Planning issues - post them here MOD WARNING post #1

superhooper

muffler wrote: »

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

Thanks for advice. Its actually a neighbour who is knocking the wall. The house being there since the 60's /70's. The wall was very old but in need of repair. I thought it added a bit of character to the place.Ah well!!:(

picorette

On exempted development under Planning & Develoment Regulations 2001, how does a Planning Authority decide the line of the rear of a house, in particular where the rear is not a straight line in plan ?

Two specific examples.
A Victorian house with a single storey rear return. Is the rear the back of the double storey part? Or is it the back of the return, therefore meaning any extension in front of this, would be defined as to the side of the house?

For a modern A pitched roof rectangular plan house, with a small additional single storey rectangular block to the side as per attached pdf. Which is correct, option A or option B?

Thanks

sydthebeat

as long as the extension does not appear to either side of the dwelling, then its considered to be 'to the rear'....

picorette

I have been told by a local authority that the back of an additional rectangular block to the side of the house, is not the rear, and therefore a proposed extension will require full planning permission.

Is there anyway around this? Would you know the best way to approach this? Is there any case law? Specific examples?

sydthebeat

picorette wrote: »

I have been told by a local authority that the back of an additional rectangular block to the side of the house, is not the rear, and therefore a proposed extension will require full planning permission.

Is there anyway around this? Would you know the best way to approach this? Is there any case law? Specific examples?

i would only have the same opinion if the additional block was an extension added after 1964...

in your sketch, any extension behind both black lines should be considered exempt... as long as it is all the original dwelling

however, if the side 'block' is single storey.. then a two storey extension cannot appear behind it, and still be considered exempt... is that what you are getting at??

if you are wary then simply apply for a section 5 declaration, you should have it in 4 weeks
http://www.dlrcoco.ie/planning/Forms/English/Section_5.pdf

picorette

My enquiry is as a result of being told on a Section 5 application that case A applies for a single storey extension. I am wondering how I can convince the Planning Officer that Case B should apply?

sydthebeat

picorette wrote: »

My enquiry is as a result of being told on a Section 5 application that case A applies for a single storey extension. I am wondering how I can convince the Planning Officer that Case B should apply?

i think you can get the planner to refer the query to an bord pleanala....

http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0005.html

muffler

picorette wrote: »

For a modern A pitched roof rectangular plan house, with a small additional single storey rectangular block to the side as per attached pdf. Which is correct, option A or option B?

Thanks

Option A would be the rear building line.

Any side extension/annex would be considered as being located forward of the rear building line or behind the front building line but never taken as forming part of either the rear or forward building lines.

muffler

sydthebeat wrote: »

as long as the extension does not appear to either side of the dwelling, then its considered to be 'to the rear'....

I actually queried this here with the local PA as we were proposing a bedroom and bathroom to the rear of the house but the bathroom itself, while located to the rear of the house would project out past the line of the side wall. I was duly informed it was exempt as it did not come forward off the rear building line.

sydthebeat

muffler wrote: »

I actually queried this here with the local PA as we were proposing a bedroom and bathroom to the rear of the house but the bathroom itself, while located to the rear of the house would project out past the line of the side wall. I was duly informed it was exempt as it did not come forward off the rear building line.

the way our LA here views this is basically " if it can be seen from the front of the dwelling, its not exempt"...

they would view both A and b as being exempt as long as the side annex isnt a previous extension.

who said this was an exact science

picorette

I always understood that it was about not impacting on the front elevation, and hence as long as it did not appear to the side, it was exempt. Wicklow CC do not agree.

Does anybody have any precedents, with other local authorities, or with Wicklow?

picorette

Looks like will have to apply for Planning Permission for the small hatched area, less than 2 square metres.

M007

I am thinking of converting the gargage of my house and then building a new gargage seperate from the house in the garden ( live out in the country side so i have a bit of space around the house) - my question is do i need planning permission as this gargage is a new building with no physcial connection with my existing house - your advise appreciated - thanks

sydthebeat

picorette wrote: »

Looks like will have to apply for Planning Permission for the small hatched area, less than 2 square metres.

is it worth doing.. .ie roofing issues et al...

muffler

M007 wrote: »

I am thinking of converting the gargage of my house and then building a new gargage seperate from the house in the garden ( live out in the country side so i have a bit of space around the house) - my question is do i need planning permission as this gargage is a new building with no physcial connection with my existing house - your advise appreciated - thanks

This is the type of question that can get a different response from the various PA's around the country.

You can covert the garage attached to the house providing it doesnt have a floor area in excess of 40 sq. metres. You can build a detached garage up to 25 sq.metres in height and up to 4 metres high (tile or slate roof) without planning permission. There are some conditions attached to this so you should read this short leaflet or the full details can be found here - pages 154 - 157

Poor Uncle Tom

M007 wrote: »

I am thinking of converting the gargage of my house and then building a new gargage seperate from the house in the garden ( live out in the country side so i have a bit of space around the house) - my question is do i need planning permission as this gargage is a new building with no physcial connection with my existing house - your advise appreciated - thanks

Imo, if you have the existing garage converted to habitable accommodation and that was exempted development, then you no longer have a garage and you qualify to construct a garage in accordance with the provisions set out in the exempted developments (SI no. 600 of 2001).
http://www.irishstatutebook.ie/2001/en/si/0600.html

Schedule 2, class 1

M007

thanks Poor Uncle Tom and muffler for replies

I have a bit of reading to do - but from a quick review - the conversion of the gargage should be exempt if i stick to the conditions under Schedule 2 Part 1 Class1 while the new stand alone gargage will be exempt if i stick to the conditions under Schedule 2 part 1 Class 3 - thanks

quickedge

Hi all, just a quick question.

I'm living in a semi-detached house and the guy next door to me is a mechanic. He works 9-5 in a garage but in the evenings and at the weekends he does nixers. At the minute he has 6(yes 6!) cars in his driveway that he is working on either short or long term. This is beginning to get on my nerves because (1)The noise of him working on these cars.I cant even sit out my back garden in the evening because he has a big garage out the back that he does be grinding and hammering in. (2) He is always parking outside my house and so I have to move my wives car around in the morning when I'm going to work. (3) He leaves all sorts of parts lying around in the garden and there are a lot of kids playing on the road.The other day my son came in with a large spring which he got from the garden.
I'm just wondering if there is anything I can to stop this from continuing ie reporting him to somebody? He is not very approachable and has managed to fall out with most of the neighbours over the years so talking to him is not an option.
Thanks

edit: moved to planning thread..
syd

sydthebeat

quickedge wrote: »

Hi all, just a quick question.

I'm living in a semi-detached house and the guy next door to me is a mechanic. He works 9-5 in a garage but in the evenings and at the weekends he does nixers. At the minute he has 6(yes 6!) cars in his driveway that he is working on either short or long term. This is beginning to get on my nerves because (1)The noise of him working on these cars.I cant even sit out my back garden in the evening because he has a big garage out the back that he does be grinding and hammering in. (2) He is always parking outside my house and so I have to move my wives car around in the morning when I'm going to work. (3) He leaves all sorts of parts lying around in the garden and there are a lot of kids playing on the road.The other day my son came in with a large spring which he got from the garden.
I'm just wondering if there is anything I can to stop this from continuing ie reporting him to somebody? He is not very approachable and has managed to fall out with most of the neighbours over the years so talking to him is not an option.
Thanks

edit: moved to planning thread..
syd

any commercial activity requires planning.
Inform the enforcement section of your local council.
sometime i might advise going to the guy and asking him to keep teh noise down / clean up etc... but this guy sound unapproachable.

his course of action will be to apply for planning permission, which you can make submissions on, and depending on the outcome of the application (probably refused) it may go the an bord pleanala..... teh bord could take 6-12 months in making its decisions.....
so in total you could be looking at a 2 year period while this is being sorted out. He will be duty bound not to carry out this activity whil ethe application is live, but you can probably bet on him continuing... therefore its up to the councils enforcement to keep him from carrying out this activity while an application is live...

you can be very sure he will be refused permission for this kind of activity on a private residential development, and rightly too. thi skind of activity is a fire risk, pollution risk.. .it requires proper design and facilities, which you definitely do not have on an estate...

Tester46

Depending on how much of a problem this is for you, you might be able to seek a planning injunction yourself. However, that is a very detailed and potentially costly option and you should discuss it thoroughly with a solicitor first.

Even better, try to get your council's enforcement section moving on it and maybe raise it with some local councillors. If you (and maybe some other neighbours?) can get the council to seek an injunction, that is cheaper and more anonymous for you in the sense that it won't be your name on the court proceedings, even though he may find out you made a complaint.

10-10-20

Howdy lads and ladies.

This is a combined planning/general query, see what you think!

I have a 2-story detached house and some of the ground-floor rooms don't have second stories over them (I'm sure there is a better word to describe them), but one of them has quite a bit of 'attic space' above it.
I've already broken into the space from the ceiling to fix some lighting/wiring problems (damn downlighters).
We've now decided that we are short of space in the house, so would like to use that area, accessing it from one of the upstairs bedrooms.

My question is this... As I would not have to do any 'construction', only have to break a 50x75cm hole in the wall and then install some attic flooring, do I need planning permission to complete this job?

Secondly, does a lintel need to be retrofitted for all openings such as this?
Thirdly, is this DIYable or am I being a little naive...?

Have 2lb lump hammer - will thump holes...

sydthebeat

10-10-20 wrote: »

Howdy lads and ladies.

This is a combined planning/general query, see what you think!

I have a 2-story detached house and some of the ground-floor rooms don't have second stories over them (I'm sure there is a better word to describe them), but one of them has quite a bit of 'attic space' above it.
I've already broken into the space from the ceiling to fix some lighting/wiring problems (damn downlighters).
We've now decided that we are short of space in the house, so would like to use that area, accessing it from one of the upstairs bedrooms.

My question is this... As I would not have to do any 'construction', only have to break a 50x75cm hole in the wall and then install some attic flooring, do I need planning permission to complete this job?

Secondly, does a lintel need to be retrofitted for all openings such as this?
Thirdly, is this DIYable or am I being a little naive...?

Have 2lb lump hammer - will thump holes...

practical factors:
1. the ceiling joists may not be strong enough for the proposed use. Ceiling joists are usually in the region of 100-125mm.. where as floor joists should be 225mm
2. the area should be insulated to current standards

10-10-20

Thanks for the pointer, but the house seems to have been over-spec'd in terms of joists!
They are all 225mm!

sydthebeat

10-10-20 wrote: »

Thanks for the pointer, but the house seems to have been over-spec'd in terms of joists!
They are all 225mm!

happy days...

what exactly would you use the area for?? extra storage off the bedroom??

10-10-20

General attic storage. Boxes and boxes of boxes...

sydthebeat

10-10-20 wrote: »

General attic storage. Boxes and boxes of boxes...

then i would fire ahead....

youve two options.... you can stop the heat loss at the entry point to this space by installing a good quality door with draugh stripping all around....

or put a standard door in and insulate the sloped roof part o fteh storage space...

i think the first option is the easiest....

10-10-20

It's already insulated at the joists by me. I'm not looking to put in a full-height door, just a small access 'hole' about 0.5m x 0.75m.
I'll insulate it well.

bro_lim1

Hi Builderfromhell,
I saw you use an engineer in Limerick in a previous thread, i'm currently looking for one urgently. Is there any chance you could give me his contact details?
I'd really appreciate it, in particular as you say you found him very good as i'm struggling to locate one suitable. I need to use for stage payments for my builder and cert etc, has to have ideminity insurance etc.

Thanks

Ballymoreman

THE SUPREME Court has cleared the way for a development of houses, shops, a creche and a medical centre at Ballymore Eustace, Co Kildare.

http://www.irishtimes.com/newspaper/ireland/2009/0723/1224251144464.html

It seems that this has happened because Kildare County Council made a mistake and did not pose any questions regarding the planning until one day after the allowed time period.

Section 34 7 (f) of the planning act 2000 states
(f) Where a planning authority fails to make a decision within the period specified in paragraph (a), (b), (c), (d) or (e), a decision by the planning authority to grant the permission shall be regarded as having been given on the last day of that period.

http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0034.html

Could anyone tell me what is the position for people who had originally objected to the permission?

Also is it now possible to appeal the decision to an Bord Pleanala ?

Graaaaa

We're proposing to renovate and extend a mid-terrace in Conemara, about 200 years old. A septic tank was put in the back garden in the 70's and a wc fitted. Before that there was apparently an outhouse.

First call to planners to request a consultation - given the comment that EPA testing may be required and a new septic tank required to SR6.

The extension should make the house 3-bed while it is currently 2-bed.
The neighbour (4-bed) is also plumbed into the same septic tank, making a total load of 7 beds by the time the extension is done. Neighbour would also have originally been 2-bed at the time of tank 'design'.

I've never come across the planning authority taking on the existing sewerage system for a domestic extension. Is this a new trend? If the beds were kept to two as existing then do they still have grounds to regulate this?

I wouldn't mind, I prefer to do things by the book, particularly on pollution, but the local sewerage scheme has been 'on the agenda' with said authority for years, funds ear-marked, put-aside etc. but the official finger has not been taken out.

And to refer to a redundant standard for sewerage treatment has a crude irony as to their knowledge on the subject.