Changes to planning requirements for skylights

CantThinkOfANam

Hi everyone,

I was discussing getting our attic converted recently with an architect and he said that there’s some CC’s the Dublin area changing their requirements for planning permission being required for skylights to the front of house.

We are in the Fingal CC district and I wanted to reach out to any of the above CC’s before I contacted FCC.

Would be willing to wait a short while if this requirement was changing.

Is anyone aware of any changes or could point me in the right direction?

Thanks very much.

muffler

Interpretation of the Planning and Development Acts particularly the part of the regulations that covers exempted development has been shown to vary all round the country. Over the years most Planning Authorities took the view that up to 3 rooflights to the rear of a roof was exempt but rooflights to the front required permission. I'm fairly sure there was a recent determination by An Bord Pleanala that rooflights to the front were also exempt. I suspect that is what your architect is alluding to.

If I can find a link to that case I'll post it up here later.

sydthebeat

the only case that i can find where rooflights were deemed exempt to the front was a case in clare where there was already existing rooflights to the front. therefore the addition of more was deemed to be consistent with the existing.

there is plenty of cases, even recent ones, where new rooflights to the front were deemed not exempt.

i personally have not heard of anything coming down the tracks to clarify this complete clusterfcuk of a situation.

a section 5 application is ALWAYS advisable in these cases

muffler

One case I did find was for 1 roof light on the front of the roof together with a host of other renovations and improvements back in 2016. ABP reference number is 25M.RL.3392. Westmeath Coco reference number is S5-5-15.

CantThinkOfANam

I forgot to mention that the architect stated the reason for some CC’s change of mind was that there’s no permission required for solar panels.

I just found case: RL06D.RL3396 and OBP decision was to exempt front skylights on the basis of the follow extract from the Planning and Development Act:

“Section 4 (1)(h) which states;

(h) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures;”

There are a few houses in my estate that have front skylights (with planning permission) so I don’t see why I couldn’t argue that.

I have contacted OBP but not sure if they will respond.

sydthebeat

https://www.boards.ie/discussion/comment/121466875#Comment_121466875

These things are on a case by case basis though. There's not one rule to cover everything.

Even reading the reason the inspector came to the conclusion in your above case shows this:

The 6 no. subject rooflights as stated above are relatively limited in scale.

Having regard to the orientation of the dwelling on site and its set back from

the public road of circa 20m combined with the degree of screen planting

along the front boundary provides that the rooflights are not highly visible from

the public domain and are only visible from close range views from the south-

east and from the north-west on Torquay Road. Furthermore, rooflights are a

feature of existing properties within Foxrock Architectural Conservation and

therefore the installation of rooflights of this scale and number would be

consistent with the particular special character of the area. Accordingly, the

six rooflights would not materially affect the character of Foxrock Architectural

Conservation Area.

CantThinkOfANam

https://www.boards.ie/discussion/comment/121467076#Comment_121467076

Yes that’s very true. I’m probably loosing a fighting battle but just exploring any way to save having to go down the planning permission route just for 2 or 3 skylights.

sydthebeat

https://www.boards.ie/discussion/comment/121467439#Comment_121467439

go down the section 5 route

https://www.fingal.ie/media/1112

CantThinkOfANam

https://www.boards.ie/discussion/comment/121467514#Comment_121467514

Thanks. Would I better off trying to get an opinion from OBP or do they even accommodate that?

Gumbo

https://www.boards.ie/discussion/comment/121468091#Comment_121468091

Who is OBP?

muffler

https://www.boards.ie/discussion/comment/121478391#Comment_121478391

Probably ABP they are referring to.

Gumbo

https://www.boards.ie/discussion/comment/121478422#Comment_121478422

In that case, would I be correct in saying, they will not give an opinion so a pointless exercise?

As it is currently, the Act doesn’t allow them so planning required?

Mellor

https://www.boards.ie/discussion/comment/121478432#Comment_121478432

There's enough wiggle room in the act that they could be allowed as exempt if a council wanted to.

which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures;”

Suitably vague and unqualified as to what counts are "materially inconsistent".

https://www.boards.ie/discussion/comment/121466875#Comment_121466875

Solar panels are specifically listed as exempt in the Planning regulations under Class 2? That wouldn't be transferable.