Planning issues - post them here MOD WARNING post #1

muffler

Newbienew wrote: »

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

From what you have described then yes, retention planning permission will be required. It will most likely take 3 month and perhaps a little longer to get the permission.

The length of time that the garage has been there is irrelevant. This is a topic that arises fairly often in this forum and some people think that it doesn't need permission after a certain period of time but as the old saying goes....a little knowledge is a dangerous thing.

Because the change has been in existence for more than 7 years and the council have not contacted the owners then the council are statutory barred from taking legal proceedings in respect of the unauthorised development. However the garage is still unauthorised and does not have planning permission and that situation must now be regularised.

Not the answer you wanted but look, it's not a major issue. Talk to your solicitor and explore options of taking up occupancy with retention of a certain percentage of the sale money as an example. There are several options open to you.

Best of luck with it.

muffler

Mod hat on: Just a quick reminder (again). When replying to a post here please quote that post as its easier then for everyone to follow the various issues being raised in this thread, Thanks.

Newbienew

Thank you so much for the reply Muffler. Retention permission waiting time is not what I wanted to hear but atleast I know now and have to deal with it The retention of some of the sale money is a good idea too (one that I would never have thought of!) so maybe it might work out for us

Thanks again, it was much appreciated

muffler

Newbienew wrote: »

Thank you so much for the reply Muffler. Retention permission waiting time is not what I wanted to hear but atleast I know now and have to deal with it The retention of some of the sale money is a good idea too (one that I would never have thought of!) so maybe it might work out for us

Thanks again, it was much appreciated

No problem. Glad to help

stoneill

Planning permission - not exactly refused but require more information.

We needed to move the site approx 1.5 meters to prevent damage to an existing hedgerow. No issue there
In the letter from SDCC they say our original submitted landscape plans are acceptable. These plans were done by a Landscape Gardner.

In the next paragraph they say that a suitably qualified Landscape Architect must submit plans.

Do I really need a landscape architect? Just for a few shrubs and trees?

Mellor

stoneill wrote: »

Planning permission - not exactly refused but require more information.

An RFI is nothing like a refusal. Don't be worrying abotu this.

We needed to move the site approx 1.5 meters to prevent damage to an existing hedgerow. No issue there
In the letter from SDCC they say our original submitted landscape plans are acceptable. These plans were done by a Landscape Gardner.

In the next paragraph they say that a suitably qualified Landscape Architect must submit plans.

Do I really need a landscape architect? Just for a few shrubs and trees

Can you post the exact wording of both sectinos, as its sounds strange. But they are prob requesting a mroe detailed plan

sydthebeat

stoneill wrote: »

Planning permission - not exactly refused but require more information.

We needed to move the site approx 1.5 meters to prevent damage to an existing hedgerow. No issue there
In the letter from SDCC they say our original submitted landscape plans are acceptable. These plans were done by a Landscape Gardner.

In the next paragraph they say that a suitably qualified Landscape Architect must submit plans.

Do I really need a landscape architect? Just for a few shrubs and trees?

the key wording here is "suitably qualified"....it depends on what the local authority accept.
I am an architectural technician and i often submit landscaping plans as part of planning applications..... even though its not an area in which i would be specifically trained.

If your designer cannot do it, contact local gardener who have some kind of horticultural qualification. These designs for planning usually cost in the region of €300 (make sure they have done these planning submissions before). I wouldnt ask for anything more detailed than that until construction stage.

maryferr

Hello,

First post - I hope I'm in the right place...

Anyway, recently received planning permission for a house on a large site. We now would like to move the location of the house approximately 20m across the site. If this revised application (i.e. moving house location) is refused can we revert to the already granted permission?

Really appreciate any advice...!

Poor Uncle Tom

maryferr wrote: »

Hello,

First post - I hope I'm in the right place...

Anyway, recently received planning permission for a house on a large site. We now would like to move the location of the house approximately 20m across the site. If this revised application (i.e. moving house location) is refused can we revert to the already granted permission?

Really appreciate any advice...!

Yes, the planning permission granted is a legal document in it's own right under the Planning & Development Act 2000. Regardless of other planning permissions if you choose to build to the one that is there now it will take precedence.

maryferr

Thank you for the welcome advice - had been advised that a new planning application would supersede the previous one, deeming the granted permission obsolete.

If this was the case we would not reapply. However small the chance of being refused, the impact of no permission on a very overpriced site would be too much of a risk.

Poor Uncle Tom

maryferr wrote: »

Thank you for the welcome advice - had been advised that a new planning application would supersede the previous one, deeming the granted permission obsolete.

If this was the case we would not reapply. However small the chance of being refused, the impact of no permission on a very overpriced site would be too much of a risk.

Your application for change of house location would most likely be linked via condition to the existing planning permission meaning both would apply.

But, the first planning permission can always be used on its own.

stoneill

Just got planning approved - next steps is to go touting for quotes, already had some enquiries from enterprising builders trawling the planning application in SDCC. May be a long slow process - I need to free up capital in my existing home to fund the build.

BryanF

stoneill wrote: »

Just got planning approved - next steps is to go touting for quotes,

NO, next step is to get a detailed tender package together;)

maryferr

Thanks very much for your help and advice on this. Much appreciated!!

Coga

I apologise in advance if I am incorrect in posting here - newbie but long time observer. I'm currently at design stage and am wondering as to how difficult it is to secure planning permission for a balcony with Cork County Council Planning Department. There are no houses at the front, back or to the left of the site. A house is located to the right of the site but there is a boundary of 6 foot high trees between the site and our neighbours.
Thanks in advance

BryanF

Coga wrote: »

how difficult it is to secure planning permission for a balcony... There are no houses at the front, back or to the left of the site. A house is located to the right of the site but there is a boundary of 6 foot high trees between the site and our neighbours.

you've left out one important piece of info - which way does the proposed balcony face/overlook? it generally depends on neighbours objections/comments and maybe the planners taste depending on location/architectural merit. make sure its not overlooking your neighbours and be pre-emptive in explaining this at pre-planning stage.

splashthecash

stoneill wrote: »

Just got planning approved - next steps is to go touting for quotes, already had some enquiries from enterprising builders trawling the planning application in SDCC. May be a long slow process - I need to free up capital in my existing home to fund the build.

Congrats! I'm in planning at the moment - got it back with them looking for additional information. Most of it is doable but they are asking for over 100 metres of hedgerow to be removed from the land on the right hand side of our site...its owned by a different person and he is not willing to remove it...can't blame him to be honest. I think its a ridiculous amount to ask someone to remove!

So I'll get a letter from him stating that he wont do it and send it in along with our other additional information "fixes".... I don't think they'll back down though....gutted

muffler

The last 3 posts have been moved from the Live Self-Builds thread where they were off topic.

Coga

BryanF wrote: »

you've left out one important piece of info - which way does the proposed balcony face/overlook? it generally depends on neighbours objections/comments and maybe the planners taste depending on location/architectural merit. make sure its not overlooking your neighbours and be pre-emptive in explaining this at pre-planning stage.

Thanks BryanF, once again really appreciate your reply and advice. The proposed balcony is at the rear of the dwelling and facing the back of the site which has no dwelling, just a field. Our neighbours are positioned to the let of the site - left side of the balcony may possibly be viewed by our neighbours but the 6 ft boundary of trees will hopefully provide sufficient privacy.We have discussed this matter with our neighbours who have assured us that they have no problem with the construction of a balcony. Would it be advisable to submit photographs of the 6ft trees, letter from neighbours outlining that they have no objection to a balcony being constructed etc?

BryanF

splashthecash wrote: »

Congrats! I'm in planning at the moment - got it back with them looking for additional information. Most of it is doable but they are asking for over 100 metres of hedgerow to be removed from the land on the right hand side of our site...its owned by a different person and he is not willing to remove it...can't blame him to be honest. I think its a ridiculous amount to ask someone to remove!

So I'll get a letter from him stating that he wont do it and send it in along with our other additional information "fixes".... I don't think they'll back down though....gutted

they have their reasons, for requiring adeqaute site-lines..

BryanF

Coga wrote: »

Thanks BryanF, once again really appreciate your reply and advice. The proposed balcony is at the rear of the dwelling and facing the back of the site which has no dwelling, just a field. Our neighbours are positioned to the let of the site - left side of the balcony may possibly be viewed by our neighbours but the 6 ft boundary of trees will hopefully provide sufficient privacy.We have discussed this matter with our neighbours who have assured us that they have no problem with the construction of a balcony. Would it be advisable to submit photographs of the 6ft trees, letter from neighbours outlining that they have no objection to a balcony being constructed etc?

photos maybe, neighbour letter no. I have successfully incorporated balcony's in similar situations. just have your pre-planning and raise the it with them, then pull out the photos if required. best of luck

dogg_r_69

Hi, just wondering if anyone has advice here. I've applied for planning and eventually granted from Cork CC after few hicups. All grand so far.... Then got a letter off Bord Pleanala saying there was an objection so we submitted a letter stating our case and the decision date was in Feb. When the date came we got a letter saying it was deferred till March and now in March I got another letter deferring it again but with no new decision date. It says in the letter its deferred because of staffing which I could maybe understand but still giving no new date is a little frustrating....... Just wondering if anyone had similar experiences or advice....
Thanks

BryanF

ye ABP cut-backs just like the rest of the public service

dogg_r_69 wrote: »

Just wondering if anyone had similar experiences or advice....
Thanks

yes, there's very little you can, just hang-on in there

born2bwild

born2bwild wrote: »

Someone's building a shed that backs directly onto my back garden. It's huge; a brick wall four metres in height. Can't find any record of planning permission (Fingal CC). Left messages on the owner's phone: no answer. This can not be legal. Is it?

Well, I queried this to the council - according to them the shed was only 3.5 metres on 'his' side of the wall - it's exactly 4m on mine. So, the shed remained.

Now, it has become obvious that this is not a 'shed'. There is a satellite dish on the structure, lights are on all the time in it and there are 3 cars in the driveway. There are people living in this shed.

Essentially, this chap has built extra accommodation for people (who?) at the foot of a standard semi-D back garden.

sydthebeat

born2bwild wrote: »

Well, I queried this to the council - according to them the shed was only 3.5 metres on 'his' side of the wall - it's exactly 4m on mine. So, the shed remained.

Now, it has become obvious that this is not a 'shed'. There is a satellite dish on the structure, lights are on all the time in it and there are 3 cars in the driveway. There are people living in this shed.

Essentially, this chap has built extra accommodation for people (who?) at the foot of a standard semi-D back garden.

well, in light of this from an bord pleanala im not sure what options you have

Corkblowin

You will need to make a submission to the local authority stating that the structure is being used for habitable accommodation. As syd says, perhaps it's being used by members of the family as a den or something and so it could be said to be ancillary to the enjoyment of the main dwelling. However if it's being rented out to third parties or used as a granny flat then they've created a separate dwelling without planning permission and could be subject to enforcement proceedings.

When the council get your submission they'll write to the householder stating that they've received a complaint and asking for their response. They won't say who made the complaint, but from what you've said it sounds like your neighbour would guess its you.

Take pics of the structure showing the satellite dish etc, just in case they are removed upon receipt of a query from the council.

Suckler

Posting here as some of you may have had this issue:
The site I own is just over one acre; the neighbouring farm has a slatted shed built beside one corner. If I was to apply for planning permission, what is the minimum distance the dwelling can be from his shed?

mal_1

Suckler wrote: »

Posting here as some of you may have had this issue:
The site I own is just over one acre; the neighbouring farm has a slatted shed built beside one corner. If I was to apply for planning permission, what is the minimum distance the dwelling can be from his shed?

I would have come across the reverse on a number of occasions. ie trying to build an agricultural shed a set distance away from a dwelling house. The distances are different with each Co Co and may be set out in the development plan, and are also dictated by the types of agriculture proposed, or in your case in existence. example pigs units may need to be further away. From memory I had a 100m & 150m exclusion diameter on two different jobs so maybe best to contact the local planning officer.

Bear in mind if they require planning in the future for expansion these distances come into play,

Also you are building the house for yourself, so what would you be happy with.

rayjdav

Suckler wrote: »

Posting here as some of you may have had this issue:
The site I own is just over one acre; the neighbouring farm has a slatted shed built beside one corner. If I was to apply for planning permission, what is the minimum distance the dwelling can be from his shed?

The Planning Regs states 100m from any house, other than the person who owns the structure, save for written consent to reducing the distance, from say an dajoining land owner.

Basically, if your happy with it:eek:, just submit a letter saying that with application.

Covered under the attached under PART 3 Exempt. Dev. Rural Class 6.

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

Mellor

born2bwild wrote: »

Now, it has become obvious that this is not a 'shed'. There is a satellite dish on the structure, lights are on all the time in it and there are 3 cars in the driveway. There are people living in this shed.

Essentially, this chap has built extra accommodation for people (who?) at the foot of a standard semi-D back garden.

You don't know that there are people living in the shed. You are only speculating.
3 cars to a family is hardly unheard of.
If its a den/study/hobby room, then there is nothing wrong with having satelite TV.

Basically it coems down to weather or not soembody is sleeping in it permanently