Regulations mean most Laois residents will be unable to put second dwelling on land
Laois TD Brian Stanley says existing sheds and greenhouses are included in the 45 sq mtr planning exemption announced earlier this year
New regulations allowing small housing units in gardens or land beside homes are practically unworkable for most Laois residents, a local TD has said.
Independent Laois TD Brian Stanley raised the issue recently in the Dáil where he highlighted how restrictive the new regulations allowing 45sq mtr developments announced during the summer actually are.
The issue arises because he said any fuel shed, garden shed, glasshouse or building on land proposed for a dwelling will be added to the 45 sq mtr allowance.
“One is allowed to build 45 square meters. However, the dwelling cannot be below 32 sq mtr but if there is an existing small garden shed, garage, greenhouse, small store and so on, they are all counted within the 45 sq mtr. A dwelling of 45 sq mtr gives enough space for one or two people, but 32 sq mtr would be very small,” he explained.
“If there is a small shed of 14sq mtr, for example on the site, one cannot meet the minimum size of 32 sq mtr. The way the regulations are framed, it is not possible to have a dwelling and a shed, greenhouse or store,” said Dep Stanley.
He believes the vast majority of sites in Laois will be ineligible for the dwellings due to the inclusion of existing buildings.
“This is regardless of the size of the back garden, yard or site,” he said. “I am dealing with a case where the owner has a site comprising 1.4 acres. It is a huge site. However, there is already a 15 sq mtr small fuel shed on it. The fact that there is a 15 sq mtr small shed on it means that the owner cannot put in a modular dwelling for an elderly relative on that site. I am dealing with another case where the owner has 0.6 acre, but there is a garage on the site. It is a single-car garage, as is common in almost every rural dwelling around the country. That cannot be done there. I estimate that for 80% of homes in the likes of Laois. It will be the shed or the dwelling,” he said.
Dep Stanley said there were also issues in relation to existing entrances onto regional and national roads and where there are neighbouring houses. “There is the distance from the next-door neighbour, this will become an issue in more urban areas. There is no inspection by the local authority. There is simply a requirement to notify the local authority with a minimum of 14 days’ notice,” he said.
He called on the Minister for Housing to resolve the issues associated with the regulations.
Minister of State, Frankie Feighan responded to the issues on behalf of the Minister for Housing, Local Government and Heritage, Deputy James Browne.
He said the revised exempted development regulations allows for the construction, erection or placing of a detached house in the rear garden of a principal house, subject to certain conditions and limitations. .
“It should be noted that planning legislation does not specify the method of construction and, therefore, class 3A is referred to as a detached house in the rear garden of a principal house and not specified as a modular home. I can confirm that all relevant building control legislation shall apply to such structures, including building regulations such as fire safety and building control regulations,” said Minister Feighan.
“The Deputy raised some interesting issues regarding garden sheds and whether they would be taken into consideration when looking for a new modular development in the back garden. These are areas to which I do not have the answers, but I will certainly be glad to raise them with the Minister on the Deputy's behalf,” he said.