Planning for a commercial property?

SwordofLight

Wondering if a former property comprising offices can be converted into a few apartments without any consultation with locals or any planning application?

It changed the face of the property which was a terraced house, altering the appearance of the row of houses considerably.

There was no planning for bin management, so the narrow path is partially blocked with six bins.

I am wondering if anything can be done, it was converted a few years ago and the now long-term tenants are criminals, drugs, etc.

Mellor

Your post is a little unclear. But the short answer is that converting a commercial property to multi unit residential requires a planning application.

How many years ago was it converted?

It changed the face of the property which was a terraced house, 

This part is unclear. Was it originally a house, or a commercial unit?

The tenants are not so relevant. They didn’t converted it the owners did.

muffler

Article 10 (6)(a) of the 2001 planning& development regulations allows for such exemptions.

SwordofLight

https://www.boards.ie/discussion/comment/122338417#Comment_122338417

Yes, it's become quite the problem now after no objections to anything over the past 3 years since it was converted. It was previously a pre-'63 terraced house being used as offices.

https://www.boards.ie/discussion/comment/122338529#Comment_122338529

Struggling to find that bit. The face of the property has been changed in that the main door in one upstairs flat, and the front living room was changed into a door to the other flat. It completely changes the look of the row of houses, and to be honest takes from the old character of the street. Is it a problem that they have nowhere for their bins but the street? I would've thought that was an important part of any build. Prams cannot get by, and only that section of a long street is permanently filthy with broken glass and rubbish etc.

Shouldn't there have been a consultation of some sort with residents? We've had nothing but trouble but I won't get into it, as Mellor rightly points out, that's a landlord/ government issue.

muffler

https://www.boards.ie/discussion/comment/122339823#Comment_122339823

You can read a bit about it on the Donegal CoCo site .... https://www.donegalcoco.ie/services/planning/changeofuse/

muffler

You can also altar up to 50% of the walls but subject to usual criteria.

Mellor

https://www.boards.ie/discussion/comment/122339823#Comment_122339823

It was originally a pre-63 terrace house. When did it start being used as an office? Did that use have planning? Or was it simply established by years of use. There are exemptions are listed above, taking your comments are face value they may not apply. But their is some subjectivity.

You won't find the clause above in the main act, you need to go to the ammendments. The below would be the relevant one
https://www.irishstatutebook.ie/eli/2018/si/30/made/en/print

https://www.boards.ie/discussion/comment/122338529#Comment_122338529

Good call. Certainly possible, but a few hurdles involved.

Sticking points likely to be the below;

(c)(iii) the structure concerned, or so much of it that is the subject of the proposed development, has been vacant for a period of 2 years or more immediately prior to the commencement of the proposed development,

(d)(ii)(III) not materially affect the external appearance of the structure so as to render its appearance inconsistent with the character of the structure or of neighbouring structures.

(vi) Dwelling floor areas and storage spaces shall comply with the minimum floor area requirements and minimum storage space requirements…

The 50% modification clause did not exist at the time, and exemption was limited to internal works only. But the 2022 amendment does appear to apply retroactively. So 50% change in external appearance permitted, but still subject to (d)(ii)(III) above.

muffler

I have a client who owns a disused building and initially intended to convert it into 2 apartments but he won't get planning permission for it because of the Council's development plan. However he can get his 2 apartments under the Article 10 exemption. Strange but true.

Mellor

https://www.boards.ie/discussion/comment/122341786#Comment_122341786

definitely possible. Article 10 disregards the development plan, with the exception of ground floor units required to be retail in the DP.

The OP isn’t clear on vacancy, consistent character, size requirements. If the conversion complies with them, it’s likely exempt.

SwordofLight

https://www.boards.ie/discussion/comment/122341381#Comment_122341381

Interesting question -so in this instance the planning loophole wouldn't apply. I would seriously doubt there is commercial planning from years ago. But, when the property was recently bought (circa 2020) they probably bought it on the assumption of it being a commercial property and the paperwork probably relfects that. If it doesn't, then the situation changes I guess. Any tips on where I could find this stuff out?

"(c)(iii) the structure concerned, or so much of it that is the subject of the proposed development, has been vacant for a period of 2 years or more immediately prior to the commencement of the proposed development,"

yes it was vacant of course during the pandemic, they sure made the most of that opportunity to turn it into housing.. sounds like part of a conspiracy theory :)

"(d)(ii)(III) not materially affect the external appearance of the structure so as to render its appearance inconsistent with the character of the structure or of neighbouring structures."

It is most definitely not consistent with the neighbouring structures.

"The OP isn’t clear on vacancy, consistent character, size requirements. If the conversion complies with them, it’s likely exempt."

It was done by a local building company, so I would presume they have complied with regulations.

Mellor

https://www.boards.ie/discussion/comment/122356754#Comment_122356754

There's no loophole. The above is a perfectly valid and intentional planning exemption.

I would seriously doubt there is commercial planning from years ago. But, when the property was recently bought (circa 2020) they probably bought it on the assumption of it being a commercial property and the paperwork probably relfects that. If it doesn't, then the situation changes I guess. Any tips on where I could find this stuff out?

You'd have to look it up on the local council planning website. (if you're not sure we could help if you shared the address, but appreciate that may be sensitive).
If it never went for planning for commercial use, then technically the original residential use still applies so possibly no issue.

yes it was vacant of course during the pandemic, they sure made the most of that opportunity to turn it into housing.. sounds like part of a conspiracy theory :)

If vacant for 2 years that requirement would be satisfied.

It is most definitely not consistent with the neighbouring structures.

In what way is it not consistent? If it was originally a row of houses, and it now be converted back to a row of houses, then what have they done that was not consistent?

It was done by a local building company, so I would presume they have complied with regulations.

If they ignored the requirement to be consistent with neighbours I'm not sure they would have followed everything. But all things considered if seems like being exempt is likely, or at least a possibility.

SwordofLight

"If hat way is it not consistent? If it was originally a row of houses, and it now be converted back to a row of houses, then what have they done that was not consistent?"

No, it's two flats with their own front doors, the whole thing was rendered also. It stands out in the middle of a row of old red brick terraced houses.

Yep it's looking like I'm better off staying quiet. Thanks for everyone's input, really helpful!! I'll have to try to speak with the tenants directly about the antisocial behaviour and if there's no change try the landlord, failing that the cops.

I don't think there's much can be done about the bins blocking the path or the rubbish all over the place.

Mellor

https://www.boards.ie/discussion/comment/122358521#Comment_122358521

If it's any consolation;

No, it's two flats with their own front doors, the whole thing was rendered also. It stands out in the middle of a row of old red brick terraced houses.

sounds not exempt. It perhaps could of been exempt if detailed better. But sticking out in the middle of a terrace is clearly "inconsistent with the character of the structure and of neighbouring structures".