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Planning Exemption

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  • 30-06-2023 9:40pm
    #1
    wasnotwas
    Registered Users Posts: 26 ✭


    Quick Q! I plan to build a rear extension, compliant with LA planning exemption rules. Can my neighbour object to my LA or An Bord Pleanala? I broached the plans with my neighbour and he’s not happy with any form of development!



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    #2
    muffler
    Registered Users Posts: 46,041 ✭✭✭✭muffler


    If you build an extension that is clearly exempt development then the neighbour can whistle whatever number of tunes he wants but he wont get an audience.



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    #3
    wasnotwas
    Registered Users Posts: 26 ✭wasnotwas


    Thanks muffler! Can I throw something else your way? Hypothetically speaking if I then chose to undertake a two story extension which requires planning permission, is it legal to build the ground level first (which would comply with the LA exemption rules), then start the second floor when permission is granted? @muffler



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    #4
    muffler
    Registered Users Posts: 46,041 ✭✭✭✭muffler


    Sorry, I'm not following....probably too early in the morning for me!!

    So you want to build a single storey exempt extension but then build it 2 storied with pp. At what point would the planning application be made?



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    #5
    wasnotwas
    Registered Users Posts: 26 ✭wasnotwas


    It’s purely a hypothetical ‘nuclear’ option! It would involve:

    1. lodging planning permission for a double storey extension
    2. IF it was approved by LA but neighbour lodges objection to ABP, it could result in a 12 month wait
    3. Could we proceed with construction of the first floor (planning exempt compliant)
    4. then get on with the second floor 12 months later IF ABP grant permission

    i do realise this wouldn’t be feasibly from a construction or financial standpoint. I’m just curious?



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    #6
    Stanford
    Registered Users Posts: 1,181 ✭✭✭Stanford


    As I understand it you plan to build an exempt extension at ground floor level (<40 sq m) but apply to ABP for permission to build a ground & first floor extension and then build the 2nd floor when ABP grant approval. I think the LA would view this as an attempt to circumvent the planning code. What if BP do not grant permission and you have the 1st floor built? The LA could serve an Enforcement Notice and force you to demolish the 1st floor bit.



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    #7
    sydthebeat
    Subscribers Posts: 41,533 ✭✭✭✭sydthebeat


    https://www.boards.ie/discussion/comment/120790939#Comment_120790939

    Technically no.

    Because what you are applying for is not what you're building after you've been granted permission.

    You'd be better off just building the exempt part and then applying for the upper floor and letting that application run it's course.



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    #8
    muffler
    Registered Users Posts: 46,041 ✭✭✭✭muffler


    https://www.boards.ie/discussion/comment/120790939#Comment_120790939

    No because you would have commenced work on a development that is still awaiting a decision by ABP.



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    #9
    Mellor
    Registered Users Posts: 39,302 ✭✭✭✭Mellor


    https://www.boards.ie/discussion/comment/120790969#Comment_120790969

    That's not what is is saying. You can't apply to ABP for permission. You apply to council. And he wouldn't be able to build a first floor until permission was granted. There are reasons why he shouldn't go that way (stated above) but those are not the reasons.



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    #10
    Mellor
    Registered Users Posts: 39,302 ✭✭✭✭Mellor


    https://www.boards.ie/discussion/comment/120790939#Comment_120790939

    The planning exempt ceases to apply to anything that has been refused permission, and your scope of works under the appeal would not match the intend scope. Very messy route. A better option would be the change the sequence as suggested by Syd.


    1. Proceed with construction of the first ground floor (planning exempt compliant)
    2. Lodging planning permission for a double second storey extension
    3. IF approved by LA but neighbour lodges objects to ABP, deal with the second story objection
    4. then get on with the second story 12 months later IF ABP grant permission


    This might not be cost efficient, as you potential have to close out the envelope of the ground floor. But it does allow you to isolate the objections to the second story as the ground floor is already built and compliant. You can also complete a lot of the internal finishes while appeal is on going.

    But please be 100% sure that you ground level extension is fully exempt, or else the whole plan unravels.



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