Private open space to rear

[Thesearcher]

Is anyone experienced with the exact definition of the below from the statutes book in relation to exempted development for an extension. My drawings have the garden to the rear of the house reduced to 12sqm however the side garden (which is still behind the house but not directly) covers the required 25 sq.

I was in with DCC previously about the definition of rear and back garden and they did not know for certain and could not give me an answer. The statue definition is specific to the "rear of the house" which on a point of law can mean directly behind the house however can be interpreted as behind / side but I'd rather know for sure as I don't want to build it only to have to go for retention.

Statute definition
5. The construction or erection of any such extension to the rear of the house shall not reduce the area of private open space, reserved exclusively for the use of the occupants of the house, to the rear of the house to less than 25 square metres.

Dublin City Council website FAQ says "back garden"
Can I cover my entire back garden with an extension of 40sqm?
No. The extension shall not reduce the "Private Open Space" of the back garden to less than 25 sq. m.

 

[Leo]

Is the side garden to the side or the rear? Unlikely to be both in reality, and I believe the exemption limits and restrictions are interpreted literally.

You could seek a declaration to find out one way or the other.

 

[Thesearcher]

Thanks, the whole side garden is to the side of the house however goes from the front road to rear boundary wall - what I'm asking is if any section of the garden that is behind the rear wall of the house can be classified as as rear garden or do they specifically mean rear of the rear wall of house. I know that sounds slightly confusing - Thanks again - I'll look into that. My only concern with the declaration is they will err on the side of caution regardless.

 

[Leo]

My only concern with the declaration is they will err on the side of caution regardless.

They'll go with telling you what they allow as exempt. It'll be a black & white situation for the planners. The alternative is find someone willing to tell you what you want to hear only for planning enforcement to come after you some time in the future and make you knock it down and hit you with a fine.

 

[Thesearcher]

Thanks & much appreciated

 

[Thesearcher]

UPDATE: I managed to get a planning enforcement opinion and they agreed what the statue says is slightly ambiguous but in their and a colleagues opinion, as long as the section behind the line of the rear wall of the house has 25sqm of private open space left over then it's compliant and no need for a Section 5 or Planning application. I had proposed drawings with me, it was an opinion - but happy with the outcome.