Great-grandmother who spent €40k on unauthorised granny flat wins battle to keep it

Sunday World

30-04-2025

'relieved' |
"It's taken so long. I'm relieved that it's over but I feel deflated now. It's been a stressful and very expensive year'
Mary Newman has spent nearly €40,000 on a granny flat in the backgarden of her home in north Wexford.
Mary Newman of Hazelwood, Goreybridge, Gorey, didn't realise the lengthy battle she was getting herself into when she began construction on a 42.5m2 independent residential unit in the rear garden of her semi-detached house.
Speaking after she received the decision from An Bord Pleanála, Ms Newman said she's feeling 'flat' about it all and 'it's been a horrible year, sitting at the kitchen window, just looking at it being destroyed'.
"It's taken so long. I'm relieved that it's over but I feel deflated now. It's been a stressful and very expensive year. Being quite honest, I've just been looking at the flat all week and it's being battered by the rain. It's taken it out of me. It wasn't protected and now it's going to cost me a fortune to fix it.
"The covering on it is knackered so it all has to be replaced. I was stupid to do what I did. I just thought I was doing the right thing but I should have thought more about it before I did what I did. I wouldn't want anyone else to go through what I did, go for planning,' said Mary.
The proposed floor plans Mary Newman has submitted to Wexford County Council for planning permission.
In 2024, Mary applied for retention permission from Wexford County Council for the granny flat but it was refused and she was told the structure needed to be attached to the main dwelling.
Last year, Ms Newman was refused permission to retain a granny flat and all associated site works at her home, as it was not in accordance with the policy as set out by the Wexford County Development Plan 2022-2028. This policy requires the unit to be attached to the main house and be accessible from the main house by an internal access door. Ms Newman who has health issues, built the home for her 21-year-old granddaughter Jade and her new baby so they could remain close by.
The decision to grant planning permission was issued by Wexford County Council on November 1, 2024 subject to five conditions. One of the key conditions is that the self-contained residential unit shall not be sold, let or otherwise disposed of, transferred or conveyed separately from the main house, and will revert back to use as part of the main house when it stops being used.
As part of the appeal, An Bord Pleanála carried out a site inspection of the granny flat which was unfinished at the time but was being partially used for general domestic storage. On the outside, the unit was covered in a fabric membrane, corrugated metal roofing with white PVC windows and a door. Internally, drywall is in place but not rendered a second fix electric and plumbing works have not been installed.
Following an examination of the application details and all other documentation on file, the substantive issues which were considered in this appeal were; principle of the development, design and layout including overlooking and visual impact and property devaluation.
Local residents Neil Lennon and Teresita Lennon as well as Kate Walsh made submissions on behalf of the Hazelwood Residents Committee and outlined the following issues; overlooking, quality and finish of the structure which is not in keeping with the local character, structure was erected without planning permission, structural integrity of the pitched roof due to gusting winds affecting the hillside and their concern of setting a precedent which may impact property values.
No objections were made in the Roads Inspection Report subject to a standard condition regarding surface water management. Similarly, there were no objections from the Fire Department subject to standard condition regarding adherence to fire safety standard and building regulations.
In order to comply with the Wexford County Development Plan 2022-2028, the independent family unit cannot be sold, let or otherwise conveyed as an independent living unit and shall revert to use as part of the main house when it stops being used and the garden and curtilage of the overall property shall not be subdivided.
In compliance with the conditions, the scale and nature of the development is acceptable as the development would comply with local design guidance and would not seriously injure the visual or residential amenity of the area. As a result, the development is in accordance with the proper planning and sustainable development of the area.
The planners report recommendation to grant permission is in keeping with the notification of decision which has been issued. The report accepted the medical justification provided and also noted the proposed linking structure which it states addresses a previous refusal to retain the unit. It also notes the submissions received from local residents but considers that the scale and nature of the building would not give rise to overshadowing or overlooking.