Planning issues - post them here MOD WARNING post #1

muffler

one big push wrote: »

Im a farmer and have all the local needs etc but my problem is that i own a farm which is very close to a village but cannot get planning cause the planner does not want any off the house seen from the village or roads i have been tuned down 3 times eventhough i have move to lower ground level each time and moved the house in about half a mile off the public road and now they wants me to go back futher in the farm what can i do?
the planner is calling the shots and knows they can move house to where it cant be been in a hole over a mile in

Sadly some planners seem to think that they can apply their "own" personal policies on people and do so with impunity. I think you need to stand up to this person and ask them to demonstrate the basis for them not allowing you to build a half mile from the public road. That is unbelievable.

When I say you need to stand up to them I mean is that you should engage a reputable planning consultant and let him/her get to the bottom of this.

JuniorB

one big push ... I'd get a local councillor involved as well. They can negotiate a bit higher up the ladder than your planner and if your planner is being as un-reasonable as it appears from your post you can be sure you are not the first one that will have had issues with him/her.
And of course (if you have not done so already) engage a planning consultant/engineer that has good local knowledge to de-personalise the situation if nothing else.
We went through something similar and in the end we waited for the planner in question to move to another job :cool: Best of luck with it.

Beechman

I submitted a planning objection to a proposed development on a vacant site in an housing estate by the developer.

I objected on a number of grounds and the planning permission was refused. However he has appealed it to An Bord Pleanala. Do I need to make a further observation to An Bord Pleanala or is the orginal objection made to the council taken into account. tks

Bicycle

Apologies if I've missed this somewhere else.

What is the difference between a "submission" and an "objection"?

We have two "submissions" to planners regarding our planning permission application. One is pure pettiness. The other makes some serious, and being honest, quite valid points.

Is a submission a pre-objection or is it a nicer term for an objection?

Thanks in advance.

mal_1

Bicycle wrote: »

Apologies if I've missed this somewhere else.

What is the difference between a "submission" and an "objection"?

We have two "submissions" to planners regarding our planning permission application. One is pure pettiness. The other makes some serious, and being honest, quite valid points.

Is a submission a pre-objection or is it a nicer term for an objection?

Thanks in advance.

A submission is at planning stage
The planner may take the submission into account when making a decision.
An objection is made to An Bord Pleanala on a decision of the planner.

Bicycle

Thanks Mal.

muffler

Bicycle wrote: »

Is a submission a pre-objection or is it a nicer term for an objection?

More or less. Every comment made is classed as a submission. In fairness about 95% of all comments made on planning applications are basically objections. However I have seen people make comments in support of an application. Either way they are all classed as submissions and you can pick through them to determine which are objections.

mal_1 wrote: »

A submission is at planning stage
The planner may take the submission into account when making a decision.
An objection is made to An Bord Pleanala on a decision of the planner.

Sorry but that isnt quite right. See above for submission/objections explanation to a planning application. There is nothing that can be classed as an "objection" to ABP. In the majority of cases the comments made to ABP would be an "appeal". However there is provision made in certain circumstances for people to make a "submission" or comment to ABP on a planning appeal when they are not the first or second parties involved.

mal_1

muffler wrote: »

More or less. Every comment made is classed as a submission. In fairness about 95% of all comments made on planning applications are basically objections. However I have seen people make comments in support of an application. Either way they are all classed as submissions and you can pick through them to determine which are objections.



Sorry but that isnt quite right. See above for submission/objections explanation to a planning application. There is nothing that can be classed as an "objection" to ABP. In the majority of cases the comments made to ABP would be an "appeal". However there is provision made in certain circumstances for people to make a "submission" or comment to ABP on a planning appeal when they are not the first or second parties involved.

I know it isn't quite right, but it simplifies the terminology , A submission at PA stage wouldn't necessarily result in any change to to the process. while making an appeal or 'objection' activates the ABP process.

Poor Uncle Tom

mal_1 wrote: »

while making an appeal or 'objection' activates the ABP process.

I think you may be getting a little mixed up here.
An 'objection' is basically a letter or submission of protest against a planning application and it is made to the Local Authority and attached to the application.
An 'appeal' is made directly to An Bord Pleanala when the outcome of an application is known, eg., if a planning application is granted and a third party does not agree they may appeal that decision to the Board (provided they have made a valid submission/objection to the LA beforehand. Also an applicant may appeal a LA's decision.

So basically, in planning terms, a submission/objection can lead to an appeal.

RKQ

Bicycle wrote: »

What is the difference between a "submission" and an "objection"?

Is a submission a pre-objection or is it a nicer term for an objection?

No not always.
IMO a submission can be made by those who are in favour of the proposed structure but may have concerns that they feel should be addressed or considered.
Also a local TD may make a submission in favour of an applicant.

On the other hand an objection is clear, Its object is to completely 100% object to the proposal.

Bicycle

Thank you all for your observations. I appreciate them.

Interestingly, I did have a letter from a local politician (of whom I'm not a big fan) noting that I had a planning application in and offering me any assistance.

I'm inwardly struggling between acting on my conscience and ignoring the letter or approaching the aforementioned individual and compromising my principles.

Ironically both of the individuals who made "submissions" would be strong supporters of this politician :p:p

Hoping to speak to our architect early next week and see what his take on the issue is.

Thanks again.

mirror mirror

my sister applied for planning permission and was granted it ,however i [her brother] built on the site about a 1 1/2 years later because there was a change of circumstance regarding my sister .....i have since found out i should have submitted a letter saying that i took over the planning.the reason im asking this is my sister is going to apply for p.p down the road . the site i built on was family owned.the site she is applying for p.p on -she has just bought herself.are there any implications for her now......

Poor Uncle Tom

Yes, as far as the LA is concerned she already has planning permission on family lands and, most likely, will not get planning permission for another house. However, the planning permission your sister got is interchangeable with other close family members, provided they have a housing need.

Even now, you need to prove your housing need and probably sign a Section 47 stating the house is for your own use in order to free up your sister for a new application in the LA's eyes.

Bare in mind that it is usually much easier to get planning permission on family lands unless the other lands are zoned for housing. Having a site in you sisters name before making a planning application will not carry any weight in the planners eyes.

mirror mirror

yes i understand what your saying. i built on it and am living in house since , 3 years in fact last august. what issues would the council have with a brother of the applicant building on site,, i was renting at the time and then when her circumstances changed i thought why not.......better spend money on my own home that waste it renting.we are not speuclators of any sort.just ordinary people looking to build and rear a family and enjoy life............

Poor Uncle Tom

I understand your situation and I believe you, what you say makes perfect sense. The LA, on the other hand are skeptical and believe everyone is a speculator. Because all your paperwork is not in order, this may indicate to them that everything is not as it seems.

That is why it is important to get all your paperwork in order now.

mirror mirror

thanks for reply, can i download relevant paperwork ?

Poor Uncle Tom

A sample section 47 can usually be got at the planning counter and you can bring it to your solicitor so a specific one can be made out for you. I would then set up a pre-planning meeting for your sister and just explain the issues.

mirror mirror

thanks again for that,out of interest i will post news when we get answer

wavin123

myself and my girlfriend are thinking of building a house, a local building contractor has a site right next to ours and wants to build on it. he wants to build a house our site for us at the same time. both houses will be more or less the same, is it possible that he could get planning permission for both houses but one of them in our name or would the planning for both houses b in his name?

Mellor

wavin123 wrote: »

myself and my girlfriend are thinking of building a house, a local building contractor has a site right next to ours and wants to build on it. he wants to build a house our site for us at the same time. both houses will be more or less the same, is it possible that he could get planning permission for both houses but one of them in our name or would the planning for both houses b in his name?

Depends on the location,

He could get planning permission for two houses, and then "sell one to you" (obviously a deal arranged between both of yous before hand)

Or you could each get planning permission for identical houses separately. There is no reason for him to do it for you

Poor Uncle Tom

You're sailing close to the wind here. The following is taken from the forum charter:

Any thread/post that is looking for ways to get around the planning process, or building regulations, or any other statutory legislation, or advising somebody to ignore these legislations and regulations, will be deleted and and the poster will be banned indefinitely.

You would be best advised to speak to your solicitor about conveyencing issues and to a good local Architectural Technician about getting planning permission.

MunsterFan09

No worries, thanks

wavin123

Mellor wrote: »

Depends on the location,

He could get planning permission for two houses, and then "sell one to you" (obviously a deal arranged between both of yous before hand)

Or you could each get planning permission for identical houses separately. There is no reason for him to do it for you

cheers man, thanks for the reply

Essexboy

Can I appeal a council decison on enforcement?

The county council served an enforcement notice on the owner of fields opposite my house for constructing an entrance without planning permission. Barbed wire has now been strung across the gap and the council regard that as a permanent closure. I do not! the previous structure was so solid that a tractor was need to smash it down: the wire and stones could be removed in 30 minutes.

My impression is that the council are very reluctant to take any enforcement action, apart from issue warning letters, in rural areas.

sydthebeat

Essexboy wrote: »

Can I appeal a council decison on enforcement?

The county council served an enforcement notice on the owner of fields opposite my house for constructing an entrance without planning permission. Barbed wire has now been strung across the gap and the council regard that as a permanent closure. I do not! the previous structure was so solid that a tractor was need to smash it down: the wire and stones could be removed in 30 minutes.

My impression is that the council are very reluctant to take any enforcement action, apart from issue warning letters, in rural areas.

its the 'use' of the entrance that the enforcement entrance has been acted upon, not the actual hole in the hedge itself.

Did the councils enforcement notice call for the hedge to be reinstated???

If not then what is there is fine.

PostCelticCub

Start up costs/building regulations
Hi there,

I'm new to boards and I'm not sure if this is the right place to post questions but I have a few anyways...

Im thinking of starting a business that requires me to have storage space. I have a concrete shed out in my garden that is roughly 15ft by 6ft in lenght and width and 7.5ft high, it is in need of repair as it is but I'm wondering would I need planning permission to make it bigger? I was thinking about expanding it to 15ft by 12ft in lenght and width and keeping it 7.5ft high, I would be building into my garden. Also would I need planning permission to fit a steel door into the shed from a common area behind my garden. The council maintains the grass behind my house?

Another Question I have is that I am planning to purchase a van and I understand that I can claim back VAT if I'm registered? Could someone explain how this works whether I can save money when buying the van or do I claim back at a later date...

Sorry if these questions should have obvious answers to someone thinking of starting a business... Thanks

If ya don't ask You'll never know!

muffler

PostCelticCub wrote: »

Start up costs/building regulations
Hi there,

I'm new to boards and I'm not sure if this is the right place to post questions but I have a few anyways...

Im thinking of starting a business that requires me to have storage space. I have a concrete shed out in my garden that is roughly 15ft by 6ft in lenght and width and 7.5ft high, it is in need of repair as it is but I'm wondering would I need planning permission to make it bigger? I was thinking about expanding it to 15ft by 12ft in lenght and width and keeping it 7.5ft high, I would be building into my garden. Also would I need planning permission to fit a steel door into the shed from a common area behind my garden. The council maintains the grass behind my house?

Another Question I have is that I am planning to purchase a van and I understand that I can claim back VAT if I'm registered? Could someone explain how this works whether I can save money when buying the van or do I claim back at a later date...

Sorry if these questions should have obvious answers to someone thinking of starting a business... Thanks

If ya don't ask You'll never know!

Yes you will need planning permission for anything associated with a business.

Regarding the VAT on a van you would need to ask the question in the Taxation forum.

Essexboy

sydthebeat wrote: »

its the 'use' of the entrance that the enforcement entrance has been acted upon, not the actual hole in the hedge itself.

Did the councils enforcement notice call for the hedge to be reinstated???

If not then what is there is fine.

I did not see the warning letter, just told that it was sent.
Anyway, there may be a more serious problem coming upwith these lands so I will let this slide and focus on the 'big one'.
Thanks for your advice.

kelvineng

i recently got retention planning permission for a wall ,they are now after granting permission now stipulating we complete the cladding of the wall within 6 months. Is the retention not valid for 5 years

RKQ

kelvineng wrote: »

i recently got retention planning permission for a wall ,they are now after granting permission now stipulating we complete the cladding of the wall within 6 months. Is the retention not valid for 5 years

I can not give a definitive answer to such a specific question on a discussion forum, because I am not fully familiar with the full details.

However as you seem to have a specific Planning Condition stating that the cladding to the wall must be completed within 6 months, then in order for this retention permission to be valid you must comply with this Planning Condition. (I am assuming the wall is built, hense the application for retention - and the Councils wish to see the wall fully complete within 6 months).

I suggest you discuss this Planning Condition with your Agent than submitted the application.