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Dublin couple told to remove home insulation due to planning rules

The Irish Planning Institute and the Sustainable Energy Authority of Ireland have said they would like to see planning regulations updated to take account of green initiatives such as home energy upgrades.

It comes as a couple in southwest Dublin have been told to remove their external insulation because it is in breach of planning conditions.

Six years ago, the Ryan family installed external insulation to their home in Kilnamanagh in an effort to tackle their high energy bills.

However, before Christmas last year, they were notified by South Dublin County Council that their external insulation is in breach of planning conditions and that they must remove it by June or face a fine or imprisonment.

Clive Ryan says he believes the issue is that the external insulation covered over the lower portion of the house that was previously red brick, but he said as other houses in the area had the same work done, they were not aware of the need to apply for planning permission.

"I was in total shock. The fine of €5,000 and imprisonment really knocked me for six. I had never heard of this before from anyone and we are going to resolve it, but to no avail so far," Mr Ryan said.

"To find out six years later that we need a planning permission was a bit of a shock. We thought it was just a simple process of going through the steps but it transpires it's not as simple.

"So we're really kind of stuck at the minute. Hopefully, it will be resolved, that common sense will prevail but I do think the laws need to be looked at."

"I'm absolutely shocked to be to be told that you're going to be put in prison for putting a wrap on your house. I'm still baffled," he said.

Six years ago, the Ryan family installed external insulation to their home in Kilnamanagh

The couple applied for retention of the insulation, but their application was deemed invalid.

They are in the process of reapplying for retention with the assistance of the contractors who did the work on their home, who were also taken by surprise by the enforcement notice.

Samantha Ryan says the couple will have to foot the bill if the insulation has to be removed.

"There are loads of houses in the area have the same job done. Our house isn't sticking out like a sore thumb. So we don't know the reason they have singled out us," she said.

"The cost initially was about €19,000 and we went to the government, got a grant for it, and it cost us €16,000 to do it ourselves. If it has to come down it's going to be at our cost as well. We'll have to pay for it," Ms Ryan added.

The couple say they are delighted with the savings they have made by installing external insulation and that they had recently considered getting solar panels on their roof but are now reluctant to do any more work to their home as a result of this experience.

'It's a judgement call', says planning institute

Gavin Lawlor says the Irish Planning Institute is currently working with the Government to update the laws

The Irish Planning Institute says it is surprised by the amount of furore that the case has caused.

However, its President Gavin Lawlor says it is currently working with the Government to update the laws in relation to green initiatives such as external insulation.

"In this instance, there's no specific exemption, as of yet, for external insulation. Therefore, it falls to be considered under a general provision that says, you can carry out improvements to your house, so long as they don't affect the character of the house or the character of the adjoining house.

"That tends to be the issue, it's a judgement call. Obviously, in this case, South Dublin have made a judgement call that it requires planning permission," he said.

"It is important that the planning regulations keep up with what would be considered as good practice in terms of environment and new environmental solutions. The planning legislation famously changed last year.

"It's the first time in 20 years since we've had a wholesale review of the Planning Act.

"There's a set of regulations that go along with those acts, which are currently being written, and we're currently working with the Department to look at the exemption provisions, the things that don't need planning and making provisions for things like exactly what you're talking about.

"I think obviously greater clarity needs to be brought to bear on that, so that it's very clear for people what they can do," Mr Lawlor added.

'Check with contractor, local authority'

Dr Ciaran Byrne says issues with planning are very rare

The Sustainable Energy of Ireland also wants to see regulations updated to take account of green initiatives.

Director of National Retrofit with SEAI Dr Ciaran Byrne says issues with planning are very rare but householders should check planning conditions before they carry out works.

"For the vast majority of external insulation, it's only a check in that's required. Very few, if any, require any additional measures such as planning permission, and we suggest that homeowners do that.

"In the case of a Victorian red brick or something like that, you couldn't really put external wall installation on that type of building.

"But for a typical house in a typical housing estate, it's worthwhile just checking with your contractor and checking in with the local authority," Dr Byrne said.

"We've seen the biggest change in our planning laws in the last number of decades, and we'd be very keen to see green related measures supported in the appropriate way.

"We're trying to get 400,000 heat pumps installed and 500,000 homes upgraded to A, B or B2 rating. So we want to make it as simple as possible for the homeowners," he added.

Local People Before Profit Councillor Jess Spear, who has been working with local residents on this issue, said: "This has caused anxiety and frustration for this family. And for what? Because the outside of the home looks slightly different from the one next to it?

"Is this really how we should respond to a homeowner reducing their emissions - tell them they have to take it down or the council will, and not only that but they could be fined and imprisoned?

"We should be facilitating people to insulate their homes, not putting up barriers," she added.

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In a statement, South Dublin County Council said it sought to address breaches of planning control which would have an unacceptable impact on the amenities of an area.

The council says enforcement is on a case-by-case basis, that many matters can be resolved through negotiations and that it is open to the applicant to apply for retention.

"While we do not comment on the details of individual cases, I can confirm that Planning Enforcement seeks to ensure that planning permissions and any conditions attached to the permissions are complied with, and that, insofar as is practicable, where unauthorised development has taken place, that any land is restored to its condition prior to any unauthorised development having taken place.

"It should be noted that in accordance with planning legislation, letters and notices issued are required to explain the possible penalties involved where there is an offence and explain that any costs reasonably incurred by the Planning Authority in relation to enforcement proceedings may be recovered," the council added.