Planning issues - post them here MOD WARNING post #1

BryanF

EAFC_rdfl,
look at what developments(houses) that are around your site, this is the most telling question... a good arch/Archtech or planning consultant can then fill in the gaps...

• Full PP with pre-planning IMO
• outline is the same time frame (but less arch fees) than full PP
• + Do you want to live next to a busy road?
• river great, but is the site elevated?
• why are you not sure you'll get planning?

best of luck with your endeavours

Filabn

I recently got planning permission with the following condition...

The applicant shall ensure that there is no damage/pollution to adjacent watercourses and/or riparian habitat during the construction phase of the proposed development and shall submit a detailed plan in this regard to the Planning Authority

Has anyone any experience with respoding to this condition? Not quite sure what I can say? If I find a bird's nest do I have to say that I'll build around it? Relocate it? No experience with conservation? We have to pipe and cover adjacent drains but no idea on how to handle riparian habitats?

Any help, much appreciated...;)

Poor Uncle Tom

Filabn wrote: »

I recently got planning permission with the following condition...

The applicant shall ensure that there is no damage/pollution to adjacent watercourses and/or riparian habitat during the construction phase of the proposed development and shall submit a detailed plan in this regard to the Planning Authority

Has anyone any experience with respoding to this condition? Not quite sure what I can say? If I find a bird's nest do I have to say that I'll build around it? Relocate it? No experience with conservation? We have to pipe and cover adjacent drains but no idea on how to handle riparian habitats?

Any help, much appreciated...;)

The idea would probably be to show on a Site Layout Plan a buffer zone around the watercourses and state that no works are to be carried out inside these zones. Any works that are necessary inside the buffer zones should be detailed giving volumes and depths of excavations, timescale for the works and the likely impact to the area.

rayjdav

Filabn wrote: »

I recently got planning permission with the following condition...

The applicant shall ensure that there is no damage/pollution to adjacent watercourses and/or riparian habitat during the construction phase of the proposed development and shall submit a detailed plan in this regard to the Planning Authority

Has anyone any experience with respoding to this condition? Not quite sure what I can say? If I find a bird's nest do I have to say that I'll build around it? Relocate it? No experience with conservation? We have to pipe and cover adjacent drains but no idea on how to handle riparian habitats?

Any help, much appreciated...;)

Under the Wildlife Act you are obliged to preserve ANY active nesting sites, during season at the very least so technically, if you discover a birds nest that is still active, you cannot do ANY works to/near it that may/will disturb their natural breeding process. Simply wait to do the works out of season.

In relation to the Riparian Habitats, as PUT said above, create a buffer zone. This takes in both the Flora/Fauna associated with wetlands etc. I would contact the LA's Conservation Officer 1st to see what is required or the local Fisheries Board, as they are the one's whom probably made an observation to the LA at planning stage. You are obviously building near a waterway of sorts, river/lake/wetland?

Hannibal

I'm planning on bringing out the front of my house about 1.5m, so it will be an extension to the front lounge and the front hall will also be brought out in line with obviously a new window and front door.
I'm at the end of a block of terraced houses. Would this require planning permission? a builder friend of mine says I won't

rayjdav

Dotsey wrote: »

I'm planning on bringing out the front of my house about 1.5m, so it will be an extension to the front long and the front hall will also be brought out in line with obviously a new window and front door.
I'm at the end of a block of terraced houses. Would this require planning permission? a builder friend of mine says I won't

As I understand your post, you are extending out the WHOLE front of your house, YES you require permission.

http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2

That is the link to the exemptions allowed under the Planning Regs 2001.
Refer to Schedule 2, Part 1 Class 7 for a porch extension.
If not, scroll up to the Class 1, but this is extensions to rear, which is not what you are asking. Just in case your builder is confused:D

muffler

Dotsey wrote: »

I'm planning on bringing out the front of my house about 1.5m, so it will be an extension to the front lounge and the front hall will also be brought out in line with obviously a new window and front door.
I'm at the end of a block of terraced houses. Would this require planning permission? a builder friend of mine says I won't

As stated above by rayjdav, if its to the front of the house you will need permission

Im sparticus

Hi all,
I gained planning permission for the extention and renovation of an old derelict farm house. i would've liked to knock it and start again but couldn't due to the 'local needs' issues. It states permission granted with minimal affect to the existing building. what would happen to the planning permission if the house fell down when i took off the roof? Could i build it back like for like? Any info would be great.

BryanF

Im sparticus wrote: »

Hi all,
I gained planning permission for the extention and renovation of an old derelict farm house. i would've liked to knock it and start again but couldn't due to the 'local needs' issues. It states permission granted with minimal affect to the existing building. what would happen to the planning permission if the house fell down when i took off the roof? Could i build it back like for like? Any info would be great.

there's your answer, only a cowboy will tell you otherwise

the responsibility ultimately falls to you with advice from your architect, your appointed PSDS and contractor to avoid 'the house falling down' and you'll will be expected to show building control how you proposed to ensure that doesn't happen prior to roof being taken off.

sydthebeat

Im sparticus wrote: »

..........what would happen to the planning permission if the house fell down when i took off the roof?.........

Your planning permission would be cease to be applicable and any work carried out subsequent would be considered unauthorised.

Should this happen, you would immediately require a new planning application to continue work.

Can you clarify if you want this to happen?

muffler

Im sparticus wrote: »

what would happen to the planning permission if the house fell down when i took off the roof?

Now would be a good time yo advise you to read the forum charter (particularly Section 6.1) before posting again.

bossanova

A client of mine runs a pub with a first floor that is not used.
The first floor was a hotel years ago (guess 60's,70's) and more recently used as a dwelling by previous owners of the pub (80's).
He wants to use it as a guesthouse with 5/6 rooms.
This will require very little work to the internal layout.
Does he need planning to change it back to a guesthouse?

BryanF

bossanova wrote: »

A client of mine runs a pub with a first floor that is not used.
The first floor was a hotel years ago (guess 60's,70's) and more recently used as a dwelling by previous owners of the pub (80's).
He wants to use it as a guesthouse with 5/6 rooms.
This will require very little work to the internal layout.
Does he need planning to change it back to a guesthouse?

Id say yes, probably change of use required, with an initial meeting with planners & local engs to establish their requirements , and I'd be expecting to do a FSC: start thinking means of escape, fire proofing, travel distances & DAC etc when doing early layouts.

rayjdav

bossanova wrote: »

A client of mine runs a pub with a first floor that is not used.
The first floor was a hotel years ago (guess 60's,70's) and more recently used as a dwelling by previous owners of the pub (80's).
He wants to use it as a guesthouse with 5/6 rooms.
This will require very little work to the internal layout.
Does he need planning to change it back to a guesthouse?

I'd agree that it will need permission for the change of use back to a guesthouse. I had a case recently where client wanted to sell house with original commercial use to front of house. Council said no and they backed up their "reasoning" that there was a discontinuance of use as there had been no commercial rates paid in the intervening years since it was offically a shop so in their mind it was not a shop. Couldn't really argue in fairness to it, but worth a try:D

bossanova

BryanF wrote: »

Id say yes, probably change of use required, with an initial meeting with planners & local engs to establish their requirements , and I'd be expecting to do a FSC: start thinking means of escape, fire proofing, travel distances & DAC etc when doing early layouts.

The first floor is over 200m2.
Will a lift be required to the first floor guesthouse?
This will scupper everything.

muffler

bossanova wrote: »

The first floor is over 200m2.
Will a lift be required to the first floor guesthouse?
This will scupper everything.

It does need to comply with the building regs. However have a look here and you may be able to get a dispensation (from building regs) but not necessarily DAC

snowey07

a property has an extension that is small enough to be exempt from planning.

However I saw on the citizens advice website that planning is needed if the building reduces the out door space to less than 25 square metres.

My question is : what if the out door space was less than that to begin with ?

Ive viewed many city centre properties where a single storey extension was built into the small rear gardens leaving just enough space for a small table and chairs - would that mean they all have planning permission ?

any opinions ?

Poor Uncle Tom

No, the 25sqm minimum amenity space was added to the exemption provisions in 2001 (which came into effect in March 2002), meaning that an extension before that time which was exempt from planning permission could have left a smalller garden space.

a property has an extension that is small enough to be exempt from planning.

However I saw on the citizens advice website that planning is needed if the building reduces the out door space to less than 25 square metres.

My question is : what if the out door space was less than that to begin with ?

Ive viewed many city centre properties where a single storey extension was built into the small rear gardens leaving just enough space for a small table and chairs - would that mean they all have planning permission ?

any opinions ?

I will move this to the planning issues stickied thread.

snowey07

thanks :-)

martinn123

Hi Guys,I have some land in Fingal, which is zones RC ( residential cluster ).The Dev Plan states that planning can be achieved if the applicant is from a Rural background. The Dev Plan does not mention ''local needs'' but I understand that is how the planners will interprite.The land has sufficient for 2 sites as the minimum is .2 hectares, and my Architect has had a discussion with planners and they would favour an outline application.My question is this, last evening I met socially, a senior engineer with the Loc Auth, and he informs me that if the land is advertised for 7/8 months and no purchaser locally, then the ''local needs'' restriction will not apply.He states that this is a regulation the Loc Auth did not close.........anyone any knowledge of this.I am NOT looking to get round the Planning Reg's just to find out if the Engineer is correct.

mal_1

martinn123 wrote: »

Hi Guys,I have some land in Fingal, which is zones RC ( residential cluster ).The Dev Plan states that planning can be achieved if the applicant is from a Rural background. The Dev Plan does not mention ''local needs'' but I understand that is how the planners will interprite.The land has sufficient for 2 sites as the minimum is .2 hectares, and my Architect has had a discussion with planners and they would favour an outline application.My question is this, last evening I met socially, a senior engineer with the Loc Auth, and he informs me that if the land is advertised for 7/8 months and no purchaser locally, then the ''local needs'' restriction will not apply.He states that this is a regulation the Loc Auth did not close.........anyone any knowledge of this.I am NOT looking to get round the Planning Reg's just to find out if the Engineer is correct.

I couldn't confirm that the engineer is correct as I don't have an in-depth knowledge of the process, however am I aware of this procedure been used on quiet a large site in Fingal in past couple of years, which I was briefly involved with. Alas in the current climate nothing has come of it.

martinn123

mal_1 wrote: »

I couldn't confirm that the engineer is correct as I don't have an in-depth knowledge of the process, however am I aware of this procedure been used on quiet a large site in Fingal in past couple of years, which I was briefly involved with. Alas in the current climate nothing has come of it.

Thanks for that, any chance you could give me a few details, so I could look up the Application on the Co Co Web-site

mal_1

martinn123 wrote: »

Thanks for that, any chance you could give me a few details, so I could look up the Application on the Co Co Web-site

I will PM if that's ok.

snowey07

hey folks , some quick questions

are certs of compliance filed with an authority ? what happens if they are lost

I need one for a small extension built circa 1982 in order to draw down a mortagage but seller doesnt have it ( he inherited the house)

Im presuming there was one but can i just get a new one ?

cheers

mal_1

snowey07 wrote: »

hey folks , some quick questions

are certs of compliance filed with an authority ? what happens if they are lost

I need one for a small extension built circa 1982 in order to draw down a mortagage but seller doesnt have it ( he inherited the house)

Im presuming there was one but can i just get a new one ?

cheers

Certs are retained by solicitors or bank with other similar documents such as title deeds etc.

The chances are that a cert for small extension doesn't exist, as the likelihood of an engineer/ architect signing it off at the time is unlikely.

RKQ

It depends on the area of the extension to some extent. If it was over the limit (circa 21sqm) then it would have required Planning Permission. If this was the case then your L.A will have a copy of the permission & drawings on file. Retain a Professional to view the file, compare with extension on site & give an opinion on compliance with Planning Permission.

If its under a certain area, it will be exempted development. Retain a Professional to visit & inspect the extension and give an opinion on exempted development.

Both these avenues may have been explored by the previous buyers Solicitor or your Solicitor, during purchase, so make the necessary enquiries first.

As the extension was build in 1982 it is exempt from the Building Control Act 1991. However, there may have been L.A. by-laws that existed at that time, in your area. Enquire with L.A.

As always ensure your Professional has full Professional Indemnity insurance and always get 3 quotes for the work - ring around.:)

snowey07

mal_1 wrote: »

Certs are retained by solicitors or bank with other similar documents such as title deeds etc.

The chances are that a cert for small extension doesn't exist, as the likelihood of an engineer/ architect signing it off at the time is unlikely.

Thanks for the quick reply.

Surveyers say it needs permission, solicitor says it doesnt and its too long since it was built but the bank are insisting on cert of compliance as a loan condition.

It measures 4.3 metres by 3.00 metres and leaves a very small amouint of outside space( hence my earlier post) and was built in 1982 with a corporation grant. But.... no one can prove it was built in 1982.

would it be possible just to get a cert of compliance/exemption from an architect?

muffler

Get an up to date cert from an AT/arch/eng. and that will cover all.

Chances are that you will be asked for some form of up to date certification in any event.

RKQ

snowey07 wrote: »

Thanks for the quick reply.

It measures 4.3 metres by 3.00 metres and leaves a very small amouint of outside space( hence my earlier post) and was built in 1982 with a corporation grant. But.... no one can prove it was built in 1982.

I can not answer specific questions about your site, as I have not inspected it. However, the floor area seems exempt. Height of eaves or roof ridge needs to be confirmed. I am unaware of any "minimum" yard or garden size in 1982.

Again retain an experienced professional, familiar with 1982 L.A. bye-laws in your area.
Planning Laws as existed in 1982, can easily be checked.

Its normal for a Seller to give a sworn statement that a extension was built on a cetain date, as part of a property sale.

It is possible to get an opinion on the extension as it exists today, regarding planning permission / exemption etc.

mal_1

snowey07 wrote: »

Thanks for the quick reply.

Surveyers say it needs permission, solicitor says it doesnt and its too long since it was built but the bank are insisting on cert of compliance as a loan condition.

It measures 4.3 metres by 3.00 metres and leaves a very small amouint of outside space( hence my earlier post) and was built in 1982 with a corporation grant. But.... no one can prove it was built in 1982.

would it be possible just to get a cert of compliance/exemption from an architect?

Regarding the dates the relevant regulations if built in 82 would be 1977; SI No. 65/1977 at which point the exempt size would have been 18m2, and as RKQ points out these regs didn't have a remaining area.