Planning issues - post them here MOD WARNING post #1

muffler

smeedyova wrote: »

Hi, I just got a call in response to my detailed letter to the planning office. I was told that I was wrong in believing that a neighbour cannot dig down further than 3 feet at a boundary. Am I wrong? My neighbour has gone down 10 feet. She told me that she would not respond to me in writing to stand over any of her statements and told me to get a solicitor. My opinion is that I've been paying taxes long enough to keep these people in jobs and it is their job to enforce the law and not mine. I'd be grateful for any help... Many thanks for your time. Why do we have planning laws if, when people violate them, we are told to pursue the matter ourselves?

Not good enough. Put another letter in requesting a reply in writing. CC a copy of the letter to the County Manager and put a note along with it advising him that his staff are failing to investigate your complaint. That'll shift them.

You could also report the matter on an official complaint form similar to this which should be available at your local planning office or download it off the net.

picorette

Building a single storey rear extension that is 25 sq.m. and satisfies all requirements for exempted development.

If the next door neighbours object, is there anything that they can do to halt / prevent construction proceeding once the builders have started?

sydthebeat

picorette wrote: »

Building a single storey rear extension that is 25 sq.m. and satisfies all requirements for exempted development.

If the next door neighbours object, is there anything that they can do to halt / prevent construction proceeding once the builders have started?

once you have satisfied ALL requirements for exemption, then no, they cannot halt / prevent construction....

if they object you may find yourself visited by the planning enforcement officer....
as long as you have drawings of the proposal to show exemption then you will be fine....
check all requirements for exemption here:
http://www.environ.ie/en/Legislation/DevelopmentandHousing/Planning/FileDownLoad,8797,en.pdf

from page 154-156... all of class 1...

picorette

Thanks. That's the Local Authority satisfied.
What if they took out an injunction through the Courts to stop the building proceeding?

sydthebeat

picorette wrote: »

Thanks. That's the Local Authority satisfied.
What if they took out an injunction through the Courts to stop the building proceeding?

thats a legal matter, one i wouldnt be too sure of but in my opinion...

if the council deemed the work exempt then there would be no course for a court to grant an injunction....

muffler

picorette wrote: »

Thanks. That's the Local Authority satisfied.
What if they took out an injunction through the Courts to stop the building proceeding?

Dont go there - as in asking for advice here. We dont do the legal stuff.

See a solicitor if you still have concerns.

picorette

I will, thanks.
Just wanted to confirm if it was possible to take out an injunction.
I understand it would be a pretty expensive course of action (€2-3,000) anyway.

john bonn

Sorry, changing the subject here. Just looking for advice / opinion on the below.

I currently use the book 'The Architects Guide to Running a Job' as a handy reference guide when working on Architectural Projects.

I have come across on the RIBA website / bookshop the following books:
Architects Plan of Work & Architects Job Book.

Does anybody use these books and find them useful?

wpi

Waterford county planners are making their own rules now and ignoring everyone including the DOE legislation.
Here are a few proven examples;
You can have an entrance now to your site with no sightlines whatsoever.
You can get retention for an extra floor in your house, without having it shown on the drawings or even mentioning it.
You are called vexatious if you complain about a neighbours perculation that is seeping into your land.
They impose conditions that knowingly cannot be complied with.
They will ignore information brought to their attention regarding misleading and falsified drawings, and carry on regardless with the application, instead of making the applicant apply again, like all other councils.

Is there anybody out there that has had planning turned down because of poor sightlines or any of these issues. This can`t be the only case in Waterford.

sydthebeat

wpi,

that post reads very much like a rant..... we have a specific forum for that:

http://www.boards.ie/vbulletin/forumdisplay.php?forumid=1193

so please ask a specific question that relates to a planning matter....
i am going to move it to the stickied planning thread anyway, as thats where planning questions go...

i assume you are talking about a specific planning file.... did you object, and if so, did you appeal to an bord pleanala if you feel teh council were incorrect in their determination??...

wpi

It may sound like a rant, but it is a factual statement.
I did go through the proper channels and it is now at the stage where the coco are not enforcing their own conditions. My question is how do you make the coco enforce conditions.

smashey

wpi,

You were infracted previously for allegations against a certain planning authority and I sent you a strongly worded PM at the time.

Now, if you have a problem with this authority, take it up with them, not us. And if you don't get any satisfaction there, go to the Ombudsman.

john bonn

Just looking for advice,

There was an old structure on my land adjacent to the road and in the middle of nowhere. Once upon a time it would have been a dwelling and in more recent times a cow shed before falling into a dilapidation.

I recently began work on the structure to make good so as to use it for a shed - however now I have been hit with an enforcement notice and threat of legal action by the Council.

What should I do? It was never my intention to end up in this situation. Should I apply for permission retain and complete the works?

picorette

Can you tell us what the works were?

wpi

Ask the planners , what exactly are you doing wrong. has someone complained about you.

sydthebeat

john bonn wrote: »

Just looking for advice,

There was an old structure on my land adjacent to the road and in the middle of nowhere. Once upon a time it would have been a dwelling and in more recent times a cow shed before falling into a dilapidation.

I recently began work on the structure to make good so as to use it for a shed - however now I have been hit with an enforcement notice and threat of legal action by the Council.

What should I do? It was never my intention to end up in this situation. Should I apply for permission retain and complete the works?

1. is it a protected structure?
2. what new works are you doing? extending? changing the elevations in any way?

If a building has not been used for 7 years it looses its permission for use. Therefore if the building hasnt been used as a shed for over 7 years you are then required to get permission for use as an agricultural shed. Technical, harsh, bureaucratic... yes..... but thats the way it is....

muffler

wpi wrote: »

Ask the planners , what exactly are you doing wrong. has someone complained about you.

No more.

Infraction given.

john bonn

The works consisted of some of the stone walls coming down and been replaced with blockwork - however the blockwork was been faced in local stone when I was told stop by the council. Also the roof which were iron sheets came down and were to be replaced. Basically I think like for like.

I would be grateful for advice

sydthebeat

john bonn wrote: »

The works consisted of some of the stone walls coming down and been replaced with blockwork - however the blockwork was been faced in local stone when I was told stop by the council. Also the roof which were iron sheets came down and were to be replaced. Basically I think like for like.

I would be grateful for advice

perhaps it looks to the council that you are rebuilding the structure 'as a dwelling'....

contact the enforcement planner and ask them directly what the issue is... they should give you a direction to go in...

Kingser1

I have a 2 bed apartment that is right beside the train tracks so it is very noisy. I have quite a large balcony that has a steel railing about 1.5m high seperating myself with the other balcony.

Can I put a glass/plexiglass/sound proofing material in between us. It should keep sound out from the train and the dirt also.

Its going to be see through so it won't block my neighbours views.

Do I need planning permission for this? if I put it up is there any way they could force me to take it down?

I'd apprecaite any feedback

manchild

Do you need planning permission for a window to the side of you house ?

manchild

I wish to install a window at ground level to the side of my house. Do i require planning permission for this. It will overlook no one and is 4 meters from boundry wall.

Jimbo

manchild wrote: »

I wish to install a window at ground level to the side of my house. Do i require planning permission for this. It will overlook no one and is 4 meters from boundry wall.

Yes

Punk Rocker

Kingser1 wrote: »

I have a 2 bed apartment that is right beside the train tracks so it is very noisy. I have quite a large balcony that has a steel railing about 1.5m high seperating myself with the other balcony.

Can I put a glass/plexiglass/sound proofing material in between us. It should keep sound out from the train and the dirt also.

Its going to be see through so it won't block my neighbours views.

Do I need planning permission for this? if I put it up is there any way they could force me to take it down?

I'd apprecaite any feedback

Does anybody know anything about doing any addiitions to balconies? It will be very discreet but just want to know if they would ask me to take it down

muffler

For anyone wishing to view or comment on recent posts about Section 5 then please see here

That whole issue was going to wreck this thread so they have now been moved.

The_Bullman

I'm about to submit my planning application to Louth Co Co.

I have mentioned to my agent that i'd like to build an icf(or similar) house. He however has drawn up the plans with a traditional block build. If these plans are submitted, do I have to follow the build type on the plans(cavity block) or am i free to pick a different method(icf or timberframe or whatever)

Thanks for your time

muffler

The_Bullman wrote: »

I'm about to submit my planning application to Louth Co Co.

I have mentioned to my agent that i'd like to build an icf(or similar) house. He however has drawn up the plans with a traditional block build. If these plans are submitted, do I have to follow the build type on the plans(cavity block) or am i free to pick a different method(icf or timberframe or whatever)

Thanks for your time

The construction method will not have any impact on your planning permission other than whatever conditions the council will apply in relation the external wall fishes and colour. Most cases are conditions re colour of walls and roof.

superhooper

Removal of dry stone wall at public road/garden boundary and replacement with 1.2m plastered wall.Is planning needed.Tks

wpi

Planning would be required because planners dont like people removing dry stone walls. You may get away exempted development on a section 5. All Coco`s are different , there is no consistancy.

muffler

superhooper wrote: »

Removal of dry stone wall at public road/garden boundary and replacement with 1.2m plastered wall.Is planning needed.Tks

Class 5 of the exemptions under the 2001 Regs says you wont need permission

2. Every wall other than a dry or natural
stone wall bounding any garden or other
space shall be capped and the face of any
wall of concrete or concrete block (other
than blocks with decorative finish) which
will be visible from any road, path or
public area, including public open space,
shall be rendered or plastered.

However you should check with your local planning office as the County development Plan may contain some restrictions in relation to the type of boundary walls.

You need to also ensure that the construction of the wall is not in breach of any condition of planning permission that you may have been granted.