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  • A question arose as to whether or not works undertaken to an outbuilding adjacent to a protected structure can be classified as exempted development at Erin Lodge, Athy Road, County Carlow.

    The structure which is the subject of the referral is located within the garden of a dwellinghouse, which is listed on the record of protected structures in the Carlow Town Development Plan. The outbuilding is a small pitched roof stone structure with an elongated lean-to shed to the immediate rear.

    The works undertaken included the replacement of an existing metal sheet roof with a new metal sheet roof; plastering and the incorporation of a new window opening on the southern elevation at first floor level.
    Carlow Town Council determined that the works undertaken at the outbuilding constitute development which was not exempted development. The owner/occupier of the residential dwelling and outbuilding referred the question to An Board Pleanala.

    The grounds for referral included, inter alia, the building is not listed in the Development Plan as a protected structure. The listing in the Development Plan must be informative and must therefore refer to all the physical structures which it is intended to protect. The Act requires that every protected structure be included in the record of protected structures. The works undertaken at the shed cannot be considered to be unauthorised development. The works were necessary to protect the building from endangerment.

    An Board Pleanala’s Senior Planning Inspector noted that Read the rest of this entry »

    Published on December 5, 2014 By:David Mulcahy · Filed under: Exempted Development, Important An Bord Pleanala Decisions; Tagged as: ,
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