Core Planning Reasoning
The Inspector determined that while the painting constitutes development, it is exempted development under Class 12, Part 1 of Schedule 2 of the Planning and Development Regulations, as the original planning conditions did not explicitly or permanently restrict the right to paint the building exterior.
Decision Maker's Conclusion
- The proposed change of colour from blue to grey constitutes 'works' and 'development' as it involves an act of alteration and renewal of the structure.
- The works do not qualify for exemption under Section 4(1)(h) of the Act because the introduction of dark grey (RAL 7021) renders the appearance of the units inconsistent with the established character and shared palette of the wider office park.
- The works are ultimately exempted development under Class 12, Part 1 of Schedule 2 of the Regulations, and the restriction in Article 9(1)(a)(i) does not apply because Condition 22 of the parent permission was a standard pre-commencement condition rather than a permanent restriction on finishes.
Cited Policies (CDP)
Dun Laoghaire Rathdown Development Plan 2022-28Section 2(1) of the Planning and Development Act, 2000Section 3(1) of the Planning and Development Act, 2000Section 4(1)(h) of the Planning and Development Act, 2000Article 6(1) of the Planning and Development Regulations, 2001Article 9(1)(a)(i) of the Planning and Development Regulations, 2001Class 12 of Part 1 of Schedule 2 of the Planning and Development Regulations, 2001
Decision Document Summary
This referral relates to Units 3 and 4 of Richview Office Park, Dublin 14, where the applicant proposed to paint external window frames, doors, and cladding from blue to a dark grey (RAL 7021). The office park consists of nine buildings with a uniform design language of red brick, channelled render, and blue trim. The Planning Authority originally declared the work was not exempted development, arguing it contravened Condition 22 of the parent permission (89A/2308), which required material appro...SOURCE PDFOpen Original
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