South Dublin County Council · ED25/0082

94A, Whitecliff, Rathfarnham, Dublin 16, D16 ET22

4 Sept 2025Received
1 Oct 2025Declared not exempt

Status: Refused
Decision: Declared not exempt · 1 Oct 2025
Council: South Dublin County Council
Type: Declaration of Exemption Sect. 5
Site: 70 m²

What’s proposed

The granny flat has operated as a fully self-contained residence for over 32 years, with its own front and rear entrances, divided garden, independent essential services, dedicated parking and no shared access with the main dwelling. The unit was constructed in full compliance with planning and building regulations and has remained in lawful use since it's completion. Planning Permission was granted under Decision Order P/4409/89 and building by-law approval under Order No. BBL/3630/89. No physical alterations are proposed, and the use does not materially affect the character of the area. The continued use aligns with Section 5 of the Planning and Development Act 2000 and the Planning and development Regulations 2001 (As amended). This application is further supported by legal precedent, including Narconon Trust v An Coimisiún Pleanála (2006) IEHC 239, which confirms that a change of use without physical works may be exempted development. The continued use also qualifies for immunity under Section 160 of the Planning and Development Act 2000, having exceeded the statutory 7-year period without enforcement. We are a retired couple now living in what was a granny flat. The granny flat obtained permission on the basis that once it ceased to be used as a granny flat that it would then become part of the main dwelling. This arrangement aligns with national housing policy objectives promoting flexible living arrangements, efficient use of existing housing stock, and support for aging in place. We no longer have use for the main house as a family home. This application seeks confirmation that the continued independent use of the granny flat constitutes exempted development. It does not involve physical separation or subdivision requiring planning permission. I respectfully request that South Dublin County Council confirm the exempted development

ED25/0082 is a planning application to South Dublin County Council for the granny flat has operated as a fully self-contained residence for over 32 years, with, received on 4 Sept 2025; permission was refused on 1 Oct 2025.

Planning details

Reference: ED25/0082
Local authority: South Dublin County Council
Status: Refused · register status “Decision”
Received: 4 Sept 2025
Observations close: 9 Oct 2025 (closed 352 days ago)
Decision due: 1 Oct 2025 · decided 1 Oct 2025
Decision: Declared not exempt on 1 Oct 2025
Proposed development: The granny flat has operated as a fully self-contained residence for over 32 years, with its own front and rear entrances, divided garden, independent essential services, dedicated parking and no shared access with the main dwelling. The unit was constructed in full compliance with planning and building regulations and has remained in lawful use since it's completion. Planning Permission was granted under Decision Order P/4409/89 and building by-law approval under Order No. BBL/3630/89. No physical alterations are proposed, and the use does not materially affect the character of the area. The continued use aligns with Section 5 of the Planning and Development Act 2000 and the Planning and development Regulations 2001 (As amended). This application is further supported by legal precedent, including Narconon Trust v An Coimisiún Pleanála (2006) IEHC 239, which confirms that a change of use without physical works may be exempted development. The continued use also qualifies for immunity under Section 160 of the Planning and Development Act 2000, having exceeded the statutory 7-year period without enforcement. We are a retired couple now living in what was a granny flat. The granny flat obtained permission on the basis that once it ceased to be used as a granny flat that it would then become part of the main dwelling. This arrangement aligns with national housing policy objectives promoting flexible living arrangements, efficient use of existing housing stock, and support for aging in place. We no longer have use for the main house as a family home. This application seeks confirmation that the continued independent use of the granny flat constitutes exempted development. It does not involve physical separation or subdivision requiring planning permission. I respectfully request that South Dublin County Council confirm the exempted development
As published by the register.
Site area: 70 m² from the mapped boundary, not the council's figure
Applicant: Not published — the national feed carries no applicant name council register

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Homes nearby

Appeal

Not appealed.

Commencement

No commencement notice matched to this reference.

Zoning at the site

R2 — Existing residential

RES: To protect and/or improve residential amenity

An established residential area. The objective is to protect existing residential amenity as well as to provide housing — which is the objective a neighbour's objection to an overbearing extension is usually argued under.

Designations within 250 m

OPW flood extent nearby — flag only (licence); floodinfo.ie.

NIAH-recorded building · 2
Roseville; Willbrook House
Radon risk area · 1
About 1 in 20 homes in this area is likely to have high radon levels

Provenance

Register row from the national planning applications feed (NPAD), fetched 11 Sept 2026, 18:51 (store id 89322). Deadlines were computed by the store from the received / decided dates under the Planning and Development Act 2000 and are recorded as events, not recomputed here. Council register: https://planning.agileapplications.ie/southdublin/application-details/68907.

Source: npad · fetched 11 Sept 2026, 18:51

Source	Licence	Fetched	Link
npad	CC-BY-4.0	11 Sept 2026, 18:51	open

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