Core Planning Reasoning
The proposed change of use from domestic storage to a home office/counselling space is not considered exempted development as it would contravene Condition 2(a) of planning permission SD11B/0293, which restricts the structure's use to purposes incidental to the dwelling house and prohibits use for trade or business.
Decision Maker's Conclusion
- The change of use from domestic storage to home office does not constitute 'development' as defined under Section 2(1) of the Planning and Development Act, as it requires no works and results in no additional planning impacts that change the nature or character of the structure.
- Despite not being 'development' in the first instance, the proposal is deemed not to be 'exempted development' because it fails the test of Article 9(1)(i) of the Regulations by contravening a specific condition in the parent planning permission.
- The proposed use for counselling services is classified as a 'business' involving the exchange of services for money, which directly contradicts Condition 2(a) of PA Ref. SD11B/0293 forbidding trade or business use in the Shomera structure.
Cited Policies (CDP)
South Dublin County Development Plan 2022-2028Section 12.9.3 – Home Based Economic ActivityZoning objective 'Res' (To protect and/or improve Residential Amenity)
Decision Document Summary
This Section 5 referral relates to a detached two-storey dwelling at 6 Hermitage Way, Lucan, where the applicants sought to determine if using a permitted 'Shomera' garden structure as a home office for tele-working and psychotherapy consultations is development. The Planning Authority (South Dublin County Council) had previously ruled that it was development and not exempt. The Inspector notes that while the activity is subordinate to the main residential use and requires no physical alteration...SOURCE PDFOpen Original
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