Planning issues - post them here MOD WARNING post #1

Mellor

Comic Book Guy wrote: »

Cheers lad will call into them on friday and see what the story is.

A word of warning, they might to a 900 increase, if you see trouble, maybe suggest a compromise to 450.
However, a word of warning, if they do agree to either make sure its in writing from a planner.
If they don't agree, tread carefully, if the bathroom is very small you may be in breech of buildign regs. Make sure you stick to regs and planning as there will be certs down the line. By trying to get it increased, you'll be a obviously choice for inspection.

rowr wrote: »

Thanks for the replies, its is a large site, in countryside, moved the Garage as i was beside a sheet of rock and figured it wasnt going to be noticed.
The biggest fear I have is if i appeal to Bord Pleanala and fail what will happen then, will the council proceed with enforcement and at that stage is it too late

IMO the height increase is much more an issue than the moving of it. 5ft is a lot to try get away with.
Basically you knowingly built something you didn't have premission for. There is a very good chance you'll not be granted retention.

But by all means appeal. As far as I am aware, only items and reasons listed in the report are relevant at appeal, if you can justify them then you should be ok.

Funsterdelux wrote: »

Right, I've been doing some work on a half acre of land, the site is really 1 acre divided into 2. On one side is a house and formal garden as such. And then the other half acre was just over grown.

Right there is a gate going into the unused half acre(its there over 20 years)and I was wondering would planning permission be needed to keep this gate as I don't think there was planning sought back in the day. Or since it is there so long would there be like a statue of limitations on such a thing?

I've attached an image to help understand the situation.

Can't see the image, but it should be fine, statuate of limitations is 7 years (was only 5 back then0 so you are covered. It is basically an easement now. Make sure you note it as such on plans.

Anthonyk2010

I'm thinking of building a second garage. The one i have is 12' x18' and is too small.

Two questions will i be asked for a reason why i need a second garage
and will the council expect a certain distance from the boundrey wall to the garage or can i go as close as i want?
I will be applying to limerick county council.

Mellor

You may be asked what it is for, as a FI request, or you could volunteer this information yourself. It's probab best to be up front. Or would you rather keep it quiet.

Can build to the boundary.

SARAH ANNE

just wondering roof going on and was looking at space between upstairs windows ie ffl and sill they look very low does it make a difference, id be worried a child would crawl/fall out the window.
thanks in advance

DOCARCH

SARAH ANNE wrote: »

just wondering roof going on and was looking at space between upstairs windows ie ffl and sill they look very low does it make a difference, id be worried a child would crawl/fall out the window.
thanks in advance

Minimum height for window cill/opening over FFL should be 800mm (and no more than 1100mm over FFL if an escape/rescue window).

Mellor

DOCARCH wrote: »

Minimum height for window cill/opening over FFL should be 800mm (and no more than 1100mm over FFL if an escape/rescue window).

Just to make a minor correction, its the opening not the cill. The cill can actually be at floor level.

Sarah Anne, i'd measure it and get it sorted immediatly if required. It's a breach of the buidling regulations, apart from issues with compliance certs etc its directly related to safety for children.

BenK

Just to add to the previous 2 posts, in the case of a roof light, the height of the bottom of the window opening can be 600mm min. off the ffl...

SARAH ANNE

thanks guys for your prompt reply
ya sorry its the opening and it aint 800 from ffl
thanks again and as a matter of interest il keep ye all posted on how i get on

Mellor

I'd be interested to hear how you resolve this.

JuniorB

We'd a similar situation.
You can get fixed panes (toughened glass) i.e. windows wont open or you can put a screen on the inside i.e. windows will open but you can't fall out !

Mellor

JuniorB wrote: »

We'd a similar situation.
You can get fixed panes (toughened glass) i.e. windows wont open or you can put a screen on the inside i.e. windows will open but you can't fall out !

That's not a good solution, or a solution at all really.

Fixed panes are fine in the likes of landings, and don't have a height requirement (see above cill at floor). But she mention first floor windows, sounds likes its all, or most of them. Bedroom windows can't be fixed pane for a number of reasons, ventilation, escape etc

Full height screens again are an issue in bedrooms as they restricted escape.

FergusD

We had this issue and the window was spllt into 4 (not equal) parts, with toughened glass in the bottom part which didn't open and an opening above.

HTH,

Fergus.

JuniorB

Mellor wrote: »

That's not a good solution, or a solution at all really.

Fixed panes are fine in the likes of landings, and don't have a height requirement (see above cill at floor). But she mention first floor windows, sounds likes its all, or most of them. Bedroom windows can't be fixed pane for a number of reasons, ventilation, escape etc

Full height screens again are an issue in bedrooms as they restricted escape.

Grand it was a solution for us..

Some windows in bedrooms can be fixed panes if you cover the ventilation and escape requirements with other windows within that room.
The screen does not have to be full height but can be 800 or whatever the requirement is - so the bottom half of the window as such is blocked off. You then have the required ventilation and possibly escape requirements.
I aint no expert - just passing on my experiences.
I also look forward to hearing what solution is found.

Mellor

JuniorB wrote: »

Grand it was a solution for us..

Some windows in bedrooms can be fixed panes if you cover the ventilation and escape requirements with other windows within that room.
The screen does not have to be full height but can be 800 or whatever the requirement is - so the bottom half of the window as such is blocked off. You then have the required ventilation and possibly escape requirements.
I aint no expert - just passing on my experiences.
I also look forward to hearing what solution is found.

If it was only one window in a bedroom, and there was another that was at a compliant height and qualified for escape, then you are right it would work.
But generally bedrooms have one window, or when they have two, they are at the same or similar heights.

A screen that didn't go up the whole way is more a retro fit solution, a rail is another similar solution. If windows aren't fitted/manufactured yet, then a fixed lower portion would be my preference if floor level couldn't be adjusted.
I had to snag a large development, where a lot of the windows where below height, so i've seen a variety of solutions. The alter you catch it, the les optinos you have.

snowman_tree

Hey all,
Quick query for anyone that can help me out. I have a site with an existing farmhouse and outbuildings which is falling apart. The roof is still on the house but its ready to collapse any day. and the outbuilding has pretty much collapse apart from two walls. This house has not been occupied for ten years. I am applying for planning permission for the demolition of the existing farmhouse and outbuildings and erection of a two storey dwelling with a septic tank and all assoc. works. I am putting in the existing plans and elevations of the farm house. I suppose my question is what is the difinition of a derelict dwelling and is what I've described a derelict?
Hope you can help

RKQ

snowman_tree wrote: »

I suppose my question is what is the difinition of a derelict dwelling and is what I've described a derelict?

Not really or not always. IMO Derelict usually means no roof, no windows & no doors. Sometimes it is easier to get permission for an extension to an existing house. There can be an advantage to having an existing habital house on the site.

You will need permission to demolish a habital house and if the new house is in a similar position on site and passes soil suitability test you could get permission. BUT if your application is refused you might be able to apply for permission to refurbish or extend the existing house.

rayjdav

http://www.irishstatutebook.ie/1990/en/act/pub/0014/print.html

Section 3 of the Direlict Sites Act 1990 defines what is considered "derelict". It may be worth getting a professional to ascertain in their opinion that they can agree and argue that your instance is adequately covered under the definition of "Derelict" contained within the Act...

Section 3(a) appears, from what you describe, to conform to the said definition, imho;)

RKQ: BUT if your application is refused you might be able to apply for permission to refurbish or extend the existing house[/I]
This, in my experience and capacity for giving advice, would be the lesser option. Money pit. Would advise, taken that the existing structure is in a ruinous stae, demolish and build new, if possible.

Hope this helps in some form.

snowman_tree

Thanks Rayjdav and Rkq for your help....
I am going to demolish the existing farmhouse as it stands because its too narrow and long, the external wall is right on the boundary line which justs happens to be the south-east face! This gives no room for the sun to come into the living area's etc..... Just wanted clarification really that I wouldn't have a problem with planners. I am not building over the footprint of the existing house I am moving it more central to the site thus to give a back and front garden and more privacy.... I don't want to say that the house is derelict under the definition 'derelict' on the planning drawings... although it has not been lived in for 10yrs and you couldn't live in it as it stands. If anyone has any experience in this kind of planning issue. Please let me know! Thanks guys

Mellor

snowman_tree wrote: »

Thanks Rayjdav and Rkq for your help....
I am going to demolish the existing farmhouse as it stands ...

You do know that you need planning permission to demolish the existing building?

I don't want to say that the house is derelict under the definition 'derelict' on the planning drawings... although it has not been lived in for 10yrs and you couldn't live in it as it stands.

In my opinion you should. You also have to mention the fact that you are demolishing it.

cremeegg

guys .... i got planning permission to build a 2500 square feet house 4 and 1/2 years ago... its coming up on being expired now in feb. due to not being able to get a mortgage to build .. do i have to apply for an extension?? if i wanted to apply for some changes in the planning at same time would this be a seperate submission???

any ideas of cost ??also. thnaks guys

Supertech

You won't get an extension to the current planning permission unless the build is progressed to an advanced stage - normally wallplate level, but this may vary between different Planning Authorities.

An extension to a planning permission is designed to permit you to complete a development rather than to extend the duration of the permission indefinitely, and in most cases is granted for 12 months.

If you have changes to make to the layout, and you haven't started the build at all, it's best to incorporate the changes into a new application. The changes should be fairly easy to incorporate onto the existing drawings, and it's probably best to talk to whoever prepared your original application (if they're still in business !!! )

muffler

Supertech wrote: »

You won't get an extension to the current planning permission unless the build is progressed to an advanced stage - normally wallplate level, but this may vary between different Planning Authorities.

An extension to a planning permission is designed to permit you to complete a development rather than to extend the duration of the permission indefinitely, and in most cases is granted for 12 months.

If you have changes to make to the layout, and you haven't started the build at all, it's best to incorporate the changes into a new application. The changes should be fairly easy to incorporate onto the existing drawings, and it's probably best to talk to whoever prepared your original application (if they're still in business !!! )

Keep up at the rear please

An application for an extension of duration can now be got without any works having been carried out. The following is the relevant part of S.I. No. 406 of 2010 which came into force on August 19 last

j) where the application is made pursuant to subparagraph (ii)(I) of
section 42(1)(a) or subparagraph (ii)(I) of section 42A(1)(a),
information regarding the considerations of a commercial, economic
or technical nature beyond the control of the applicant
which substantially militated against the commencement of the
development or the carrying out of substantial works,

snowman_tree

Mellor wrote: »

You do know that you need planning permission to demolish the existing building?


In my opinion you should. You also have to mention the fact that you are demolishing it.

Mellor I am putting it in on the planning that Im demolishing the existing dwelling... Just wanted to know for my own references whether I should call it up as derelict dwelling because I don't want the planners to refuse it on the grounds that I should refurb the existing dwelling etc....... these planners change their bloody mind every minute! anyway! Im going to submit an existing site layout plan, proposed site layout plan with the existing building and outbuilding outline in dashed to be demolished..... and this plans and elevations of the existing building.... and obviously the proposed design ...... do you think that would suffice.... aka meet the planners requirements!

muffler

cremeegg wrote: »

guys .... i got planning permission to build a 2500 square feet house 4 and 1/2 years ago... its coming up on being expired now in feb. due to not being able to get a mortgage to build .. do i have to apply for an extension?? if i wanted to apply for some changes in the planning at same time would this be a seperate submission???

any ideas of cost ??also. thnaks guys

See my post above. You shouldn't have any trouble now in getting up to a maximum of a 5 year extension of the original permission. Get cracking on it now as it wont be entertained if the original permission has expired.

The application fee is €62 I think and you should be able to do it yourself but if in doubt get in touch again with whoever handled your original application.


Look about any other changes after you get your extension of duration.

muffler

snowman_tree wrote: »

Mellor I am putting it in on the planning that Im demolishing the existing dwelling... Just wanted to know for my own references whether I should call it up as derelict dwelling because I don't want the planners to refuse it on the grounds that I should refurb the existing dwelling etc....... these planners change their bloody mind every minute! anyway! Im going to submit an existing site layout plan, proposed site layout plan with the existing building and outbuilding outline in dashed to be demolished..... and this plans and elevations of the existing building.... and obviously the proposed design ...... do you think that would suffice.... aka meet the planners requirements!

You can make the application for demolition of existing derelict house together with a replacement house etc. There is an additional fee of €80 for the demolition and you dont need plans of the existing house.

Supertech

muffler wrote: »

Keep up at the rear please

An application for an extension of duration can now be got without any works having been carried out. The following is the relevant part of S.I. No. 406 of 2010 which came into force on August 19 last

I did NOT know that ....but it makes sense
Thanks Muffler

muffler

Supertech wrote: »

I did NOT know that ....but it makes sense
Thanks Muffler

I was aware of it for a while as it was in the pipeline having been passed through the Dail but it took a while for herself in the Park to sign it for whatever reason.

I have a couple of clients who will be jumping for joy now.

antiskeptic

I heard a story about a person arriving home after work only to find their next door neighbour having external wall insulation fitted to the front of their house. The house is a terraced house and it struck me that it must surely look a sight. And surely impact on the value of houses nearby.

I don't know if the story is true (although I've no reason to suppose otherwise) but if so, is EWI on a terraced house something you'd need planning permission for?

Mellor

Planning required imo.
changing the external appearance of the front.

cremeegg

muffler wrote: »

See my post above. You shouldn't have any trouble now in getting up to a maximum of a 5 year extension of the original permission. Get cracking on it now as it wont be entertained if the original permission has expired.

The application fee is €62 I think and you should be able to do it yourself but if in doubt get in touch again with whoever handled your original application.


Look about any other changes after you get your extension of duration.

thanks muff and all.... i will get cracking on it.