Planning issues - post them here MOD WARNING post #1

mr.stonewall

just in regard to being 3m difference in floor level said that it would be be overlooking him. his house would be the same height as the proposed house. would it help with the house being 120m away

muffler

mr.stonewall wrote: »

just in regard to being 3m difference in floor level said that it would be be overlooking him. his house would be the same height as the proposed house. would it help with the house being 120m away

Get someone to check the levels involved.

Personally I dont see any problem with overlooking at a separating distance of 120 metres.

Home4Life

a chairde,

a quick one for you:
Velux windows facing into the back garden are excempt as far as I know.

How about putting one on the side (gable?) end of the roof,
which would be facing neigthbours,
though lsoping upwards, so not overlooking?

And also a few metres from their house?

Is this ok?

Thanks,
H4L

muffler

Home4Life wrote: »

a chairde,

a quick one for you:
Velux windows facing into the back garden are excempt as far as I know.

How about putting one on the side (gable?) end of the roof,
which would be facing neigthbours,
though lsoping upwards, so not overlooking?

And also a few metres from their house?

Is this ok?

Thanks,
H4L

This is one of the contentious areas of rooflights. Placing 3 to the rear is normally accepted as being exempt however to the side does kick up some divided opinion.

I have seen ABP rule in one instance that velux windows to the side of a rear extension was exempt but personally I wouldnt think you would get a sympathetic hearing should you ever wanted to sell in the future.

I would suggest that you seek a determination from your local PA.

curaldo

just a quick question that im afraid to ask the council. i have been granted planning permission in a large field that we own. the site is set back quiet a bit from the road which involves a long lane to be put in. i now want to bring the house forward to shorten the lane. it will be outside of the original site but in the same field. Do i need a totaly new planning application or can i make an ammendment or can i go ahead and build and apply for retention.

thanks in anticipation.

No6

curaldo wrote: »

just a quick question that im afraid to ask the council. i have been granted planning permission in a large field that we own. the site is set back quiet a bit from the road which involves a long lane to be put in. i now want to bring the house forward to shorten the lane. it will be outside of the original site but in the same field. Do i need a totaly new planning application or can i make an ammendment or can i go ahead and build and apply for retention.

thanks in anticipation.

God help us, its a completely new application you could before you buildanything apply for athe same house in a revised location and with a revised site boundary because if the council think you are trying to get two houses in the same field they will most likely refuse you.

Dont do anything that may require retention if you can possibly avoid it.

muffler

curaldo wrote: »

just a quick question that im afraid to ask the council. i have been granted planning permission in a large field that we own. the site is set back quiet a bit from the road which involves a long lane to be put in. i now want to bring the house forward to shorten the lane. it will be outside of the original site but in the same field. Do i need a totaly new planning application or can i make an ammendment or can i go ahead and build and apply for retention.

thanks in anticipation.

In a word - Yes! Once you move outside of the original site boundaries then you will have to reapply. Shouldnt be a major job though - more annoying at the timescale involved.

take a minute and read the charter. You're new here so I will give you a wee bit of leeway. We dont advocate or encourage the flaunting of the planning rules.

sydthebeat

No6 wrote: »

God help us, its a completely new application you could before you buildanything apply for athe same house in a revised location and with a revised site boundary because if the council think you are trying to get two houses in the same field they will most likely refuse you.

Dont do anything that may require retention if you can possibly avoid it.

i would agree with muffler.... and go a little further to say that any change at all in the location of the dwelling on site would require planning.

there may be a slight bit of leeway but thats up to your certifier...

RKQ

I agree, in simple terms a Grant of Permission can be considered a Contract between you and your Local Authority.

You agree to build a structure on lands as clearly defined in your application, the L.A. agrees to this. Any change to the Contract invalidates the terms of the Contract - a new Contracrt is required.

In your case the house and sewerage facilities will be in a completely different place.

Build the house in full compliance with your Planning Permission or make a new application.

curaldo

Thanks for all your advice. Also wasn't my intention to pull the wool over anyones eyes, just wan't to see if there was a legal way to my problem without aving to submit a new application. Anyway I think i'll be going back to the planning office. Should my precs still holdup as i have to put in a pureflow system.

Thanks again.

dogg_r_69

Hi, the sister and her husband have just had to apply for retension for their house...... Any idea how long this takes to get(provided there's no major hold ups with it)
Thanks in advance:)

smashey

dogg_r_69 wrote: »

Hi, the sister and her husband have just had to apply for retension for their house...... Any idea how long this takes to get(provided there's no major hold ups with it)
Thanks in advance:)

Retention for the whole house?
If all goes smoothly, they are looking at a minimum of three months until the final grant.

dogg_r_69

smashey wrote: »

Retention for the whole house?
If all goes smoothly, they are looking at a minimum of three months until the final grant.

not the whole house but it is higher than it should It's nearer a 2 story than a story and a half And the garage is bigger than it should be (I think) I've stayed out of the way lately Other stuff to do

muffler

dogg_r_69 wrote: »

not the whole house but it is higher than it should It's nearer a 2 story than a story and a half And the garage is bigger than it should be (I think) I've stayed out of the way lately Other stuff to do

The PA cant make a decision any quicker than 5 weeks regardless of what the application is for. In practice though the decision time will be more like 7 - 8 weeks. There is then a 4 week period to allow for appeals so all in all smashey is right when he says 3 months.

dogg_r_69

Thanks for that.... Think I'll hold off with my application till they find out so if they get it I'll be looking for a 2 story (to keep with the surrounding houses:) )

murphaph

Hello all,
I own a single storey retail unit attached to (vacant and uninhabitable) single storey dwelling house (also owned by me). To the other side of the retail unit is an access passage to the yard at rear and then the side boundary wall of the whole site. Beyond that wall are the back gardens of a row of houses. To the rear is an industrial yard (ca. 1/4 acre) with 2 industrial units (currently let to car mechanics). Location is South Dublin County. Property is set back from busy feeder road because the feeder road was realigned about 25 years ago and left my property in an 'ox-bow' situation. I have an interested party (actually quite a few, given the very busy road and almost non-existant availability of similar properties, area is almost exclusively residential) looking to rent the retail unit and he has an architect retained who is currently drawing up plans and a fire cert for a change of use application from retail to fast food. I know fast food can be 'awkward' but could anyone allude to the issues planners tend to have with this type of use?

If I've left anything out or if a plan of the area would be any use please say so. Cheers all.

Slig

Opening hours are the common bone of contention, Late night opening can lead to anti-social behaviour.

RKQ

As Slig said Opening hours in a residential area is the main problem, as is parking - extra traffic associated, also youths hanging around from 6pm making noise. Extra litter.

Envirnoment health also take a great interest in "Fast foods" outlets - customer toilet, cooking facilities, grease traps, number of sinks and work surfaces for different foods - chicken, beef, vegtables, hand-washing etc

smashey

Parking, parking and parking.

And opening hours.

murphaph

Thanks very much for the feedback so far folks. I have attached an aerial image with some annotations to show the exact situation on the ground. The extent of my ownership is shown in blue and the planning app is in red. The cars parked to the front in the image are on the 'old road' (you can clearly see the straight realigned road immediately north of here) but this is still a public highway. Parkland opposite is council property. The farm yard to the side has a dwelling house located at the furthest point from my property. What looks like a dwelling directly adjoining my empty dwelling is actually part of their barn. The architect thinks there's space for 2 vehicles directly in front of the retail unit without the vehicles protruding onto the public road but I could supply a letter stating that the wall in front of the dwelling could be demolished to provide additional parking off the public roadway.

I'm a bit puzzled about the parking requirements though, I mean, what do applicants do in urban areas with just a footpath outside your premises?! You clearly depend on on street parking so why can't I when there's plenty of available space in the 'hammerhead' which is a public roadway but a cul-de-sac with obviously no through traffic.

Wrt opening hours, the prospective tenant is happy with an early close as he's not after any pub trade, just the passing trade on the busy road especially around dinner time.

Slig

Not too sure about Dublin but round here its fairly common(following consultation) to take away the amount of parking required for the existing established development from the proposed use and if you cannot provide these extra spaces then an additional charge must be paid to the LA per space.

All this info could have been provided to you by your architect and they may know more local precidents, dont go against their reccomendations and advise for something you've read on the internet!

murphaph

No I've no intention of instructing him to apply for something he says we won't get. I'm more curious than anything else. He's actually the prospective tenant's architect of course so I'm not paying him. What are your thoughts on the lay of the land, enough clearance from the residential stuff behind and to the side?

Precedent wise, the same council refused permission for a change of use from vacant butcher shop to fast food because off street parking could not be indicated in the application but subsequently granted permission to another applicant on the same premises for the same thing after he got a letter from a neighbouring carpark owner that he had permission to use parking there.

Refused:http://www.sdublincoco.ie/index.aspx?pageid=144&ref=SD07A/0566

Granted: http://www.sdublincoco.ie/index.aspx?pageid=144&ref=SD08A/0106

I think we can satisfy the parking conditions on our own land but if we can't the implication from the refused application above is that the levels of traffic on the road and proximity to a junction prohibited on street parking from being allowed in the application whereas any potential on street parking adjacent to my site is on a road with no traffic whatsoever (save for traffic entering my premises!) and well clear of the nearest junction. I would hope this bodes well for the application for my site. Any thoughts?

mimihops

hi guys, following on from my last thread about this, i was wondering if anyone knows if theres any restrictions at all on how close a large community sewage treatment / wastewater treatment can be located to a house? the council have started building a sewage treatment plant in the field next to my tiny site and its very very close to the house itself so i am worried over the whole issue currently, especially as no-one in the council can tell me anything about it or give me any answers.

rodred

Hi,

just wondering if anyone knows about planning issues
with wanting to put in a basement??
is it harder to get planning permission ect.

also anyone have any approx cost for, submitting
planning application from technitions / acrhitects.

thanks
rob.

Tays

Its actually the EPA who set the reccomendations in relation to Treatment Plants. The Recommended Minimun Distances from Treatment Systems depends on the size of the treatment system bu the minimum is 28m. Its the EPA I would call if I had any further questions!

Quazzie

muffler wrote: »

In a word - Yes! Once you move outside of the original site boundaries then you will have to reapply.

Sorry to drag up and old post but just a quick question on this part of your post Muffler. Is it only wrong to move it if you are moving off the original site or is moving it around say 5M on the site against the original planning application too?

muffler

Quazzie2002 wrote: »

Sorry to drag up and old post but just a quick question on this part of your post Muffler. Is it only wrong to move it if you are moving off the original site or is moving it around say 5M on the site against the original planning application too?

Strictly speaking you cant move or deviate from the approved footprint at all. However a lot of the guys signing off on this would probably not loose any sleep over a couple/few metres but you do need to check with them as its their name that is being signed on the final certs.

The planning authorities would probably agree to a small change in any event.

brundle

Hi, Can anyone direct me to a template for "significant further information" advert.

pseudo-tech

brundle wrote: »

Hi, Can anyone direct me to a template for "significant further information" advert.

Check Local newspapers for samples or ring your Local Authority and agree the wording prior to re-lodging the information.

RKQ

Most Councils would have a pdf or word template on their web page. Check your L.A's site.:)