# Planning Condition Max 8m ridge height??



## Shooter (2 Jun 2010)

Hi Guys 

My friend has asked me to try and get him some advice.

 He has been asked by planners to reduce height of ridge of 2 story house to 8m. He had hoped to convert the attic space in time. Would the attic space be usable at all now?? size of house is 9.1m x 11.6 metres. Any advice would be greatly appreciated thank you

In his plans its 2.4m height in rooms in ground and 1st floor..


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## RKQ (2 Jun 2010)

Its a very difficult question to answer, without seeing a cross-section of the house. Width of gable and roof pitch unknown.
It is unlikely that the attic could be converted to a _habital room_, with a ridge height of 8m.


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## Shooter (2 Jun 2010)

sorry it says i am not allowed post attachments to show you the section


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## onq (3 Jun 2010)

Shooter said:


> Hi Guys
> 
> My friend has asked me to try and get him some advice.
> 
> ...



What context applies here Shooter?

Is he currently seeking permission for a design with a high ridged house?

Has he built it in contravention of planning permission already and enforcement is coming after him?

We need a lot more to go on than your post gives us.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                              as a defence or support - in and of itself -         should       legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                              Real Life with rights to inspect and issue       reports    on     the         matters    at      hand.


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## Shooter (3 Jun 2010)

sorry i should have been clearer!!  He had been granted outline planning and now is going for full planning. The original plans have ridge height of 8.8m which would give him plenty of standing room up in the attic. 

When decision was due they requested further information, one of the changes being that the plans be revised giving the house a maximum ridge height of 8m.

Just wondering is there any way around this. It doesnt sound like a usable space anymore??


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## onq (3 Jun 2010)

Outline applications are something I have little experience of.

However in general the parameters are set by the outline and filled in by an approval.

http://www.irishstatutebook.ie/2001/en/si/0600.html

Years ago the outline PP could contain relatively little information and simply get the principle of say a single dwelling x no. bedroom showing the entrance and the drainage.

Previously:

http://www.irishstatutebook.ie/2001/en/si/0600.html
   Plans and particulars to accompany application for outline  permission.
       24.               Notwithstanding article 22(2)(d), an outline  application shall, in addition to the requirements of article 22(2), be  accompanied only by such plans and particulars as are necessary to  enable the planning authority to make a decision in relation to the  siting, layout or other proposals for development in respect of which a  decision is sought.
Currently:

http://www.environ.ie/en/Legislation/DevelopmentandHousing/Planning/FileDownLoad,1487,en.pdf

Plans and particulars to accompany application for outline permission.

24.

Notwithstanding article 22(2)(d), an outline application shall, in addition to the requirements of article 22(2), be accompanied only by such plans and particulars as are necessary to enable the planning authority to make a decision in relation to the siting, layout or other proposals for development in respect of which a decision is sought.

Going for permission is not the same as getting approval on foot of an outline and your friend should take professional advice on whether this constrains the planners to grante him the 8.8M ridge height.

Its also called "permission consequent on the grant of outline permission (stating the reference number on the register of the relevant outline permission)."

I think there may be some case law on this and you should check to see what is the relevant position.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                               as a defence or support - in and of itself  -         should       legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                               Real Life with rights to inspect and issue        reports    on     the         matters    at      hand.


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## Shooter (4 Jun 2010)

hi guys thanks for all the help. 

The outline planning had no conditions abouth ridge height. its only now that after applying for full planning that they have asked for further information which include revised drawings with reduced ridge height from 8.8 to 8m.


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## onq (4 Jun 2010)

(nods)

This needs careful handling.

Read this next bit carefully.

The point I am trying to make is that if the original outline showed the ridge height at 8.8M and this was granted, there may be case law supporting an application consequent on outline planning permission where the local authority may be obliged to grant the 8.8M ridge height.

This may be seen by the law as a different process to your friend seeking "full" planning permission, which MAY mean as follows; -


 Full planning permission starts the whole planning process again, disregarding the earleir outline permission.
 An application consequent on outline builds on the earlier outline permnission.
   It may have its terms of referecne set by the earleir outlien permission so that the planners may find it more difficult to change something shown in the earlier documents.

This is what I mean by saying; -

_"I think there may be some case law on this and you should check to see  what is the relevant position._"

You need to take professional advice in this matter from someone who will research the planning law for you.

If your friend find out that what I suspect is correct and seeks permissio nconsequent on the earleir outline permission he may get his 8.8M ridge height.

However, he may also have to withdraw the full planning application currently the subject of the further information request.
Because if this was refused it could effectively STOP the applciation consequent on outline by having set a precedent.

Long story short - take professional planning advice and your friend _may_ get what he wants.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                                as a defence or support - in and of  itself  -         should       legal        action    be      taken.
Competent legal and building professionals should be asked to advise in                                Real Life with rights to inspect and issue         reports    on     the         matters    at      hand.


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## Shooter (9 Jun 2010)

thanks guys for all the advice. i will definetly be passing it on and hopefully he can find a way around it. thanks again


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