COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, March 08, 2011

HEADED ITEM NO. 11

Section 5 Declaration of Exempted Development

Reference ED 10/0040 Change of Use and Works to Facilitate Use at Millhouse Whitechurch Road (Protected Structure)

An application, under Section 5 of the Planning and Development 2000 (as amended) for a Declaration of Exempted Development (Reg. Ref. ED 10/0040), was submitted to the Planning Authority on 15th November 2010 in relation to the following:

“Use of this existing domestic dwelling (PROTECTED STRUCTURE) as a residential building for support living” at Millhouse Whitechurch Road."

Due to a technical oversight the application was inadvertently published on the Council website.  Understandably, a 3rd party submission saw the notice and made a submission in objection to this application.  However, the Act does not provide for 3rd party submissions on a Section 5 Declaration and therefore a 3rd party appeal is precluded.  The notice was subsequently withdrawn from the website, the submission was returned and the submitter advised of the error.

The decision of the Planning Authority, dated 7th January 2011, declared that the proposed development was deemed to be exempted development as follows:

“…that the proposed development of  Use of this existing domestic dwelling (PROTECTED STRUCTURE) as a residential building for support living at the above address is, by Managers Order PR/0011 dated 07-Jan-2011 , Declared Exempt and therefore will NOT require planning permission…

 This decision was consistent with the planner’s report which includes the following assessment of the Conservation officer:

“… the proposed works detailed above are necessary for the safeguarding of the Protected Structure.  Section 57(1) of the Planning and Development Act 2000 (as amended) states that ‘the carrying out of works to a protected structure, or a proposed protected structure, shall be exempted development only if those works would not materially affect the character of (a) the structure, or (b) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.

and concludes that having regard to the information submitted, it is considered that the proposed change of use of an existing dwelling to a residence for persons with an intellectual or physical disability or mental illness, with no more than 6 persons being cared for by 2 no. carers, complies with  details as set out in Class 14 of the Planning And Development Regulations 2001 (as amended) and that the proposed internal alterations and repair of Millhouse, a Protected Structure would comply with conditions as set out in Section 57 (1) of the Act and thus are considered to be exempted development and would not require permission.”