94A, Whitecliff, Rathfarnham, Dublin 16, D16 ET22
Data updated 12 Sept 2026 · register lag up to 7 days · sources & freshness
ED25/0082 is a planning application for declaration of exemption sect. 5 at 94A, Whitecliff, Rathfarnham, Dublin 16, D16 ET22, received by South Dublin County Council on 4 Sept 2025 and first seen by Planning Register on 11 Sept 2026. The application describes: 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. The council issued a split decision on 1 Oct 2025 (Declared Not Exempt). The five-week observation window closed on 9 Oct 2025. The site is zoned R2 — existing residential under the South Dublin County Council development plan. Within 500 m there are 76 other decided applications in the last five years and 6 appeals.
Proposal
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.
- Status
- Decision
- Decision
- Declared not exempt on 1 Oct 2025
- Site (from polygon)
- 70 m²
- Location precision
- site (coords_polygon)
Timeline
- 4 Sept 2025New applicationObservation window closed 9 Oct 2025
- 1 Oct 2025DecisionAppeal window closed 29 Oct 2025
Full planning report for 53.28486, -6.28809
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1 Where this is — preview
1 Deadlines still open
Appeal
Not appealed.
Commencement
No commencement notice matched to this reference.
Zoning at the site
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
- Radon risk area · 1
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 |