The planning system would “grind to a halt” if everyone who installed external insulation on their homes applied for planning permission, an expert has warned.
Private planning consultant Tom Phillips has said that, in most cases, this work should be exempt from requiring planning permission and the State should “do more to explain it to people” so they don’t get “frightened over nothing”.
His comments come after homeowner Clive Ryan was told by South Dublin County Council to remove the external insulation installed on his home or else face imprisonment or a €5,000 fine.
Mr Ryan spent €16,000 to have the insulation installed on his home in Kilnamanagh in October 2018 and received a €4,000 grant under the Sustainable Energy Authority of Ireland programme following completion of the works by registered One Stop Shop provider Churchfield Home Services.
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Managing director, Noel Rowland, said the planning enforcement order “caught us by surprise” and said the company will be “erring on the side of caution” in the future.
Mr Rowland explained that, in Mr Ryan’s case, the company did not advise him to seek planning permission because the house was not a protected structure and a precedent had been set on the road where other houses had the same work done.
“We will always err more on the side of caution now as a result of this,” Mr Rowland said.
Planning laws state that if the works change the external appearance of the building, or render it inconsistent with the character of neighbouring structures, it may require planning permission.
These decisions are made on a case-by-case basis by the local authority, however, and have a lot of dependent factors.
Mr Phillips said: “It’s not scientific. It’s more subjective rather than objective. That’s the problem sometimes with planning.”
In most situations, Mr Phillips advises clients to first look for confirmation of a planning exemption under Section 5 of the Planning Act, rather than apply for planning permission.
South Dublin County Council said it would not comment on individual cases but noted that it “considers pursuing enforcement activity on a case-by-case basis” and that, where unauthorised development has taken place and has not been remedied, “we must act as considered appropriate”.
A spokeswoman said: “In many cases, it is possible to have the matter resolved to the council’s satisfaction through negotiation and or an enforcement process.”
