Ask the Experts: The planner

AG, Co Limerick

It sounds as though the changes you are planning would constitute a very minor addition to the shops. The problem is that all developments require planning permission, unless you can find that it states otherwise somewhere in the legislation.

The section of the legislation that best applies to you is section 4(1)(g) of the 1963 local government planning act that allows you to carry out maintenance or improvement works in the building “that do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures”.

As you can see, the legislation is about as clear as mud, so what it covers will depend heavily on interpretation. This section is intended to cover the normal painting, decorating and improvement of a building, but there is very little clarity as to how far it allows you go when making any changes. For example, nobody applies for planning permission to paint their house, but were you to decide to be a little bit adventurous and paint it yellow with blue polka dots and a fringe of delicate pink (or perhaps the national green, white and orange as somebody did during a previous world cup), you could be in trouble from a planning point of view. Much will therefore depend on the degree of alterations you make to the appearance of the shops.