CPD to North Eastern Branch of the Society of Chartered Surveyors

Alaine Clarke MIPI

Clarke Town Planning Consultancy

7th March 2013

Do you require planning permission?

� All development requires planning permission unless it is an exempted development/pre 1964

� Section 4 of the Planning & Development Act

� Planning & Development Regulations 2001 –2012

� Most of the exemptions contain certain conditions and limitations

� Further restrictions on development listed under Article 9 & 10 of the Regulations

� Contravene a condition

� Endanger public safety by traffic hazard

� Landscape character/view/prospect

� Unauthorised structure/use

� Public access & rights of way

� Architectural Conservation Area

� Protected Structure

� Special Amenity Area

� If a question arises as to what constitutes exempted development, a person may apply to the planning authority for a declaration on the question – a section 5 referral.

� Declaration, within 4 weeks of the receipt of the request.

� May require further information

� Can be appealed to An Bord Pleanála

� Development: carrying out of ‘works’ or a ‘material change of use’.

� The statutory definition of works is wide …any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal..

� s (4) exempts, for example:

- a planning authority from carrying out certain works;

- works which affect only the interioronly the interioronly the interioronly the interior of the structure or which do not materially affect the external appearance;

- use of any land for the purpose of agriculture and associated buildings.

� Extension to house to the rear – up to 40 sq m

� Conversion of garage, store, shed

� If terraced or semi-d – first floor shall not exceed 12 sq m

� If detached – first floor shall not exceed 20 sq m

� Above ground floor – must be a min of 2m from boundary

� Restrictions on height of wall and roof

� Min area of 25 sq m rear private open space

� Restrictions on windows from boundary it faces: GF – 1m; FF – 11m

� Chimney, boiler house or oil storage tank

� Garage, shed, awning etc – must be behind front wall of house; not exceed 25 sq m; external finishes, height

� Gate, railing, wooden fence, wall – 2m height

� Path, drain, landscaping, hard surface

� Porch – min 2 m from road, < 2 sq m

� Caravan or boat – not more than one & not longer than 9 months!

� ‘Take away’, car showroom , pub, funeral home, amusement arcade, restaurant to use as a shop

� Financial, professional, other service provision (inc. betting office) to use as a shop

� 2 dwellings to one in certain circumstances

� House to ‘care’ home (not more than 8 residential occupants)

� Class 1 Shop

� Class 2 Financial /Professional Services

� Class 3 Office

� Class 4 Light Industrial Building

� Class 5 Wholesale warehouse

� Class 6 Hostel / Guest house

� Class 7 Religious

� Class 8 Health Centre / Crèche /Day centre

� Class 9 Res Care / Hosp / Res School

� Class 10 Art Gallery/Museum/Library/Public Hall/Community Centre

� Class 11 Theatre / Cinema / Concert Hall /Bingo Hall / Skating rink / gym

� Nothing shall include:◦ Amusement arcade

◦ Motor service station

◦ Car showroom

◦ Taxi business or car leasing

◦ Scrap yard

◦ Storage of minerals

◦ Large Supermarket

◦ Large Retail warehouse

◦ Shop (ass. with petrol station)

� Temporary Structures & uses to facilitate development

� Industrial Development e.g. Storage of materials or waste arising from process

� Statutory undertakers

� Amenity or Recreational – Park, garden, athletics or sports (no charge)

� Incidental works to golf course

� Temporary school structures

� Other – exemptions, e.g.

• Wind turbine (agri, business)

• Combined Heat & Power Systems

• Solar Panels

• Compliance with Enforcement Notice

• B & B

• Child minding

• Certain advertisements

� The demolition of a building(s) within the curtilage of a house, industrial building, business premises or farmyard complex

provided

Can’t abut another building in separate ownership

< 40 sq m near house

< 100 sq m elsewhere

� Use of land for agri purposes e.g. thinning, felling of trees

� Agricultural Structures:o200 sq m roofed structure (cattle, horses etc)

o75 sq m roofed structure (pigs)

o200 sq m roofless structure

o300 sq m roofed structure (not for animals)

oHorse unroofed training area

o50 sq m roofed / 100 sq m unroofed greyhound structure

o Limitations apply

� Peat extraction –threshold

� Replacing broadleaf forest -threshold

� Drainage/reclamation of wetlands from 20ha to 0.1ha

� Can add value

� Clear on limitations

� If in doubt, s. 5 Declaration route

� Can appeal decision

� Legal interpretations

� www.pleanala.ie

Clarke Town Planning ConsultancyThe Well HousePatrick Street

MullingarCo. Westmeath

www.clarketownplanning.ie