In the past couple of weeks the Planning Appeals Commission has amended conditions attached to outline planning permission for two separate rural dwellings, which had limited the overall size of each house.
The more recent of the two cases was with respect to outline planning permission for a farm dwelling and a domestic garage in Newtownbutler. The appeal was in response to conditions of the planning permission which sought to restrict the siting of the dwelling and to limit the ridge height to not more than 6 metres above finished floor level.
The purpose of the condition restricting the siting of the proposed dwelling was in order to prevent development in an area affected by flood plain and to in the interests of visual amenity. The Commission found that that condition was both necessary and reasonable and the condition remained unaltered.
However the appellant found success with the condition that limited the height of the proposed dwelling. The appellant wanted the ridge height to be increased from 6.0m to 6.25m as measured from finished floor level in order to allow a concrete floor which would provide sound and fireproofing. Considering the height of other buildings in the vicinity and trees and other vegetation on the site boundaries, the Commission found that the slight increase in height would satisfy the provisions of planning policy for buildings in the countryside.
However in order to maintain the integration qualities of the site, the Commissioner applied a condition that hedgerows around the site be maintained at a specified height.
The second case related to the grant of outline planning permission for a dwelling outside Pomeroy. In that case the height of the proposed dwelling was originally limited to 5.5 metres above finished floor level and the overall floor area was limited to 100 square metres measured internally.
Planning permission had been granted for a dwelling on the same site previously which had a ridge height restriction of 6.5 metres. Although that permission was never implemented and had expired, the Commissioner took it into account along with a backdrop of trees on two sides of the site.
Accordingly, the maximum height of the dwelling was increased to 6.8m above existing ground level and a total footprint of not more than 150m² was allowed. The overall result allowed for a much more generous level of accommodation which could include the provision of first floor accommodation if desired.
Conditions limiting the height, siting and ground area of a dwelling are often attached to the grant of outline planning permission for a single dwelling. If you are not happy with the conditions and an appeal against them does not go in your favour, there is nothing to stop you from ignoring the outline planning conditions altogether and making an application for full planning permission. In such cases although the original conditions will not be binding, they will form part of the Council’s consideration of your proposal.
