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  • Split Decision Regarding Exempted Development Status of Decking to Front of Dwelling

    A question came before An Bord Pleanala as to whether the erection of a raised timber deck structure to the front of a dwelling house in Shankill is development or exempted development.

    The raised timber deck structure is situated to the front of the dwelling and is accessed via steps from a hard surface driveway. It is enclosed by a guard rail and newel posts.

    Dun Laoghaire Rathdown County Council had previously concluded that the development is not exempted development under section 4 (1) (h) of the Planning and Development Act, 2000 as the decking structure materially affects the external appearance of this dwelling in a manner that renders the appearance inconsistent with the character of the structure and neighbouring structures.

    An Bord Pleanála has concluded that the raised timber deck was exempted development under the Planning and Development Regulations, 2001 (Class 6 (a) of Part 1 of Schedule 2).

    However the guard rail and newel posts were not considered exempted development under the Planning and Development Regulations, 2001.  Furthermore they were not considered exempted development under section 4 (1) (h) of the Planning and Development Act.

    Therefore the Board issues a split decision with the erection of the raised timber deck to the front being deemed exempted development and the erection of the guard rail and newel posts deemed not to be exempted development.

    Published on January 10, 2013 By:David Mulcahy · Filed under: Exempted Development, Residentail; Tagged as: ,
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