Planning application ED25/0082

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.

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