Planning for a commercial property?

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

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

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

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.

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.

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.

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".

if they haven't applied for planning then you have nothing to object to. If it's authorised development, then it is unauthorised. Report to the council and let them deal with it.