact meaning at the back of the house?
    Obviously it doesnt mean at the front of the house.
    But can the 25 sq.m include an area to the side of a rear extension?


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    #2
    Victor
    Registered Users Posts: 78,378 ✭✭✭✭Victor


    It would need to be well set back from the front elevation.

    It may be worthwhile having a chat with the planning department in the council to see what they would accept.


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    #3
    Prospectors
    Registered Users Posts: 112 ✭✭Prospectors


    PMBC wrote: »
    The exact meaning at the back of the house?
    Obviously it doesnt mean at the front of the house.
    But can the 25 sq.m include an area to the side of a rear extension?

    Are you referring to
    1. A garage/shed being exempt must be less than 25 sqm or
    2. Any extension must leave at least 25 sq.m of garden space to be considered exempt.
    I believe the following are the rules but could be mistaken:
    If 1., such a garage cannot be positioned forward of the front wall of the house.
    If 2., the remaining garden space can include any space to the front of the house.


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    #4
    rayjdav
    Registered Users Posts: 1,078 ✭✭✭rayjdav


    Simple answer, No.
    The conditions attached to the exemptions under Class 1 clearly state "rear" and any side projection would not tally with that. There are multiple ABP cases where this has been referred and despite the argument of Sect.4.1.h of the Act, ABP have stated that it is not exempt...


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    #5
    PMBC
    Registered Users Posts: 1,111 ✭✭✭PMBC


    Perhaps I didnt explain fully. So here goes.
    An extension less than 40 sq.m is proposed fully to the rear of a house. The house, proposed extension and garden are rectangular. The rear width of the house is , say, 5 m. The width, outside to outside, of the rectangular extension is 3.5m.
    Can the remaining width of the garden i.e. 1.5m be included in the 25 sq.m.


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    #6
    PMBC
    Registered Users Posts: 1,111 ✭✭✭PMBC


    Prospectors wrote: »
    Are you referring to
    1. A garage/shed being exempt must be less than 25 sqm or
    2. Any extension must leave at least 25 sq.m of garden space to be considered exempt.
    I believe the following are the rules but could be mistaken:
    If 1., such a garage cannot be positioned forward of the front wall of the house.
    If 2., the remaining garden space can include any space to the front of the house.

    Prospectors -
    Its 2 - see my other post. I thought the remaining 25 sqm had to be at the rear of the house??


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    #7
    sydthebeat
    Subscribers Posts: 41,545 ✭✭✭✭sydthebeat


    The crux of the matter here is the phrase "private open space"

    If you need to include the area to the front of the dwelling to make up the 25sq m open space, you need to determine if it's "private" or not.

    Does private mean solely for use by the owner, or does private mean not visible to all??

    Personally is be happy to argue the first definition in court


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    #8
    Prospectors
    Registered Users Posts: 112 ✭✭Prospectors


    PMBC wrote: »
    Prospectors -
    Its 2 - see my other post. I thought the remaining 25 sqm had to be at the rear of the house??
    Apologies, I'd say you're correct, the 25 sq.m space must be left remaining at rear of house


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    #9
    PMBC
    Registered Users Posts: 1,111 ✭✭✭PMBC


    Thanks Sydthebeat as always.
    No there was no plan to include front garden in 25 sq.m and since its semi-Radburn layout (just a small short party/gossip wall at front, no front boundary wall) it doesnt feel private although its not public either.
    My query is can all of the rear garden area, no matter how narrow, be included in the determination of the 25 sqm?


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    #10
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,175 Mod ✭✭✭✭Gumbo


    PMBC wrote: »
    Thanks Sydthebeat as always.
    No there was no plan to include front garden in 25 sq.m and since its semi-Radburn layout (just a small short party/gossip wall at front, no front boundary wall) it doesnt feel private although its not public either.
    My query is can all of the rear garden area, no matter how narrow, be included in the determination of the 25 sqm?

    Yes it can, once to the rear I believe.
    A 1m strip to the side of the extension at the rear can be counted but the 1m strip along the side (side passage) can’t be.


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    #11
    PMBC
    Registered Users Posts: 1,111 ✭✭✭PMBC


    ok, that seems very sensible to me.
    Thanks.


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    #12
    PMBC
    Registered Users Posts: 1,111 ✭✭✭PMBC


    Reading back through the thread today I noticed post referring to the inclusion of private front garden in the 25 sqm.
    So I read the regs. - Schedule 2 Class 1, Column 2 (5) -and it seems to me that it reads clearly as meaning private space at the rear of the house!
    Perhaps I've misread/misinterpreted.


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    #13
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,175 Mod ✭✭✭✭Gumbo


    PMBC wrote: »
    Reading back through the thread today I noticed post referring to the inclusion of private front garden in the 25 sqm.
    So I read the regs. - Schedule 2 Class 1, Column 2 (5) -and it seems to me that it reads clearly as meaning private space at the rear of the house!
    Perhaps I've misread/misinterpreted.

    You cannot count the front garden. Full stop.


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