Who takes down illegal satellite dishes?

peterwilson

Hi,

I've been hoping between our management company (Cuala) and Fingal Co. Co. and neither seem to have answers.
Within our contract that we signed when we bought in our estate it was stipulated that you could not have a satellite dish on the front of your house.
Needless to say numerous have sprung up.

Fingal CoCo say they have no responsibility to take them down.
Cuala seem indifferent. They claim a meeting will go ahead soon regarding taking the dishes down. But theres no set date.

Anyone any ideas / had similar occur to them?

Thanks
P

muffler

Is it a case that there is a dish up on your front wall and you want it removed

faceman

peterwilson wrote:

I've been hoping between our management company (Cuala) and Fingal Co. Co. and neither seem to have answers.
Within our contract that we signed when we bought in our estate it was stipulated that you could not have a satellite dish on the front of your house.
Needless to say numerous have sprung up.

Fingal CoCo say they have no responsibility to take them down.
Cuala seem indifferent. They claim a meeting will go ahead soon regarding taking the dishes down. But theres no set date.

Anyone any ideas / had similar occur to them?
P

Im familiar with the mgmt company...

Unless the house owner take it down themselves then the mgmt co need to employ a solicitor to initiate legal proceedings. The court can order that the dish is taken down by the owner. If it is not removed its back to court for failing to comply with court order.

stepbar

Can anybody tell me wat the prob is with having a sat dish up? as long as it is secured and cant fall down and hit sum1 wat is the prob? I had a run in with the property management (in my apt block) a while back when I put up one on my balcony. I was asked to take it down and did so because i didnt want any fuss.

FillSpectre

stepbar wrote:

Can anybody tell me wat the prob is with having a sat dish up?

They are really ugly and require planning permission in most cases. When you apply for planning you won't get it. It is mostly to do with the apperance of the exterior of the building.

peterwilson

faceman wrote:

Im familiar with the mgmt company...

Unless the house owner take it down themselves then the mgmt co need to employ a solicitor to initiate legal proceedings. The court can order that the dish is taken down by the owner. If it is not removed its back to court for failing to comply with court order.

Thanks faceman
Much appreciated.
The dishes went up last December.
As Cuala are obviously doing nothing about it (they stated that it was up to Fingal CoCo to take them down when clearly thats not the case) would I have a leg to stand on the say 'If you dont get a solicitor to initiate legal proceedings then I will be forced to initiate legal proceedings against you for not supplying the service that we subscribe to'?

Thanks
Peter

Sponge Bob

its the management company, you are on the right track there PW and remind them that they are " wilfully refusing to enforce the conditions of purchase which were in force when they took over the management of the complex " by not taking action.

FillSpectre

I would have thought it was a little less complicated. In normal planning if you break council rules they enforce the regulation. The first step is a letter to tell you what you are doing wrong and to rectify it.

I would guess that either the letter goes to the management company or to the owner.

The person who does the deed is the owner and if not the coucil do it and then charge the owner.

I don't see how a mangement company are involved except for the internal rules. Why do people seem to think the manegment company should do stuff?

faceman

FillSpectre wrote:

I don't see how a mangement company are involved except for the internal rules. Why do people seem to think the manegment company should do stuff?

The management company are responsible for maintaining the complex and enforcing house rules. When buying a house you sign a lease/contract agreeing to certain terms, in this case, not putting up a satelite dish.

If i for example put up a satelite dish, that doesnt mean i am in breach of contract with the neighbours so sending me a letter in that instance isnt worth toss all.

On a side note i do find the whole satelite dish a whole odd ball. Without a satelite dish, u are forced to take ur tv service with one provider, NTL. Makes u wonder...

Victor

FillSpectre wrote:

I don't see how a mangement company are involved except for the internal rules. Why do people seem to think the manegment company should do stuff?

Ultimately, the mangement company owns the wall.

faceman wrote:

On a side note i do find the whole satelite dish a whole odd ball. Without a satelite dish, u are forced to take ur tv service with one provider, NTL. Makes u wonder...

The building / estate could get a communal satelite dish and use a signal booster to distribute it through the building's cable system.

In "olden" times, apartment buildings had communal TV aeriels.

FillSpectre

Victor wrote:

Ultimately, the mangement company owns the wall.

Then the enforcement is the councils responsibility for illegal dishes and the management company for the civil aspect of the agreement?

Aren't sky dishes legal as they are under the size?

Sponge Bob

FillSpectre wrote:

Then the enforcement is the councils responsibility for illegal dishes and the management company for the civil aspect of the agreement?

Its the management company
Its the management company
Its the management company
Its the management company
Its the management company
Its the management company
Its the management company
Its the management company
Its the management company
Its the management company
Its the management company

Aren't sky dishes legal as they are under the size?

under the skies you mean

FillSpectre

Sponge Bob wrote:

Its the management company

The managemnet company do not enforce the law so as the question is who removes illegal dishes it would be the council. The management company would be only responsible for a breach of their rules which just means a civil case.

http://www.oasis.gov.ie/housing/planning_permission/planning_perm_altering_a_house.html

Sky dishes appear to be less than 1 metre so if you are no at the front of the block they aren't illegal.

jhegarty

FillSpectre wrote:

and require planning permission in most cases.

thats just not true... only over 1m need planning permisson (that far bigger than a sky dish)

FillSpectre

jhegarty wrote:

thats just not true... only over 1m need planning permisson (that far bigger than a sky dish)

Read the link I provided if they are on the front of a building they need planning even though smaller than 1 metre. Where did you get that quote I don't see where I said it on this thread?

jhegarty

FillSpectre wrote:

Read the link I provided if they are on the front of a building they need planning even though smaller than 1 metre. Where did you get that quote I don't see where I said it on this thread?

post #5

muffler

Your answer is here lads - page 5

peterwilson

Thanks Muffler.

So from that can we take it it's up to the relevant County Council to enforce it?
If a satellite dish isn't taken down by a resident what does the County Council do then?
Cheers
P

EDQ9 Can I erect a TV aerial or and/or satellite dish on my house without planning permission?
EDA9 You can erect a TV aerial on the roof provided, it is not more than 6 metres above the roof of the house.
You can erect one satellite dish on or within the curtilage of a house, but it must not be on the front wall of the house or forward of the house, nor should it be on the front roof slope of the house or higher than the highest part of the roof the house. The height of any satellite dish should not exceed 1 metre.
In this case, the word "house" does not include a building designed for use or used as 2 or more dwellings, or a flat or apartment.
Source: Article 5(1) and Schedule 2 (Part 1) Class 4 of the Planning & Development Regulations 2001.
Remember: Check the Important Pre-Conditions to make sure that none of them apply.

muffler

peterwilson wrote:

So from that can we take it it's up to the relevant County Council to enforce it?
If a satellite dish isn't taken down by a resident what does the County Council do then?

Unless an unauthorised development is likely to cause a serious enviroment or road safety issue or the likes the Co. Councils will normally turn a blind eye to these matters. In this particular case of a sat dish on the front wall of a building the Council will probably ignore it UNLESS it is brought to their attention.

In those circumstances the Council will establish ownership of the building and issue a warning notice to the owner. Things will progress (enforcement orders etc) to a point where either the owner removes the dish or the Council will take him to court and get an order which directs the owner to remove it. If he still fails to do so then he will be in contempt of court.

i should point out that the owner will always have the right to apply for retention permission but it would be unlikely that this would be granted by any local authority.

Its as simple as that really.

dubgirl

hi peter - have been following this post but I'm afraid to say have nothing useful to add, however would really be interested in finding out what the problem with the dishes are for you to go to so much trouble?

TheBigLebowski

dubgirl wrote:

hi peter - have been following this post but I'm afraid to say have nothing useful to add, however would really be interested in finding out what the problem with the dishes are for you to go to so much trouble?

Satellite dishes are awful looking stuck on to the front of a house. There is a reason why there are planning laws regarding sticking ugly things on the front of your house.

ambro25

"They" should sell those dish "covers" that you can find in the UK. They clip on the street-facing side of the dish, have same color (or even a printed pattern, e.g. bricks - or tiles if on/near roof) as what's behind it.

Can't remember name but I bought one years ago for a std Sky Digital dish (mini-oval one), as dish was contrary to deeds but 'covered' dish was deemed acceptable. You couldn't see the thing from 10-15 meters away!

peterwilson

dubgirl wrote:

hi peter - have been following this post but I'm afraid to say have nothing useful to add, however would really be interested in finding out what the problem with the dishes are for you to go to so much trouble?

Yeah like others have said -

* Ugly as sin.
* Against the contract that all owners signed when they moved in. If that contract is not ahdered to then why should anything else in the contract (curfew, laundry outside etc) be adhered to?

p