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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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With regard to Irish Planning Legislation; Could a proposal

Resolved Question:

With regard to Irish Planning Legislation;
Could a proposal to remove a pitched glazed roof from an existing conservatory to the rear of an existing dwelling & replacing it with a pitched solid roof incorporating velux tupe rooflights constitute exempted development?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

Buachaill :

1. No. This is not exempted development. As it changes the external structure of the development, these are not exempted development works I regret to say.

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer:

Even having regard to the provisions of The Planning & Development Act (Section 4(1)(h)) where it would appear to be permissible to carry out 'works' for the maintenance, improvement or other alteration of any structure which do not materially affect the external appearance of the structure so as to render the appearance inconsistenty with the character of the structure or of neighbouring structures?

Buachaill :

2. I read section 4 before I gave you my answer. However, what you want to do is essentially replace a conservatory glass with a solid roof. The arguably changes the character of the structure as it is no longer a house with a conservatory but a house with an extension with a solid roof. Speak with your local planning officer in the County Council as this is the person who will have the final say. These things are always a matter of degree. It depends on the look of the thing. Take a picture of your house along with you when you go to see the planning officer. That way you will get the view of the person who is applying the law in your area. However, changing use of a conservatory from a glass conservatory to a roofed structure is certainly a change in character of the house as it goes from being a house with a conservatory to a house with an extension. However, it ultimately depends on the look of the thing and the inherent character of the house.

Buachaill :

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Buachaill, Lawyer
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Experience: Barrister 17 years experience
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