Dublin Council Calls for Demolition of Unauthorized Home Extension by Local Resident

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Dublin Homeowner Battles Council Over Years-Old Extension Dispute

Dublin, Ireland – A protracted legal battle is unfolding in the Circuit Court concerning a homeowner and a disputed property extension. Philip Farrelly, a resident of Sutton, Dublin, is facing a demolition order issued by Fingal County council for a two-storey extension built at the rear of his Burrow Road home.

The Origins of the Dispute

The controversy began in 2019 when Mr.Farrelly replaced an existing two-storey extension without securing the necessary planning permissions. Following a formal enforcement notice served in March 2020, demanding the removal of the structure within four months, the extension remained standing, leading the council to pursue legal action. Mr. Farrelly, now in his 70s, recently submitted a retrospective planning request, seeking permission to retain the expanded structure.

However, the council is firmly opposing this application, arguing that sufficient time has passed for Mr. farrelly to have addressed the issue. Tim O’Sullivan, representing the council, asserted before Judge John O’Connor that the homeowner had ample possibility to submit a retention application from the outset, even after receiving the initial warning letter.

Homeowner’s Defense and Council’s Rebuttal

mr. Farrelly, in an affidavit, claimed the original extension benefited from pre-1964 planning exemptions and that the incremental increase in size – less than 40 square meters – also qualified for an exemption. He also stated the initial demolition was necessary due to structural instability of the original extension, which, if rebuilt to the same dimensions, would have also been exempt.

The council’s barrister countered that the new extension is considerably different from the original. He detailed that the current structure is larger, having increased from 92 square meters to 123 square meters, and has been shifted one meter in location. Moreover,none of the original perimeter walls were replicated in the new construction.A subsequent inspection in June 2023 revealed the addition of a single-storey extension serving as the main entrance to the larger structure.

According to data from the Department of Housing, Planning and Local Government, appeals against enforcement notices have risen by 15% in the last two years, indicating a growing trend of homeowners attempting to retrospectively legalize unauthorized developments.

Claims of Harassment and Potential Homelessness

Mr. Farrelly alleges he has been subjected to intimidation and abuse from a neighbor,attributing the council’s actions to this personal dispute. He also expressed concern that demolishing the extension would render his son and daughter-in-law homeless, as they reside with him at the property.

Despite these claims, An Bord Pleanála, Ireland’s planning appeals board, issued its own determination in August 2023, confirming the extension’s lack of planning exemption – a ruling Mr. O’Sullivan described as “beyond dispute.”

Key Detail	Details
Original Enforcement Notice Issued	march 2020
Original Extension Size	92 sq m
Current extension Size	123 sq m
An bord Pleanála Ruling	Extension not exempt from planning permission (August 2023)

The court hearing continues,with Mr. Farrelly’s legal team expected to present their arguments on Tuesday.

Understanding Planning Permission and Enforcement

Planning permission is a crucial aspect of property ownership in Ireland, ensuring developments align with local planning policies and regulations. Building without the necessary permission can lead to enforcement notices and, ultimately, demolition orders. Retrospective planning permission allows homeowners to seek approval for works already carried out,but it is indeed not guaranteed and depends on compliance with planning standards.More information on planning permission can be found on the Irish Government website.

Did You No? Ignoring an enforcement notice can result in significant fines and further legal complications.

Pro Tip: If you are considering any building work, it is always best to consult with your local planning authority beforehand to ensure compliance.

Frequently Asked Questions About Planning Permission

• What is planning permission? Planning permission is official consent to carry out a specific advancement or change of use of land.
• Can I build an extension without planning permission? In some limited cases, yes, but it depends on the size and scope of the extension.
• What is a retrospective planning application? This is an application for permission for work already carried out without prior approval.
• What happens if I ignore an enforcement notice? You risk fines, legal action, and a potential demolition order.
• How can I find out more about planning regulations in my area? Contact your local planning authority.

What are your thoughts on this complicated case? Do you think the homeowner should be allowed to keep the extension, or should the council’s order be enforced? Share your outlook in the comments below!

What specific planning regulations did the homeowner violate by constructing the two-story extension without approval?

The Case and Council’s Stance

Dublin City Council has issued a demolition order for a home extension built by a resident in the Rathfarnham area, citing a lack of planning permission. The extension, a two-story addition to a semi-detached house, was reportedly constructed without prior approval from the local authority. This case highlights the critical importance of adhering to Irish building regulations and planning laws. The council maintains that the structure violates local planning schemes and impacts the visual amenity of the area.

The enforcement notice served to the homeowner demands the complete removal of the unauthorized extension within a specified timeframe – typically six months, though extensions can be granted. Failure to comply could result in further legal action, including substantial fines and the council undertaking the demolition at the homeowner’s expense. This situation underscores the potential financial and legal ramifications of proceeding with building work without the necesary permissions.

Understanding Irish Planning Permission Laws

Navigating the Irish planning system can be complex.Here’s a breakdown of key aspects:

* exempt Development: Certain minor works, like internal alterations or small sheds, are exempt from planning permission. Though, extensions almost always require approval.

* Part 37 Applications: For smaller extensions, a ‘part 37’ application to the local authority can be a streamlined process.

* full Planning Permission: Larger extensions, or those substantially altering the structure of a property, necessitate a full planning permission application.

* Retention Permission: If work has already been carried out without permission, homeowners can apply for retention permission. this is not guaranteed and often faces stricter scrutiny.

* Building Regulations: Seperate from planning permission, building regulations ensure structural safety and energy efficiency.Compliance is mandatory, even for exempt development.

Why Was Planning Permission Not Obtained?

The reasons for building without permission vary. Common explanations include:

* Cost Concerns: Homeowners may attempt to avoid the costs associated with planning applications and architect fees.

* Time Constraints: The planning process can be lengthy, and some homeowners may be eager to complete work quickly.

* Lack of Awareness: Some individuals may be unaware of the necessity for planning permission, especially for seemingly minor alterations.

* Belief it Wasn’t Needed: A misinterpretation of planning guidelines or advice received.

In this Rathfarnham case, the homeowner has yet to publicly state their reasoning. however, the council emphasizes that ignorance of the law is not a valid defense.

The Implications for Homeowners

This case serves as a stark warning to homeowners considering renovations or extensions. The consequences of non-compliance can be severe:

* demolition Orders: As seen in this instance, councils have the power to order the demolition of unauthorized structures.

* Financial Penalties: Fines can be levied for breaches of planning regulations.

* Legal Costs: Homeowners may be liable for the council’s legal expenses incurred in pursuing enforcement action.

* Impact on Property Value: An unauthorized extension can negatively effect the market value of a property and hinder future sales.

* Insurance Issues: Insurance companies may refuse to cover damage to unauthorized structures.

Retention Permission: A Possible Route?

The homeowner in Rathfarnham could possibly apply for retention permission. However, success is not assured. The council will assess the application based on several factors:

* Compliance with Local Plans: Does the extension align with the local area plan and zoning regulations?

* Impact on Neighbors: Does the extension negatively affect the amenity of neighboring properties (e.g., loss of light, overlooking)?

* Visual Impact: Is the extension aesthetically appropriate for the area?

* Traffic and Parking: Does the extension exacerbate existing traffic or parking issues?

Retention permission applications often attract more objections from neighbors and are subject to more rigorous scrutiny than initial planning applications.

Recent Trends in Planning Enforcement

dublin City Council,along with other local authorities across Ireland,has been increasing its enforcement efforts in recent years. This is driven by several factors:

* Increased Housing Demand: Pressure to maximize land use and ensure compliance with development plans.

* Public Complaints: A rise in complaints from residents regarding unauthorized building work.

* Government Directives: Increased emphasis on planning enforcement from central government.

* Use of Aerial Imagery: Councils are increasingly utilizing aerial photography and drone technology to identify unauthorized developments.

Practical Tips for Avoiding Planning Issues

To avoid similar situations, homeowners should:

1. Consult with a Planning Professional: Engage an architect or planning consultant early in the process.
2. Check Local Planning Regulations: Familiarize yourself with the relevant planning schemes for your area. dublin city Council’s website (https://www.dublincity.ie/) provides detailed details.
3. Submit a Pre-Planning Enquiry: Before submitting a formal application,a pre-planning enquiry can provide valuable feedback from the council.
4. Obtain All Necessary Permissions: Ensure you have both planning permission and building regulations approval before commencing work.
5. Keep Records: Maintain copies of all planning documents, approvals, and correspondence.

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