REF15424

The proposed rear garden entrance gate is considered development and is not exempted development because it provides access to a public road (the rear laneway) where the surfaced carriageway width exceeds 4 metres, thereby triggering the restriction under Article 9(1)(a)(ii) of the Planning and Development Regulations 2001 (as amended).

• The conversion of the garage and the internal modifications to the rear porch/kitchen area constitute development but are exempted development under Class 1 of Part 1 of Schedule 2 and Section 4(1)(h) of the Act, as they remain within floor area limits and do not materially affect the external appearance.
• The proposed 1m wide pedestrian gate is development that would typically be exempt under Class 5, but is de-exempted by Article 9(1)(a)(ii) because the adjacent laneway is a public road with a width (measured at 5.7m) exceeding the 4m statutory threshold.
• The Inspector recommends a split declaration, confirming that the building works are exempt while the creation of the rear pedestrian entrance requires planning permission.