Planning issues - post them here MOD WARNING post #1

Mellor

Sorry, for some reason my brain skipped the word "inside". So I just read it as measure outside all around.
It was just just before quitting time, obviously not functioning.

muffler

Mellor wrote: »

Sorry, for some reason my brain skipped the word "inside". So I just read it as measure outside all around.
It was just just before quitting time, obviously not functioning.

Its your bedtime now Mellor so dont be burning the midnight oil in Oz

mj_mam

Hi, new on here!

Would love to hear of anyone who has been granted planning in Co. Kilkenny lately? What did the council look for/change if anything?
We're sending in application this week, so really nervous!

BryanF

mj_mam wrote: »

Hi, new on here!

Would love to hear of anyone who has been granted planning in Co. Kilkenny lately? What did the council look for/change if anything?
We're sending in application this week, so really nervous!

if your arch has liaised with the local engineer and had pre-planning discussions with the local area planner, that's all you can do.. best of luck

sydthebeat

mj_mam wrote: »

Hi, new on here!

Would love to hear of anyone who has been granted planning in Co. Kilkenny lately? What did the council look for/change if anything?
We're sending in application this week, so really nervous!

+1 on bryans post

do we assume your applying for a rural one off dwelling?

percolation area sizing is a big thing in kilkenny, ensure at least 20m per person, and count persons based on bed numbers ie a double bedroom is 2 persons. So a standard 4 double bed dwelling will require 160 m of piping.

IIRC kilkenny also require a provisional DEAP assessment carried with the results sheet included with the application.

tom1ie

This could be a long one so keep with me !
In the process of buying a house that has an extension built over the garage to the front of the house.
House was built in 1967.
Sometime between 1967 and 1977 this extension was built.
Planning permission cannot be found even though they have employed an architect to investigate, although he did come up with a document from "dublin county council" confirming the release of a final grant for the extension.
Solicitor says because of the length of time the extension is up it is "statue barred", meaning sdcc cant tell you to pull it down.
We asked her are we gonna have problems selling the property in the future because of this, (even though we dont intend to), to which she replied, she doesn't know.
Solicitor also recommends NOT applying for retention planning permission as "this could open up a can of worms":(
What do you guys think of this are we taking a massive risk even though we know the extension is safe from sdcc.

loremolis

Does anyone know of any applications for duration of planning permission that was made for a large scale commercial/retail development in the Greater Dublin Area in the past 12 months (or so)?

I'm interested to know whether the planning authority asked any questions regarding compliance of the development with regard to changes in Development Plans, Regional Guidelines, Policy, Ministerial orders etc.

Thanks.

sydthebeat

tom1ie wrote: »

This could be a long one so keep with me !
In the process of buying a house that has an extension built over the garage to the front of the house.
House was built in 1967.
Sometime between 1967 and 1977 this extension was built.
Planning permission cannot be found even though they have employed an architect to investigate, although he did come up with a document from "dublin county council" confirming the release of a final grant for the extension.
Solicitor says because of the length of time the extension is up it is "statue barred", meaning sdcc cant tell you to pull it down.
We asked her are we gonna have problems selling the property in the future because of this, (even though we dont intend to), to which she replied, she doesn't know.
Solicitor also recommends NOT applying for retention planning permission as "this could open up a can of worms":(
What do you guys think of this are we taking a massive risk even though we know the extension is safe from sdcc.

its the job of the seller to sort out all planning permissions, certifications etc.
so you ask

are we gonna have problems selling the property in the future because of this

well, you'll have the very same problems you have now. If the situation is not rectified you'll be expecting someone to purchase a product thats "not clean" the same way you are being expected to purchase an unclean product.

my advice would be, in a perfct world, to tell your solicitor that you want the seller to commence an application to retain... if they want you to bu. then wait until the application has been granted or refused and then make your purchasing decision.

again just to reinforce, its up to the seller to ensure that product is certifed and 'clean' to sell.

In todays market, the buyer is king... why burden yourself with such a problem?

Poor Uncle Tom

tom1ie wrote: »

...although he did come up with a document from "dublin county council" confirming the release of a final grant for the extension.

Are you referring to a final grant of planning permission or a final grant of funds to build the extension?

This needs to be cleared up before proceeding.

If there is planning permission, there will be a record of it somewhere. If there is not ant planning for it, retention planning permission should only be a formality, but it is the same as any application for planning permission, it is open to third party observations and objections.

Just to add that if there is no planning permission for the extension while it may be "statute barred" it would be an unauthorised development until such time as the planning permission is regularised.

Advice: Since you are in the process of buying this property it would be wise to insist that the seller regularise the planning permission situation before you complete negotiations.

tom1ie

Poor Uncle Tom wrote: »

Are you referring to a final grant of planning permission or a final grant of funds to build the extension?

This needs to be cleared up before proceeding.

If there is planning permission, there will be a record of it somewhere. If there is not ant planning for it, retention planning permission should only be a formality, but it is the same as any application for planning permission, it is open to third party observations and objections.

Just to add that if there is no planning permission for the extension while it may be "statute barred" it would be an unauthorised development until such time as the planning permission is regularised.

Advice: Since you are in the process of buying this property it would be wise to insist that the seller regularise the planning permission situation before you complete negotiations.

Thanks for you replys!
If i insist they apply for retention do you have any idea how long that'd take?

Poor Uncle Tom

tom1ie wrote: »

Thanks for you replys!
If i insist they apply for retention do you have any idea how long that'd take?

If it's a straight forward application it should be through within 8 weeks from the date a valid application is lodged with the LA. It can drag out if the council think enough information or detail were not submitted and they have to come back and request it.

Poor Uncle Tom

loremolis wrote: »

Does anyone know of any applications for duration of planning permission that was made for a large scale commercial/retail development in the Greater Dublin Area in the past 12 months (or so)?

I'm interested to know whether the planning authority asked any questions regarding compliance of the development with regard to changes in Development Plans, Regional Guidelines, Policy, Ministerial orders etc.

Thanks.

That's a fairly specific request but a trawl through the council's Gplan or Eplan should make short work of it for you.

mj_mam

sydthebeat wrote: »

+1 on bryans post

do we assume your applying for a rural one off dwelling?

percolation area sizing is a big thing in kilkenny, ensure at least 20m per person, and count persons based on bed numbers ie a double bedroom is 2 persons. So a standard 4 double bed dwelling will require 160 m of piping.

IIRC kilkenny also require a provisional DEAP assessment carried with the results sheet included with the application.

Thanks guys, yes a rural one off dwelling, have to demolish old house first.
Architect has been great, very informative and seems to know loads in the right places. I suppose we've done all we can, all we can do now is wait!
Was just looking for positive stories, anyway cheers

loremolis

Poor Uncle Tom wrote: »

That's a fairly specific request but a trawl through the council's Gplan or Eplan should make short work of it for you.

I know but I thought I might get lucky.

You're right, I'd probably find a few if I went looking, thanks.

Poor Uncle Tom

loremolis wrote: »

I know but I thought I might get lucky.

Out of my jurisdiction sorry, some of the other regulars may be able to help.....

guy bono

Hope i'm in the correct thread. I have a neighbour who has a portaloo on our boundary for well more that a year. I believe he is using it as a permanent fixture. I have tried to get it resolved (i.e. asked him to move it to another part of his property and out of my view) in an amicable way, but no luck so far.

Aside from it being unsightly and unfriendly, I was wondering what if any regulations govern the use of portaloos. thanks

BryanF

guy bono wrote: »

Hope i'm in the correct thread. I have a neighbour who has a portaloo on our boundary for well more that a year. I believe he is using it as a permanent fixture. I have tried to get it resolved (i.e. asked him to move it to another part of his property and out of my view) in an amicable way, but no luck so far.

Aside from it being unsightly and unfriendly, I was wondering what if any regulations govern the use of portaloos. thanks

type into search engine '(name of your county/city followed by) council unathoritised development'

you'll get something like this:
http://www.offaly.ie/eng/Services/Planning/Unauthorised_Development/Unauthorised_Development_-_Complaint_Form.pdf
fill it out
best of luck

guy bono

BryanF - just done that. talked with person in County Council and complaint on its way. thanks for your help

newmug

BryanF wrote: »

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;)

How do you go about making such a complaint? Who do you complain to? Is it confidential or would the identity of the complainer be made public? If so, forget about it, there's no way I'd complain. Is there any things you can do that would be confidential, where would you find this stuff out?

muffler

newmug wrote: »

How do you go about making such a complaint? Who do you complain to? Is it confidential or would the identity of the complainer be made public? If so, forget about it, there's no way I'd complain. Is there any things you can do that would be confidential, where would you find this stuff out?

If you feel strongly enough about it then what does it matter if your details are made public or not?












details are private btw

BryanF

newmug wrote: »

How do you go about making such a complaint?

email your local TD

newmug

muffler wrote: »

If you feel strongly enough about it then what does it matter if your details are made public or not?
details are private btw

It just does. It could cause years of hardship for me in the area. Is there anything else you can do that would draw attention to unauthorised planning that would also guarantee that your ID is not revealed? I dont trust the "usual" channels, shall we say.

tom costigan

do i need planning permission two upgrade a septic tank system

Poor Uncle Tom

tom costigan wrote: »

do i need planning permission two upgrade a septic tank system

Yes.

joebaker20

Hi all,

I plan to purchase a site that has full planning permission on it. The person who sought planning previously, has since left the country and decided not to build. So the site is back up for sale. As the house is much larger than I would want or need, I will have to reapply for PP for my own house.

The prosposed site is bordered by the Settlement Boundary of a small town and is zoned as "other settlement land". This site is the adjoining site to my home/parents house which is also within the settlement boundary.

I currently live in a housing estate in a house bought by my wife before we were married. This also is within the settlement boundary. How will i fair out regarding housing need etc and will I run into trouble with planning? Will it be a problem that my wife already owns a house? Should I apply on my own? Not sure what to do as we have always wanted to build as space is tight at our current residence.

Located in Clare.

Cheers

BryanF

joebaker20 wrote: »

How will i fair out regarding housing need etc and will I run into trouble with planning? Will it be a problem that my wife already owns a house? Should I apply on my own? Not sure what to do as we have always wanted to build as space is tight at our current residence.

Located in Clare.

Cheers

get an arch/planning consultant to view the actual situation and be clear on the distances involved, he'll review the previous application and submit the info to your local planner in writing - concentrate on the fact that your family are next door and take his advice on whether applying on your own would be more favourable.. expect a few weeks waiting to here from the LA and only except a response in writing

joebaker20

BryanF wrote: »

get an arch/planning consultant to view the actual situation and be clear on the distances involved, he'll review the previous application and submit the info to your local planner in writing - concentrate on the fact that your family are next door and take his advice on whether applying on your own would be more favourable.. expect a few weeks waiting to here from the LA and only except a response in writing

Hi BryanF, thank you for your reply.

What do you mean by "distances involved"? The proposed site, parents house and wifes house are all within the settlement boundary of the same town. I've had a look over the planning application from the previous guy and he did not seem to have any issues when he recieved planning. He too was from inside the boundary, although its his familys land if that makes any difference?

BryanF

the distances may not particularly relevant to situations within settlement boundary, depending on whats stated in the development plan - without more detail the point I was making is you would be best to get someone who does this regularly to make the enquires and submit planning application on your behalf.

rocksby

Check the previous permission granted. If there is no occupancy condition to that applicant then you will only need to apply for a change of house design and housing need will not be an issue. You should also check the expiration date of that permission and if it expires shortly i.e. within next year you should look for an extension of duration.

joebaker20 wrote: »

Hi all,

I plan to purchase a site that has full planning permission on it. The person who sought planning previously, has since left the country and decided not to build. So the site is back up for sale. As the house is much larger than I would want or need, I will have to reapply for PP for my own house.

The prosposed site is bordered by the Settlement Boundary of a small town and is zoned as "other settlement land". This site is the adjoining site to my home/parents house which is also within the settlement boundary.

I currently live in a housing estate in a house bought by my wife before we were married. This also is within the settlement boundary. How will i fair out regarding housing need etc and will I run into trouble with planning? Will it be a problem that my wife already owns a house? Should I apply on my own? Not sure what to do as we have always wanted to build as space is tight at our current residence.

Located in Clare.

Cheers

Newbienew

Hi guys,
Am hoping someone can help me out. Long story short. We have made an offer on a bungalow built in 1976 and all was going fine until the solicitor emailed this evening saying that there was an issue with the original planning of the house. Basically there is a garage incorporated onto the house but on the original plans the garage was to be behind/beside the house. Now, our solicitor is saying that the owners will have to apply for planning permission for this change and that we will be held up for a further 2-3 months.

My questions are firstly, do the owners need to apply for planning if the building has been constructed for over 30 years and secondly, if they do will it take that length of time? This process has been going on since December so we are getting anxious now