Garden Treatment Room - Planning?

H

hipenny

Guest
Hi

I'm currently training in Shiatsu massage and I plan to build a treatment cabin in my rural garden. The cabin is below the requirements for Planning Permission 5m x 5m but can anybody advise me if I need to get the go ahead from the local authority, or meet any requirements, as it will be a business from home?

Thanks
 
Hmmm.
I emailed my local planning authority and they sent this reply which is disheartening. I'll just have to trawl through it and see. I thought it was below planning permission size!

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[FONT=&quot]Thank you for your enquiry. From your email it would appear that you would need Planning Permission. But you have a few options. You can apply for Section 5 Declaration to see if what you are proposing falls under Exempted Development, if not then you will need to apply for Planning Permission.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The Planning Authority are precluded from advising in relation to whether or not a particular development/works is exempted development unless it is the subject of a Section 5 Declaration (for which there is an €80 fee)– see page 28-29 of the Planning Act 2000 :[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The Section 5 Declaration form can be found on our website –[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In the absence of submitting a Section 5 Declaration, the onus is on you to satisfy yourself that what you wish to do is or is not exempt from requiring planning permission. The link to the Planning and Development Regulations 2001
[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The area specific to exempted development - general – can be found on pages 154-181 of the above document[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Note if what you are proposing is not referred to in the above referenced pages or does not comply with the conditions and limitations as referenced then it is not considered to fall under the category of exempted development and would require planning permission.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]You could also apply for a Pre-Planning consultation. This application can be found on our website.[/FONT]
 
whats your problem? they have told you of the three options you have:
1
[FONT=&quot]
[/FONT][FONT=&quot]From your email it would appear that you would need Planning Permission.[/FONT]
[FONT=&quot]
[/FONT] so what ever you said in the email lead the LA to suggest you needed planning which I would suggest is the fact that you state this is going to be a business premises! you know that where you need to have a CRO no. , public liability insurance, pay tax, council rates blah blah blah:)

2
[FONT=&quot]
You can apply for Section 5 Declaration to see if what you are proposing falls under Exempted Development, if not then you will need to apply for Planning Permission.[/FONT]

[FONT=&quot]The Planning Authority are precluded from advising in relation to whether or not a particular development/works is exempted development unless it is the subject of a Section 5 Declaration (for which there is an €80 fee)– see page 28-29 of the Planning Act 2000 :[/FONT][FONT=&quot]
So your going to buy a log cabin ye if it was for a shed then it would fall under
[/FONT] [FONT=&quot]
[/FONT]CLASS 3


The construction, erection or placing within the curtilage of a house of any tent, awning, shade or other object, greenhouse, garage, store, shed or other similar structure.
[FONT=&quot]
[/FONT]
[FONT=&quot]
and thats where your getting the 25msq from.

if you are building a shed: then mark it with a scale & north point + a few dimensions to boundaries printed on a google map of your site, then submit the plan,section and elevation from the cabin manufacturer, giving floor area (less than 25msq) and a cover letter with the section 5 declaration (read the list of requirements there may be a few other minor things to include) with the 80€ cheque. there you go you'll get your exemption development! FOR A SHED

3
they go one to say
[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]In the absence of submitting a Section 5 Declaration, the onus is on you to satisfy yourself that what you wish to do is or is not exempt from requiring planning permission. The link to the Planning and Development Regulations 2001
[/FONT][FONT=&quot]The area specific to exempted development - general – can be found on pages 154-181 of the above document[/FONT]
[FONT=&quot]Note if what you are proposing is not referred to in the above referenced pages or does not comply with the conditions and limitations as referenced then it is not considered to fall under the category of exempted development and would require planning permission.[/FONT][FONT=&quot]
[/FONT]
seems fairly straight forward to me! here the exempted development section
http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2 see if your proposed shed complies your self

now the actual issue you face is:
[FONT=&quot]
[/FONT]
if I need to get the go ahead from the local authority, or meet any requirements, as it will be a business from home[FONT=&quot]
[/FONT]
the fact that you intend to use this as your place of work/business is a different matter. if you follow the letter of the planning regulations then this is a commercial venture and commercial rates may apply. I would approach your local chamber of commerce/ start your own business group for advice on what others have done.
[FONT=&quot]

[/FONT]
 
It may be cheaper to rent a room in some health/beauty center, especially to see if demand for this in your rural area. Good luck in your venture.
 
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