Exempted development - question about existing structures on the site.

[Mystic Oil]

Having spent some time studying the "Exempted Development" rules, I am seeking words of wisdom from those who understand their finer nuances. Specifically, I have a question regarding the cut-off date for previous development, if such a provision exists.

In taking into consideration existing structures, does the legislation differentiate between structures that stood prior to the introduction of any planning legislation?

By way of example:

Would a house built (with a small shed) in the mid 19th Century require the benefit of full planning permission, if the owner wanted to construct a 25m2 garage (a structure that would otherwise fall comfortably within the Exempted Development provisions)?

 

[Superman]

If I understand your scenario correctly (i.e. that both the shed and house were built before 1963), then you are entitled to build the exempt garage - provided you comply with the other conditions, that it is a dwelling, garage located behind line of front of house, sufficient space left over etc.

 

[onq]

+1 what Superman has said.

However, if the building is a Protected Structure, then you will probably need a planning permission for any works as the exempted development schedule may not apply.
Just to flesh this out a little, the exemptions arise under the planning and development legislation, so there is a sort of Grandfather Clause for what existed before the legislation came into force.

"Pre-'63" is a prhase you may still read about in terms of persons making planning applications in Dublin City - a prior use of extended property which is pre-'63 is almost untouchable by the Planning Authority.
Of course, once you start doing work to it, Post-'63, thsi falls under the remit of the planning and development acts.

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.