We have received retention planning permission for a shed (measuring 30sq m) in our back garden. I was hoping to build a smaller shed of up to 25sq m for use by our kids (as a games room), and I was wondering if this smaller shed would be an exempted development?
I have researched this on the internet, and I note that the Planning and Development Act allows an exemption for a 25sq m structure subject to other conditions, but the Act doesn’t refer to planning approval or retention planning for another structure. Instead, it states all structures collectively should not exceed a certain square metreage. I am very confused. I was hoping that the 25sq m allowance is still available to me to build a smaller shed on the basis that there is existing planning retention granted on the larger shed. I would be grateful if you could give me your views as to whether a second shed measuring 25sq m would be exempt from planning.
Noel Larkin writes: Before embarking on a project like this close to your home the question of whether the proposed work is exempt or if planning permission is required should always be carefully considered. There are some intricacies, so it pays to get professional advice before you start.
If you proceed to build what is later discovered to be an unauthorised development this can affect title and slow down a future sale of the property while the issue is regularised by a planning application to retain the structure. The last thing you would want is to be on the receiving end of a warning letter from the local authority or worse still, stressful enforcement proceedings. Rest assured that your neighbours will act as the eyes and ears of the enforcement section of your local planning office.
As you correctly point out the maximum size permitted as exempt development for a shed type structure is 25sq m. This is subject to a number of controlling restrictions such as use, height, finishes, location on site and the balance of amenity space remaining in your garden. Previous developments must also be considered, and this often catches people out.
In your case you already have developed a shed that exceeded the maximum permitted exempted development and have regularised the situation by applying for retention of the structure. The regulations, although they are a little confusing, do state that in order to be exempt, the floor area of the shed structure, taken on its own or in conjunction with any similar structures must not exceed 25sq m. This means that the shed you have applied to retain has already used the full floor area permitted as exempt development. Any additional sheds garages or stores will, in my opinion, require planning permission. The fact that the floor area of existing similar structures must be included in the count is the key when considering if the proposed development is exempt or not. A very common mistake also made is where people forget to count and include exempt garage conversions when considering a rear extension up to the permitted limit of 40sq m. Very often they proceed to build what is later discovered to be an unauthorised extension by virtue of its size.
The Office of the Planning Regulator has published a series of planning leaflets which have been recently updated. In total, there are 15 which cover all aspects of the planning system, including how to prepare and lodge a planning application, how to make a planning appeal, requirements for change of use, building extensions, garages, domestic sheds, agricultural development, etc. The leaflets offer practical advice and are available at the following link: https://www.opr.ie/planning-leaflets/
As I said, it pays to get advice early to remove any doubt. Your local chartered building surveyor would be happy to carry out a site visit to confirm my understanding of the limitations and restrictions that may apply. In general, where developments are deemed to be exempt your surveyor should be in a position to issue an exempt development certificate for inclusion with your title documents.
Noel Larkin is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland, www.scsi.ie
