S.I. No. 181/2000 - Local Government (Planning and Development) Regulations, 2000.


The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 4 and 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) as amended, hereby makes the following Regulations:

(1) These Regulations may be cited as the Local Government (Planning and Development) Regulations, 2000.

(2) These Regulations and the Local Government (Planning and Development) Regulations, 1994 to 1999 may be cited together as the Local Government (Planning and Development) Regulations, 1994 to 2000.

2. Part 1 of the Second Schedule to the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ) is hereby amended by the substitution of the following for the part of the said Schedule relating to the development within the curtilage of a dwelling house:

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Description of Development

Conditions and Limitations

Development within the curtilage of a dwellinghouse

CLASS 1

The extension of a dwellinghouse, by the construction or erection of an extension (including a conservatory) to the rear of the dwellinghouse or by the conversion for use as part of the dwellinghouse of any garage, store, shed or other similar structure attached to the rear or to the side of the dwellinghouse.

1. (a) Where the dwellinghouse has not been extended previously, the floor area of any such extension, shall not exceed 40 square metres.

(b) Where the dwellinghouse is terraced or semi-detached, the floor area of the first floor extension, if any, shall not exceed 12 square metres.

(c) Where the dwellinghouse is detached the floor area of the first floor extension, if any, shall not exceed 20 square metres.

(d) Where the dwellinghouse has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions, including those for which planning permission has been obtained, shall not exceed 40 square metres.

(e) Where the dwellinghouse is semi-detached or terraced and has been extended previously, the floor area of the first floor extension, if any, shall not exceed the floor area of the existing first floor extension or 12 square metres, whichever is the greater.

(f) Where the dwellinghouse is detached and has been extended previously, the floor area of the first floor extension, if any, shall not exceed the floor area of the existing first floor extension or 20 square metres, which-ever is the greater.

2. The height of any such extension shall not exceed the height of the eaves or parapet, as may be appropriate, of the dwellinghouse.

(a) Subject to sub-paragraph (b), the height of the walls of any such extension, exclusive of any gable, shall not exceed the height of the rear wall of the dwellinghouse.

(b) Where the rear wall of the dwellinghouse includes a gable, the height of the walls of any such extension, exclusive of any gable, shall not exceed the height of the side walls of the dwellinghouse.

(c) The height of the highest part of the roof of any such extension shall not exceed the height of the highest part of the roof of the dwellinghouse.

3. The construction or erection of any such extension to the rear of the dwellinghouse shall not reduce the area of private open space of the dwellinghouse to the rear of the dwellinghouse to less than 25 square metres.

4. (a) Any windows proposed, in any such extension, at ground floor level, shall not be less than 1 metre from the boundary they face.

(b) Any windows proposed, in any such extension, at first floor level, shall not be less than 7 metres from the boundary they face.

(c)Where the dwellinghouse is detached and the floor area of the first floor extension exceeds 12 square metres, any windows proposed at first floor level shall not be less than 15 metres from the boundary they face.

5. The roof of any such extension shall not be used as a balcony or roof garden.”

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GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 22nd day of June 2000.

NOEL DEMPSEY T.D.,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations make a number of amendments to the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ). The changes made relate to Class 1 of Part 1 of the Second Schedule (domestic extensions).