Planning issues - post them here MOD WARNING post #1

hrta

Hi,
Guidance needed, what planning would i need for an airsoft sports site, in fingal co, i have been running a site for 1 year, at this site, but have been running airsoft for near 5 years. but i am now in court next month for no planning, thanks.
Paul.

muffler

hrta wrote: »

Hi,
Guidance needed, what planning would i need for an airsoft sports site, in fingal co, i have been running a site for 1 year, at this site, but have been running airsoft for near 5 years. but i am now in court next month for no planning, thanks.
Paul.

You've left it a bit late as far as the court is concerned anyhow. But you will need to apply for retention permission. There will be issues that will arise such as noise pollution, traffic safety etc etc so you should engage an architect/engineer/architectural technician to get the ball rolling.

hrta

muffler wrote: »

You've left it a bit late as far as the court is concerned anyhow. But you will need to apply for retention permission. There will be issues that will arise such as noise pollution, traffic safety etc etc so you should engage an architect/engineer/architectural technician to get the ball rolling.

I did apply for pre planning meeting with the planning officer, over a year ago, but still no word back for a date for the meeting.

hrta

I forgot to add, i did meet the planning officer last week at the court, so i asked why do i need planning, and other airsoft sites don't need planning, and he said because i have portacabins on the site.

BryanF

hrta wrote: »

Hi,
Guidance needed, what planning would i need for an airsoft sports site, in fingal co, i have been running a site for 1 year, at this site, but have been running airsoft for near 5 years. but i am now in court next month for no planning, thanks.
Paul.

jazzus boy, PM me for the number of a good but expensive planning consultant, he may be willing to talk to you and help with your planning application but will probably suggest someone else to help for your court date:)

anjisbuild

tdiman wrote: »

Hi all,

Hoping to build our home, starting later this year. Ideally would lke to be in it next year at some point.

1. Have a site, which is elevated from the road. We want to build a 2 storey house. How do we avoid / get around planning restrictions (which have become very limiting).
2. We have the layout of the house we want, what are the next steps? We wnt to avoid paying out a small fortune to an architect if there is little hope of getting the planning pemission.

All comments/ suggestions / answers are welcome.

TDI

Id recommend getting an architect who can guide you through what can and cant work - got planning after 2 years and sorry now I didnt get an architect at the beginning. Also, arrange a pre-planning meeting with the council and ask exactly what they will allow- you can ask them them to come out to the site to see where it is and how elevated - they do this for free.

focus_mad

hrta wrote: »

I forgot to add, i did meet the planning officer last week at the court, so i asked why do i need planning, and other airsoft sites don't need planning, and he said because i have portacabins on the site.

PM sent

zelemon

Has anyone gone through the process of changing the name of a planning applicant in order to reverse a residency clause. is it a form of retention or a new application? The house in question is complete?

BryanF

you can't

zelemon wrote: »

reverse a residency clause.

its an interesting question if you mean simply change the residency cause name?
you may be able to approach the council showing your case for residential legitimacy.. and then broach the subject above... that's a good quesiton..

zelemon

Council have been approached & they are insisting a new application is made. The only question is what type of planning application is it? retention?

muffler

zelemon wrote: »

Has anyone gone through the process of changing the name of a planning applicant in order to reverse a residency clause. is it a form of retention or a new application? The house in question is complete?

The clause would have applied to the original applicant but you would have to read the conditions on the PP to know for sure.

There's a possibility that the condition re residency may have been worded in such a way that it applies to the person who is entitled to take up the benefit of the permission - basically anyone who would have been entitled to get permission in their own right and qualified to fulfill the residence clause.

A quick phone call to the local planning office would clarify this.

muffler

zelemon wrote: »

Council have been approached & they are insisting a new application is made. The only question is what type of planning application is it? retention?

I wouldn't even hazard a guess at that as the details would be in your local County Development Plan and you should really clarify this with the planners.

newmug

Hi all. Can you build a house / cottage without permission if its below a certain size?

I know a few people who did this, just bought an acre of land, and stuck up a 2 roomed cottage type dwelling, about 3m x 4m in size. They claim its legal if it only has 1 door, doesnt face a road, and has no toilet. I think they're wrong and they just havent drawn any attention cos their houses look like sheds. Is it them or me who's way off the mark?

Poor Uncle Tom

newmug wrote: »

Hi all. Can you build a house / cottage without permission if its below a certain size?

I know a few people who did this, just bought an acre of land, and stuck up a 2 roomed cottage type dwelling, about 3m x 4m in size. They claim its legal if it only has 1 door, doesnt face a road, and has no toilet. I think they're wrong and they just havent drawn any attention cos their houses look like sheds. Is it them or me who's way off the mark?

You are right, you cannot build a dwelling house, of any size, without planning permission.

Certain extensions to a dwelling house are exempted from planning permission, but not a house itself.

muffler

newmug wrote: »

They claim its legal if it only has 1 door, doesnt face a road, and has no toilet.

And that's what makes the grass grow greener on the prairie.










and also on the cottage floor

BryanF

newmug wrote: »

Hi all. Can you build a house / cottage without permission if its below a certain size?

I know a few people who did this, just bought an acre of land, and stuck up a 2 roomed cottage type dwelling, about 3m x 4m in size. They claim its legal if it only has 1 door, doesnt face a road, and has no toilet. I think they're wrong and they just havent drawn any attention cos their houses look like sheds. Is it them or me who's way off the mark?

i think you should approach a arch and get something designed and submitted for planning

BryanF

newmug wrote: »

Hi all. Can you build a house / cottage without permission if its below a certain size?

I know a few people who did this, just bought an acre of land, and stuck up a 2 roomed cottage type dwelling, about 3m x 4m in size. They claim its legal if it only has 1 door, doesnt face a road, and has no toilet. I think they're wrong and they just havent drawn any attention cos their houses look like sheds. Is it them or me who's way off the mark?

There you go BryanF

ascetic steve

Hi, Looking at buying very old (not derelict) cottage on site with a view to demolish and new build of passive-type dwelling. Seller not too interested in selling subject to planning, so could I ask what is best course of action here? Was thinking to do site suitability and then a pre-planning meeting to get an idea of whats possible. I've read enough of this thread to know that it can never be certain, no matter what you hear at pre-planning, but what I'd really like to know before purchase is if the demolish of existing will be allowed? I'm not sure how it would work out from a passivity point of view if it I had to do a renovate/extend, also probably lots of extra costs too?

newmug

Poor Uncle Tom wrote: »

You are right, you cannot build a dwelling house, of any size, without planning permission.

Certain extensions to a dwelling house are exempted from planning permission, but not a house itself.

BryanF wrote: »

i think you should approach a arch and get something designed and submitted for planning

Well how are these chancers getting away with it? Is it just a Meath co. co. thing? I did ask an arch once, and he said its do-able, but it wouldnt be worth it. So whats the deal?

BryanF

ascetic steve wrote: »

Hi, Looking at buying very old (not derelict) cottage on site with a view to demolish and new build of passive-type dwelling. Seller not too interested in selling subject to planning, so could I ask what is best course of action here? Was thinking to do site suitability and then a pre-planning meeting to get an idea of whats possible. I've read enough of this thread to know that it can never be certain, no matter what you hear at pre-planning, but what I'd really like to know before purchase is if the demolish of existing will be allowed? I'm not sure how it would work out from a passivity point of view if it I had to do a renovate/extend, also probably lots of extra costs too?

from my experience the planners won't give info or an opinion when the site is on the market and not in the ownership of the person seeking the pre-planning.. maybe making a representation on behalf of the owner (with his permission) would be the way to go.. the safest thing would be to only purchase, on receipt of a grant permission.
re demolishing, you need to talk to the planners.. refurbishment is generally preferred, it can be done to a good standard, but what you've got consider here is the condition of existing building/ structure.. i haven't seen it so its hard to comment.

BryanF

newmug wrote: »

Well how are these chancers getting away with it? Is it just a Meath co. co. thing? I did ask an arch once, and he said its do-able, but it wouldnt be worth it. So whats the deal?

less than 15% of buildings are visited by building control. and you have to fill out a lengthy form to highlight an unauthorised development before the council guys will come out to visit. so, to sum-up: we have little or no building control, and we like to complain but rarely to the relevant authority;)

No6

ascetic steve wrote: »

Hi, Looking at buying very old (not derelict) cottage on site with a view to demolish and new build of passive-type dwelling. Seller not too interested in selling subject to planning, so could I ask what is best course of action here? Was thinking to do site suitability and then a pre-planning meeting to get an idea of whats possible. I've read enough of this thread to know that it can never be certain, no matter what you hear at pre-planning, but what I'd really like to know before purchase is if the demolish of existing will be allowed? I'm not sure how it would work out from a passivity point of view if it I had to do a renovate/extend, also probably lots of extra costs too?

Has the cottage been lived in in the last 5 years if not then its technically derlict, It's a buyers market at the moment so I'd stick to your guns on the subject to planning, they probably will not get another offer anyway. Get a good local Architect, Technologist or Engineer who knwos the local planning regieme and they will be able to guide you. In terms of passive it is far simpler and less costly to start from scratch, there is a lower retrofit standard but its still hard to achieve with an existing building. Best of luck!!

scatter

The council granted f.p.p to our neighbour,BUT another"neighbour " went to BP and it was turned down because they had "concerns "about visual impact of dwelling,i.e the house is on a secondary route but it can be seen from main road which is about a 1/2 mile away .Do BP not give a more detailed report about refusing an application other than they have"concerns" about the visibility of it from the main road.What dwelling isnt visible.This one bad egg has blighted our parish with their incessnt objections .

sydthebeat

scatter wrote: »

The council granted f.p.p to our neighbour,BUT another"neighbour " went to BP and it was turned down because they had "concerns "about visual impact of dwelling,i.e the house is on a secondary route but it can be seen from main road which is about a 1/2 mile away .Do BP not give a more detailed report about refusing an application other than they have"concerns" about the visibility of it from the main road.What dwelling isnt visible.This one bad egg has blighted our parish with their incessnt objections .

the bord DO provide a detailed inspectors report.

see here or use the search function to find the particular case.

There are many, many dwellings in rural ireland that are not 'visible' from main roads. There are very valid reasons for not granting permission based on visual impact.

tusmaith

Hello all,
this may have been answered previously but I cannot find an answer to my question.
I would like to put a window in my kitchen. The window will be on the existing side elevation of the house.
Do I need planning permission for this?
I have checked http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2 and this specific instance is not mentioned as to whether this would be exempt development. There are 2 exisiting windows at ground floor level of the house (one being frosted glass into a toilet) so overlooking technically shouldn't be an issue.
would any fellow boards users have thoughts / previous experience in this regard?
Any advice appreciated!
Thank you.

fallen01angel

Hi All,
Background to my story.I'm a farmer's daughter,living on the farm all my life,my brother farms the land and I help out whenever required.I don't own any property and was left 0.5 of an acre by my father. 99.5% of the land is zoned A1(with limited road access) with 1 field zoned A3,the A3 land is not viable for building so submitted the relevant documentation for planning permission which was shot down for a variety of reasons-the 2 main reasons were 1)fear of ribbon development and 2)zoning.
I had a meeting with the planner and had a look at the land site maps,he agreed that the A3 land was not suitable-issues with line of sight etc.Told me he would discuss with the senior planner and get back to my engineer.2 weeks later he informs us that basically it's tough luck,they won't accept anything other than A3 zoning and now he's transfered to a different area.My engineer advised me to take my case to local councillors and try to get them to plead my case which I did but has not aided me at all.
Words cannot describe how devastated/furious I am. My question is this-is there anything more I can do?,a friend told me to seek legal advise but I don't see how this would solve anything.I'm well and truely at my wits end.

BryanF

fallen01angel wrote: »

Hi All,
Background to my story.I'm a farmer's daughter,living on the farm all my life,my brother farms the land and I help out whenever required.I don't own any property and was left 0.5 of an acre by my father. 99.5% of the land is zoned A1(with limited road access) with 1 field zoned A3,the A3 land is not viable for building so submitted the relevant documentation for planning permission which was shot down for a variety of reasons-the 2 main reasons were 1)fear of ribbon development and 2)zoning.
I had a meeting with the planner and had a look at the land site maps,he agreed that the A3 land was not suitable-issues with line of sight etc.Told me he would discuss with the senior planner and get back to my engineer.2 weeks later he informs us that basically it's tough luck,they won't accept anything other than A3 zoning and now he's transfered to a different area.My engineer advised me to take my case to local councillors and try to get them to plead my case which I did but has not aided me at all.
Words cannot describe how devastated/furious I am. My question is this-is there anything more I can do?,a friend told me to seek legal advise but I don't see how this would solve anything.I'm well and truely at my wits end.

the approach taken by LA's and the general consensus of how rural housing should be designated goes something like this: sustainable development is not really compatible with one-off middle-of-nowhere housing due to the increased costs of services, waste treatment, road infrastructure, ruination of country side views etc:), as in if you cant walk to work, the shop and do with out a car, maybe you should not be looking to build there

may i ask which council/general location your in?
what reasons did you give the LA for building?
did you offer a more appropriate access or site option to appease the planners?

often you must provide the planners exceptional circumstances for why you should be allowed to build. one regularly used is that the parents are elderly and require help/support and therefore you need to build close to them, outlining that the existing house is not suitable etc..

Although this is not an easy solve, as you have already had an informal answer from them, I would seek help from an alternative source than an engineer (its more of an architectural / planning consultant matter). but don't go getting solictors or councillors involved just yet

best of luck

Gallant_JJ

fallen01angel wrote: »

Hi All,
Background to my story.I'm a farmer's daughter,living on the farm all my life,my brother farms the land and I help out whenever required.I don't own any property and was left 0.5 of an acre by my father. 99.5% of the land is zoned A1(with limited road access) with 1 field zoned A3,the A3 land is not viable for building so submitted the relevant documentation for planning permission which was shot down for a variety of reasons-the 2 main reasons were 1)fear of ribbon development and 2)zoning.
I had a meeting with the planner and had a look at the land site maps,he agreed that the A3 land was not suitable-issues with line of sight etc.Told me he would discuss with the senior planner and get back to my engineer.2 weeks later he informs us that basically it's tough luck,they won't accept anything other than A3 zoning and now he's transfered to a different area.My engineer advised me to take my case to local councillors and try to get them to plead my case which I did but has not aided me at all.
Words cannot describe how devastated/furious I am. My question is this-is there anything more I can do?,a friend told me to seek legal advise but I don't see how this would solve anything.I'm well and truely at my wits end.

I've recently got the go ahead from planners to lodge an application, for clients of ours, on zoned lands of a similar nature. It was quite a drawn out process, as our client had previously been refused PP for a dwelling on the grounds of under utilization of zoned land. We made a comprehensive submission regarding the zoning, which was well received and have since been given the go ahead to apply for PP, obviously that does not necessarily mean we will get it. A strong series of precedents in the area also helps, very time consuming though.

Planners also had an issue with ribbon development. Our solution was an introverted house based around a courtyard formed by the existing undulations of the land. Planners were happy with our response and gave us the thumbs up, again no guarantee but progress.

Let us know what part of the country you are in and hopefully I may be able to give you some advise. Hopefully it may help.

mmc2010

hey guys, I've got a problem:(. My husband and I were approved planning permission last year on his family land, which ultimately will be his. As his parents currently farm the land, they receive entitlements etc.
Our septic tank and percolation area will be in a separate field to where our house will be and we received planning on this basis.
What we hadn't realised at the time was that site went over the 1acre mark and therefore we were liable for CGT. My husband also didn't want to split the land so to speak and just wanted to get a transfer of the one field. We spoke, at length, to our engineer and solicitor about what our options were and they decided the best option was to resubmit for the planning of the one field where the house was and obtain a wayleave to the percolation area.
The engineer stated that this was only a technicality and there shouldn't be any issues getting it. In the meantime, the solicitor transferred the land to my husbands name on this basis with a wayleave to the percolation area. Unfortunately we have been refused the change of boundary planning with the council citing that it 'constitutes uncoordinated and substandard development and would act an undesirable precedence....'
Has anybody come across this before? can we do anything?

jay gatsby

Hey folks, any help appreciated here.

I am thinking of doing up my Da's house, 2 story stone. basically there was an extension added 30 years ago. i can make the original building work on its own and was thinking of converting the extension into a Granny flat type job for him. Connected to main house but with its own door/bathroom etc. (these have to be added now)

Does anyone know if the best route is to keep the whole unit as one house or whether to redraw the extension as seperate dwelling?

I am thinking of right of residence clauses in the future and so on.

Hope this makes sense