ONQ,
SI 235 of 2008, Class 50 gives the relevant limitation to the exemption.
See: http://www.environ.ie/en/Legislation/.../FileDownLoad,18013,en.pdf (www.environ.ie/en/Legislation/.../FileDownLoad,18013,en.pdf)
(Page 4).
The descriptions of what the exemptions are use the words:
The demolition of a building, or buildings within the curtilage of - (i) a house...
and
The demolition of part of a habitable house in connection with the provision of an extension...
The Limitation / Condition in the second column being that
"No such building or buildings [to be demolished] shall abut on another building in separate ownership.
So, is a garage a part of a habitable house? When it is attached to the house, and additionally, attached to the neighbouring house, the answer could very well be yes.
One can assume that this limitation was introduced to provide the adjoining owner with a right to comment or object to the demolition of a structure attached to his/her property. This is a very reasonable thing that closes a previous hole in the exempted development regulations.
With respect to 'demolition' versus 'partial demolition':
The amendment's use of only the word 'demolition' and not the words 'partial demolition' was most likely a conscious decision. The legal eagles who draft these regulations tend to be very precise with words.
My understanding would therefore be that 'demolition' means the full demolition of a structure or full demolition of a part of a house, i.e. the full demolition of a garage or lean-too which form part of a house.
Partial demolition in my opinion is not what is mean't here. I think the words partial demolition would have been employed in the regulation.
I would therefore think it acceptable to remove an element of a structure which abutted another property, and renew or replace it, without that work being considered as demolition as stated in the regulation.
If this were not the case, we would be into very grey territory. If one neighbour wanted to renew slates on his lean-too, is he carrying out a temporary demolition which abuts his neighbour's roof? Where would the line be drawn? If you remove the felt, the joists..? When does partial become full demolition?
I'm open to hearing other's views on this.
By the way, it seems that some of the planning dept. staff in Dublin C.C. are entirely unaware of this amendment. We were told this morning that we didn't need planning permission to demolish a lean-too abutting a neighbour's.
Beware: Ignorance of the law is no excuse. Even when that ignorance comes from the quasi-judicial body charged with enforcing that law!
DBK100
http://www.mesh.ie