The Gazette 1994

GAZETTE

JULY 1994

The Local Gove rnment (Planning and Deve l opment) Regulat ions, 1994

b y M i c h a e l O ' D o n n e l l BL

However, all such buildings must now be constructed in line with or to the rear of the front wall of the dwelling and will not be exempt where they reduce the private open space at the rear of the dwelling to less than 25sq metres, or themselves exceed a floor area of 25sq metres. These restrictions were not previously applied to such buildings. If these buildings are to the rear or to the side of the dwelling, they may be converted for use as part of the dwelling. In all cases of conversions or extensions the original floor area may not be exceeded by an area greater than 23sq metres. The finishes of all such buildings are now required to match those of the house. It is no longer permissible to use such buildings for the keeping of horses, ponies or pigeons, however, donkeys are not specifically mentioned. Thus pigeon lofts will no longer be exempted from planning control. The provisions relating to television aerials, boundary walls, gateways and landscaping have all been modified to some extent. The position of dwellings in which a bed and breakfast business is carried out has now been clarified. The use of a dwelling for such an activity will not require planning permission; provided that not more than four bedrooms in the house are devoted to this use, and that the use does not contravene a condition, and is not inconsistent with a use, specified or included in the permission. It would appear then that if, during the course of the application, an undertaking was given not to use the premises for such a purpose, the exemption will not apply. The foregoing and other exemptions are subjected to the restrictions listed in Article 10 of the Regulations.

The new Consolidated Planning Regulations (S.I. 86 of 1994) incorporate all existing regulations made under the Planning Acts into a single document and came into force on 16 May 1994. Regulations providing for new requirements in respect of developments to be carried out by the State and by local authorities and came into force on 15 June, 1994. Significant changes have been made to provisions in the previous regulations, in particular those relating to the making of planning applications and in the area of exempted development. However, all areas of planning law have been updated to some extent by the new regulations. The following deals with some of the provisions dealing with exempted developments and with the procedures for the making and processing of applications. The Planning Acts and Regulations specify certain types of development which are classified as exempted developments and, as such, not subject to control under the Acts. These exemptions have been modified to a significant degree by the new regulations. Exempted development within the curtilage of a dwelling house A dwelling may be extended by an area of 23sq metres to the rear but the regulations now clarify that this relates to the original floor area. Therefore, a dwelling may be extended by this amount on one occasion only and smaller extensions, not exceeding this limit, will be aggregated to determine whether the limit has been exceeded. Exempted Development

Michael O 'Donnell

dwelling may not exceed 2sq metres. However it is permissible to construct a garage or other similar structure to the side of a dwelling and thereafter convert it for use as part of the dwelling, thereby circumventing the limitation contained in this provision. The construction of a conservatory at the rear of the dwelling will now be considered an extension to the original floor area. Extensions will not be exempted where they exceed the height of the eaves or parapet. This replaces the earlier restriction which provided that extensions could not exceed the "height of the house". This new provision is ambiguous. The word "eaves" is not defined in any planning legislation. Conversion of buildings within the curtilage of the dwelling, for use as part of the dwelling, will not be subject to this height restriction. No extension is exempt where the area of the back garden is thereby reduced to less than 25sq metres. Certain buildings erected within the curtilage of the dwelling which are incidental to the enjoyment of the dwelling retain their exempted status.

Commercial Development

Under the 1977 regulations it was permissible to change a shop for use

Any extension to the side or front of a

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