Planning issues - post them here MOD WARNING post #1

tikdoff

Hi Folks,

I plan on constructing a boundary wall between me and my neighbour. I had a surveyor/ arbitrator out and he has verified from the land registry that my neighbour has clearly encroached my property all the way up. He has erected a really bandy substandard fence a while back when the property was vacant and the vast majority of it is well over the party line(into mine).
Many years ago he removed the original party fence and built a shed onto what is now my shed, and I understand that that I may have to let him leave his shed there (for the time being), problem is, I have a hedge which is in my property, and he has removed the party fence behind this and pushed the hedge into my place more and more over time, but the roots are in my place and I want to remove this hedge and replace with a wall also, but he wants to hang onto the hedge. The wall when construced, even though its in my property will finish infront of his shed window, he's convinced I'm in the wrong all the way, even though arbitrator has confirmed what I always knew.
I dont want to be spending too much money on arbitrators and the likes, and I certainly wont be bullied into building a wall further in on my property and seed the land behind to my neighbour. I've tried my best to be good a neighbour and talk to them next door but there very rude and unapproachable.
I bought the house from the family and in the few years that it was vacant they even threw an extension up on the only true party wall there with part of the roof over hanging my back garden....
Has anyone out there been in similar propblem or does anyone have an opinion they'd like to express on the issue, your thoughts are greatly appreciated, thanks in advance

Mellor

If talking to him won't resolve it, then your only other option is to contact your solicitor.

It's really a legal issue. And as such can't be discussed here

muffler

Mellor wrote: »

If talking to him won't resolve it, then your only other option is to contact your solicitor.

It's really a legal issue. And as such can't be discussed here

That sums it up nicely. You talk to the neighbour or talk to your solicitor.

joeyhh

Sorry if this is the wrong thread for this but i'm a first time poster so you'll have to forgive me if it is.

I am thinking of applying for planning permission and i am wondering how much of the planning application i will be able to carry out myself.

I have a degree in civil engineering and have about three years experience as a geotechnical engineer.

So in terms of my planning application:

I will be able to produce all drawings and house plans myself and complete all planning applications forms etc. as i spent a few summers doing this type of work in a local consultancy. However with regard to the Site Suitability Assessment i'm a bit confused. Do you definitely have to have the FAS Suite Suitability Assesment Course done to apply to be an assessor. As i said i'm a geotechnical enginner and have good experience in trial pits, ground conditions, groundwater flow etc. I feel i would be more than qualified to carry out a site assessment myself but is this allowed with out being on my county councils approved list?? Also i've looked up actually doing the course as its something work might be willing to pay for as it is quite relevant to my job but the only information i can find is in relation to a course that was run in 2009!!!! Are they still doing this course at all!? If they are they're doing a good job at keeping it quiet!!

Also (and i'm sorry for being so hazy on the details on this one) is there some requirement (for mortgage purposes) for an engineer to sign of the foundations and various other stages of construction? Does this engineer need to be chartered or what qualifications are required? If chartership is not required will i also be able to do this?

Any help on this would be greatly appreciated!!!

JH

rayjdav

Joey,
Anyone can submit planning applications:eek:. If you are sure that your civil engineering experience will give you a good well designed, thought out house, go for it...;) Grand saving a few quid here but, in the long run

You must be on a coco pre determined list of assessors now. No, you cant do it if not. One of these courses was run before xmas. very expensive, just under €2000. I wouldnt be paying for it now hoping to make money back via planning applications:D You also need PI insurance etc. to do the test.

For sign off, youd need to have all relevant insurances in place too.

mollzer

Hi Just wondering do I need planning permission to put stone cladding on my house? It is not a new house was built back in the early 60's. Anybody know?
Thanks

muffler

mollzer wrote: »

Hi Just wondering do I need planning permission to put stone cladding on my house? It is not a new house was built back in the early 60's. Anybody know?
Thanks

Yes. Once you change the external appearance of the house you will require PP.

mollzer

Thank you! though was hoping we didn't

baileathari

Hi ,
I have what I think a serious issue with boundary wall.. I live in the country and the neighbours on one side of me have built a wall which is so far 12 blocks high.. it exceed the planning law by about 4 blocks..
we dont have any contact with our neighbours and I dont want to use the builder as a mediator.. apart from the propasal my husband made which is he will knock down to 2m starting from the bottom , is there another emergency solution? THis wall is very high and is a danger .. we have small children and I now worry about them playing in the garden near the wall! Also does anyone know if the boundary wall have to be capped?
Advice will be very much appreciated!

muffler

baileathari wrote: »

Hi ,
I have what I think a serious issue with boundary wall.. I live in the country and the neighbours on one side of me have built a wall which is so far 12 blocks high.. it exceed the planning law by about 4 blocks..

If thats the case then you report this matter to your local planning department and let them deal with it.

baileathari wrote: »

apart from the propasal my husband made which is he will knock down to 2m starting from the bottom

If Im reading that correctly then it is NOT advisable for your husband to do this.

baileathari wrote: »

THis wall is very high and is a danger .. we have small children and I now worry about them playing in the garden near the wall!

If you consider it to be dangerous then you should contact the building control department in this regard.

baileathari wrote: »

Also does anyone know if the boundary wall have to be capped?

Im not sure why you are even asking this question if you consider the wall to be be in breach of planning and building regulations.

On a general note I would suggest you contact your neighbour and express your concerns before going down the route of involving the statutory bodies. They may be reasonable and agree to some form of compromise and I really dont see why you would remotely consider asking your builder to speak on your behalf.

You have to live beside these people so do try and be neighbourly about the whole situation and if the diplomacy fails then you have other options available to you.

dogsbreth

Hi all. I hope I am asking this question in the right forum - please advise if I've made a mistake here.

My question is over the planning regulations in Co Leitrim specifically (but generally if they apply across the country) with respect to the amount of garden sheds/house extenstions a property may contain without having planning permission.

I have read the relevant advice from the Leitrim planning authority (http://www.leitrimcoco.ie/eng/Services_A-Z/Planning_and_Building_Control/Apply_for_Planning/Planning_Information_Leaflets/PL_5_-_Doing_Work_around_the_House_.pdf) which states that you may extend a house by up to 40sq/m without planning permission - this applies to multiple extensions (within limits) as long as the total floor area does not exceed tha 40sq/m limit.

The advice on a garage/kennel/garden shed etc. up to a limit of 25sq/m without the need to apply for planning permission, in addition to the house extenstion limits above - these buildings are treated seperately according to the guidelines.

My question is this: is there a limit to the amount of free standing garden sheds/kennels/carports etc that a property may contain? Its not that I feel the need to put up 10 different sheds, but that I can see the benefit of having 2 or 3x25sq/m sheds on my property of almost 1 hectare.

Can anyone tell me if I would need planning permission to construct 2x 25sq/m sheds on the property in addition to a garage beside the house of up to 25sq/m?

Thanks for taking the time to reply.

sydthebeat

dogsbreth wrote: »

is there a limit to the amount of free standing garden sheds/kennels/carports etc that a property may contain? Its not that I feel the need to put up 10 different sheds, but that I can see the benefit of having 2 or 3x25sq/m sheds on my property of almost 1 hectare.

Can anyone tell me if I would need planning permission to construct 2x 25sq/m sheds on the property in addition to a garage beside the house of up to 25sq/m?
.

yes there is... you may only construct 25 sq m for a shed / kennel etc.
if you construct 2 x 25 sq m then that equates to 50 sq m....

so you see... its only one 25 sq m that you area allowed. Anything over that requires planning permission.

muffler

sydthebeat wrote: »

yes there is... you may only construct 25 sq m for a shed / kennel etc.
if you construct 2 x 25 sq m then that equates to 50 sq m....

so you see... its only one 25 sq m that you area allowed. Anything over that requires planning permission.

Thats it in a nutshell.

baileathari

Thanks for your advice ..

ManFromAtlantis

might not be strictly under planning but............does anybody know if the requirement for a commencement notice was in place in 1995 for commercial building . i know it was in the 1997 regs but before this ? poss the control act 1990 ? thanks

Poor Uncle Tom

ManFromAtlantis wrote: »

might not be strictly under planning but............does anybody know if the requirement for a commencement notice was in place in 1995 for commercial building . i know it was in the 1997 regs but before this ? poss the control act 1990 ? thanks

Yes, the requirement for a Commencement Notice has been in place since 1991, for all buildings.

AckwelFoley

Is there a resourse online that can tell me the status of a road, ie - if it is public or private?

Im going to be looking for permission soon and im unsure wheather the road in which i seek permission onto is controlled by the council

muffler

snyper wrote: »

Is there a resourse online that can tell me the status of a road, ie - if it is public or private?

Im going to be looking for permission soon and im unsure wheather the road in which i seek permission onto is controlled by the council

You may find something online. Go into the planning web site for your local council and find an application near your site and see if there is an option to view a map of the area.

In Donegal for example when you view the aerial photograph showing the application site you can zoom out 2 levels and the roads are then coloured. Have a look here. (hope this works). You will see the regional road colored pink, the county roads coloured yellow and the private roads coloured grey. Hovering the mouse over the public roads will bring up the road number.

Hah! we're well advanced in Donegal.

Best option is always to pop into your local roads office and ask there.



Edit/just checked the link and it shows the aerial photo but under "map tools" at the top right of the page you can zoom out 2 levels

.

muffler

Here's an image that will be easier followed but as its a screen grab there's no point in hovering the mouse over the roads

BlackEdelweiss

We are hoping to build a 2 story extension to the side of our 3 bed semi however our desired size brings our new side wall right up to our existing fence. We live next to an open area so there is no problem with neighbors however we do need room to bring our bins around etc. Our architect said that he would draft up a letter for the contractor who built the estate to sign stating that he gave us permission to move our fence 3 feet across so we could build a path on the bit of land. The land is mostly whin bushes and a little bit of an open area where the local kids play which we and 3 other families pay for the upkeep every year.
When I asked the contractor about this he said he was not interested in doing this as it would involve the council and would be a lot of bother but my architect says it is only a matter of him signing the letter.
Does anybody know anything about this kind of arrangement? Is it as straight forward as the architect says?

Poor Uncle Tom

If the strip of ground you want was previously shown as amenity (green) area by the contractor as part of the development then it becomes complicated for the contractor as he has to make up the loss elsewhere which is just as accessable for people wishing to use it, your architect should know this very well.

If it is not an amenity area then a letter from the landowner giving permission to use it should suffice.

BlackEdelweiss

If he does not give permission how close can we build to our boundary? Can we go as far as our fence or do we need to leave room at the side?

FLCP

Hey all,
Quick question re shared entrances. Our planning grant has a condition to share an entrance with an adjoining property. The property in question is family owned and gave written permission to share the entrance in the planning process. I am looking to avoiding having a permanent burden on the other house, while still complying with the planning condition (so the Solicitor can sign off the mortgage). Does anyone have any experiences of doing this? I am hoping that we can use a right of way agreement etc that can be removed at a later date when we apply for a separate entrance, leaving both houses free from any encumbrance.
Any ideas? The solicitor is working on it but I want to make sure all bases are covered.
Thanks
FL

archtech

FLCP wrote: »

Hey all,
Quick question re shared entrances. Our planning grant has a condition to share an entrance with an adjoining property. The property in question is family owned and gave written permission to share the entrance in the planning process. I am looking to avoiding having a permanent burden on the other house, while still complying with the planning condition (so the Solicitor can sign off the mortgage). Does anyone have any experiences of doing this? I am hoping that we can use a right of way agreement etc that can be removed at a later date when we apply for a separate entrance, leaving both houses free from any encumbrance.
Any ideas? The solicitor is working on it but I want to make sure all bases are covered.
Thanks
FL

Subject to the agreement of all parties involved, it is my understanding that rights of way can be extinguished at any time. I certainly won't be too hopeful however on getting a separate entrance, unless there's a change in the planning policy.

rayjdav

BlackEdelweiss wrote: »

If he does not give permission how close can we build to our boundary? Can we go as far as our fence or do we need to leave room at the side?

You are not obliged to leave side access, but it is always helpful. Depending on who owns the boundary wall? you may have to build just within the curtilage of your site.

Many years ago I got a permission for a 2 storey extension to side, incorporating an access to rear contained within the groundfloor side extension. From the front it appeared like a seperate front door, but just led to a private "alley" to the rear. Not the best looking thing I ever did but, he who pays the bills etc etc.

ManFromAtlantis

when calculating internal area for planning - 2 storey house.

there is a two storey void area in the hall area. do ye guys leave out the 1st floor 'void' area when calc the first floor area?

thanks. i reckon you could do so.

ivuernis

I have a ground floor apartment, the living room has one window and one patio door but I want to replace the patio door with another window. Aesthetically the apartment would then look the same as the apartments on the upper floors instead of those on the ground floor and I will still have two other external doors into my apartment. Would I need planning permission for this type of change?

muffler

ManFromAtlantis wrote: »

when calculating internal area for planning - 2 storey house.

there is a two storey void area in the hall area. do ye guys leave out the 1st floor 'void' area when calc the first floor area?

thanks. i reckon you could do so.

It should be included much along the lines of the stairwell which is always included.

muffler

ivuernis wrote: »

I have a ground floor apartment, the living room has one window and one patio door but I want to replace the patio door with another window. Aesthetically the apartment would then look the same as the apartments on the upper floors instead of those on the ground floor and I will still have two other external doors into my apartment. Would I need planning permission for this type of change?

Technically you do need permission for this as the proposal would would affect the external appearance of the building.

However I would run it past the local planner first and maybe suggest making an application for a Section 5 declaration. You could argue that it is exempt based on the following from the 2001 regs

Part 1 , Section 4 (h) 2000 Regulations
(h) development consisting of the carrying out of works for the
maintenance, improvement or other alteration of any
structure, being works which affect only the interior of
the structure or which do not materially affect the external
appearance of the structure so as to render the
appearance inconsistent with the character of the structure
or of neighbouring structures;

Different planning authorities can hold different opinions on these matters.

Are there any other apartments on the ground floor or are there any other adjacent blocks of apartments?

ivuernis

muffler wrote: »

Technically you do need permission for this as the proposal would would affect the external appearance of the building.

However I would run it past the local planner first and maybe suggest making an application for a Section 5 declaration. You could argue that it is exempt based on the following from the 2001 regs
Different planning authorities can hold different opinions on these matters.

Are there any other apartments on the ground floor or are there any other adjacent blocks of apartments?

Thanks for the reply muffler. Yes, there are other apartments on the ground floor and there is a similar block adjacent to it. The external appearance would be changed but would not be very noticeable due to the location and aspect of that side of the apartment building. However, I will seek planning advice on this from my local planner and planning permission if required.

My reasons for the modification is that it is north facing and as a result the room is difficult to heat in winter. It's a bad design choice in my opinion, it should have been a window instead of a patio door from the beginning. None of the ground floor apartments use this patio door off the living room due to the northerly aspect and the fact it faces a wall with a road on the other side. There seems to be no benefit from having patio doors there at all as far as I can see.