Planning issues - post them here MOD WARNING post #1

tenoldpence

Following on from wonky79's question, is there a rule of thumb (or a rule of law) regarding whether a wall is or is not a party wall? Or is it just a matter of consulting the deeds?

Poor Uncle Tom

Charter here doesn't allow for a law based discussion.

Your deeds represent what you own. Most of the time the boundaries are represented on the ground in some form, fence, wall, change of finish, etc., where this is not the case it is generally down to the interpretation of a nominated engineer(s) in agreement with parties who have an interest in the common boundary.

tenoldpence

Poor Uncle Tom wrote: »

Charter here doesn't allow for a law based discussion.

Your deeds represent what you own. Most of the time the boundaries are represented on the ground in some form, fence, wall, change of finish, etc., where this is not the case it is generally down to the interpretation of a nominated engineer(s) in agreement with parties who have an interest in the common boundary.

Thanks. We have a stone wall separating our property from our neighbours. The wall was built well over 150 years ago, long before our house, to separate a field when a commercial premises was being built on one side of it. Our house is now on the other side. I'm presuming from what you're saying that the deeds wouldn't show ownership of this wall. The question then is whether it would naturally be treated as a party wall or not. I'm still not clear about this

sofia11

muffler wrote: »

Are you sure about this? Is this confirmed in writing?

You will be invited to make fresh submissions so its probably better that you engage someone in that area who is familiar with the planning system and can help you accordingly.

Yes muffler we have a copy of the letter stating the ridge height stays the same and the OP has not been asked to change the orientation so accordingly it will stay the same. Thank you for the input and yes we will engage professional advice about this as it has a way to go yet.

Poor Uncle Tom

tenoldpence wrote: »

Thanks. We have a stone wall separating our property from our neighbours. The wall was built well over 150 years ago, long before our house, to separate a field when a commercial premises was being built on one side of it. Our house is now on the other side. I'm presuming from what you're saying that the deeds wouldn't show ownership of this wall. The question then is whether it would naturally be treated as a party wall or not. I'm still not clear about this

A party wall (or a wall parting two properties) is just that, a shared or common boundry. If your deeds show this boundry as being the devide of the properties and does not specifically mention ownership of the wall as belonging to either party then it would most likely be in joint ownership. Also please take legal advice on this.

tenoldpence

Poor Uncle Tom wrote: »

A party wall (or a wall parting two properties) is just that, a shared or common boundry. If your deeds show this boundry as being the devide of the properties and does not specifically mention ownership of the wall as belonging to either party then it would most likely be in joint ownership. Also please take legal advice on this.

Thanks. Will do on the legal advice.

wonky79

thanks guys for the info. appreciate it

tenoldpence

Is there a definition somewhere of what it means to "materially contravene" a development plan? Does something that goes against a policy or objective materially contravene it? Can a LAP be materially contravened? Thanks.

zelemon

Hi all,

I have recently submitted a planning app for a home on the family farm, its zoned residetnail but i have now been asked to submit future development proposals for the site, my siblings plan to build there but i am not sure when this will happen if at all.
I am not sure what exactly they want to know & why the planners are asking for this please help!!

DM

Poor Uncle Tom

Talk to your agent and then the planner. Once the planner is reassured that all the zoned roadside lands will not be sold off in one off housing I'm sure all will be well. I'm also sure the planners are looking out for the provision of services for the zoned lands and that your development will fit into any overall development proposals.

No6

Has anybody noticed or is it just me a very large increase in the ammount of Further information, further further and totally very very far away information being sought by planners with a view to keeping any live applications on their books for as long as possible!!!:eek:

smashey

No6 wrote: »

Has anybody noticed or is it just me a very large increase in the ammount of Further information, further further and totally very very far away information being sought by planners with a view to keeping any live applications on their books for as long as possible!!!:eek:

Yup.

FINC.

Poor Uncle Tom

No6 wrote: »

Has anybody noticed or is it just me a very large increase in the ammount of Further information, further further and totally very very far away information being sought by planners with a view to keeping any live applications on their books for as long as possible!!!:eek:

Cynic.:D

That would mean the planners are trying to stretch out work in order to make their job look very busy..!

They'd never do that.!

No6

They most certainly are around here its ridiculous and very difficult to explain to clients, IMO they do not want to make a decision the only ones I am getting through no problems are retention applications everything else they are draging our for as long as possible

sofia11

We are looking for advice as to how to find a recommended architect/planning consultant in county cork to help with planning objections. Any recommendations ?

c.a.r.l

Hi Guys,
Quick question! Do I need planning for a roof window? Its not a velux its just for light purposes over an open plan stairs and landing! It is not intrusive infact there is no house near me for 1/4 of a mile.
Starting the build in 3 weeks.

Cheers in advance.
Carl

muffler

c.a.r.l wrote: »

Hi Guys,
Quick question! Do I need planning for a roof window? Its not a velux its just for light purposes over an open plan stairs and landing! It is not intrusive infact there is no house near me for 1/4 of a mile.
Starting the build in 3 weeks.

Cheers in advance.
Carl

If its to the front of the house you will need permission regardless of what type of roof window/light it is.

muffler

The Engineer wrote: »

Sections and specifications may or may not be required at planning stage, but come construction stage they'll be vital. It would probably be a good idea to get them done now, just to highlight any potential constructibility issues with your extension.

Please dont drag up and reply to posts that are 2 years old.

Cheers.

c.a.r.l

its to the back of the house. Are you saying I dont need planning for windows in the back roof at all?

Cheers in advance

muffler

c.a.r.l wrote: »

its to the back of the house. Are you saying I dont need planning for windows in the back roof at all?

Cheers in advance

I wouldnt just put it as strongly as that. Just to explain that this is one of the little grey areas in the Planning & Development Acts insofar as there is no direct reference to it. However most, and I emphasis MOST, Planning Authorities and also An Bord Pleanala accept that the inclusion of 3 velux rooflights to the rear of the roof is deemed to be exempt development.

Now if you were to include these at construction stage (assuming they weren't shown on the approved plans) then technically you are altering the external appearance of the house and it could be concluded that you are not in compliance with the permission granted to you. It would however be a first I think for a PA to pull you on that and it would be even more rare for your supervisor to refuse to sign off on it.

In conclusion 3 velux rooflights to the rear of the roof should be fine.

Edit: I should have said that I have read here in this forum that there was a case somewhere in the country where the local PA concluded that you needed permission for rooflights to the rear. So the best thing to do is ring or call into your local planning office and ask just to be 100% sure on it.

nlbyrne

hi Guys,
We got planning recently within Co.Kildare. HAving drawn up the plans over 2-3 years i'm horrified to think we've gotton something wrong but we have. It's only minor but we have also decided we would rather a "glass wall" thing to the rear of the house,(it's not overlooked at all) instead of the regular masonry wall we've put on the plans. Are changes allowed????

Poor Uncle Tom

Exemptions to the Planning and Development Regulations only come into effect once the original planning permission is completed. So it you have not got your building constructed you can not add your interpretations of exemptions to it and build it all together.

What I do in cases like yours is change a set of the drawings to reflect what you would like and I send them into the LA explaining the changes and why they are included and ask the planner if the alterations are conidered material to the planning permission as issued.

Generally, if the planning file has no observations or submissions from third parties and the front elevation is not changing and your reasons for the changes are accepted, then you could get a letter covering the changes without the need for a new application.

Poor Uncle Tom

c.a.r.l wrote: »

Hi Guys,
Quick question! Do I need planning for a roof window? Its not a velux its just for light purposes over an open plan stairs and landing! It is not intrusive infact there is no house near me for 1/4 of a mile.
Starting the build in 3 weeks.

Cheers in advance.
Carl

Is it a dormer type window, as opposed to a glazed section to the roof. If so are there other dormers on the rear roof surface?

dap75au

Hi there, I am applying for an extension to a house. Someone said to me that proposed drawings for domestic extensions must be at 1:50 for planning. Is that true, as I couldn't find anything saying that on the County council website
(Wicklow County Council)
Cheers
d

Poor Uncle Tom

The check list states elevations, plans and sections at a scale of 1:200..;)http://www.wicklow.ie/Apps/WicklowBeta/Planning/Forms/CHECK%20LIST.doc

dap75au

Cheers Tom, I have that checklist, I think I will submit the drawings at 1:100 as I had set up the drawing sheets that way. Don't know where my friend was getting that info from.
d

CAT32

I am applying for pp on a site in rural donegal. On the house plans to be submitted, the architect is leaving out some stone work to the front of the house. I feel that without this stone work the house looks plain, but the arch wants to go ahead on this basis.

Can I go ahead with the little bit of stonework at a later date, assuming I get pp for the house?

muffler

CAT32 wrote: »

I am applying for pp on a site in rural donegal. On the house plans to be submitted, the architect is leaving out some stone work to the front of the house. I feel that without this stone work the house looks plain, but the arch wants to go ahead on this basis.

Can I go ahead with the little bit of stonework at a later date, assuming I get pp for the house?

In a word no. However if you submit a "minor amendment" later (before you commence the work) it will most likely be approved in writing by the council. Your architect will explain how this works.

Steve31

Hi

Looking for some info about building without planning permission

I belive its 40sq feet ... Does that mean I got to do 20 x 20
or can I mix it up so I have a longer extention..

Say someting like 24 x 16.. or 25 x 15..

is that how it works or am I talking crap..

Im a newbie to this building game

So be nice.. ha

thanks
steve

muffler

Steve31 wrote: »

Hi

Looking for some info about building without planning permission

I belive its 40sq feet ... Does that mean I got to do 20 x 20
or can I mix it up so I have a longer extention..

Say someting like 24 x 16.. or 25 x 15..

is that how it works or am I talking crap..

Im a newbie to this building game

So be nice.. ha

thanks
steve

40 sq. metes or about 430 sq. feet.

Any combination of width by length is how to work out the area but be careful as there are certain restrictions. This will give you a good idea