Planning issues - post them here MOD WARNING post #1

Poor Uncle Tom

phillywilly wrote: »

hello guys,

i wonder if i made a mistake?

i have just sent an email in confidence to the planner who is due to make a decision on my planning app in seven days time ?

i just said that i wanted him to know that the planning app is made in good faith and gave him some personal information that i didn't want on public file.

have i done anything wrong?

As stated is really can't do any harm and may even make things clearer to the planner. Also as stated the planner will log a print of the email onto the planning file for public viewing and list it as unsolicited further information.

muffler

phillywilly wrote: »

hello guys,

i wonder if i made a mistake?

i have just sent an email in confidence to the planner who is due to make a decision on my planning app in seven days time ?

i just said that i wanted him to know that the planning app is made in good faith and gave him some personal information that i didn't want on public file.

have i done anything wrong?

Sending the unsolicited info wont do your case any harm at all and could possibly have a positive impact.

As stated previously the email/letter will be scanned and put on the file where the public will have access to it. Planners assume that you are aware that any and all info supplied will become viewable by the public and therefore you were happy to have this info shared.

However in saying that I have seen numerous cases here in Donegal where certain info especially "personal" details contained in a letter has been "blacked out" prior to scanning. As an example I submitted a covering letter with a planning application last year where the client was looking for a second entrance to his property and to give some credence to the application I mentioned the fact that the client had only recently underwent a surgery for a hip replacement and had limited mobility but that bit of the letter was blacked out.

bonzos

Hi floks

I have a question regarding knocking an existing old house and building a new house on the exact same location (same shape,size..etc) How do the planners look at this kind of project? The existing building is beyond repair and I would rather start from scratch. The existing house extends back (L-shape) onto some old farm storage sheds which are attached to the house...could these also be knocked and rebuilt as part of the new house living area?

Thanks

sydthebeat

bonzos wrote: »

Hi floks

I have a question regarding knocking an existing old house and building a new house on the exact same location (same shape,size..etc) How do the planners look at this kind of project? The existing building is beyond repair and I would rather start from scratch. The existing house extends back (L-shape) onto some old farm storage sheds which are attached to the house...could these also be knocked and rebuilt as part of the new house living area?

Thanks

once theres documented proof (engineers report!) that the house is 'beyond repair' (see structurally unsound) then generally planners have no issue. Done go about it from the point of view of saying that its 'financially not viable' to renovate compared to rebuild... this kind of argument is usually not accepted.

the new house will have to be subject to the usual design guidelines.

as its a farm house, id suggest retaining the proportion of the front elevation and designing a more modern dwelling behind it.

spud65

spud65 wrote: »

Have planning but want to change plans for smaller house, got a quote today of 1000e for new plans to be drawn up by the architect of the original plans (cost 2000e) plus i pay extra for all planning fees, paper work,ect To me this sounds a bit steep.Got planning 3yrs ago. Now wondering can i just buy plans online and submit for planning myself as planing office has all the details from first application that they approved

went onto galway coco planning for applications that were granted an drew up a list of architects that got planning in my area (west of galway city) an after a few phone calls got one that done the drawings an submitted it all in for €550. no need for a new peculation test, an today got that phone call from architect that it was granted. i saved €500+ which will now pay for the drawings for the raft. not a good start

cappichino

looking for advice. Can anyone tell me how long a developer is liable for an estate and it's expenses. I am one of 5 houses in a small development . The first house sold 8 yrs ago and the last 2 yrs ago .Donegal Co Council has issued proceedings to get the developer to finish the estate particularly the bio treatment plant which is not working.
We our selves replaced 2 pumps at a total cost of €1000 as we were afraid of sewage building up .The second has failed again .Now we have recieved an ESB bill for running the pump which is addressed to the developer and is overdue 12 months .He has been paying this from day one.I am assuming he is still liable until the council state he has fulfilled his obligations .
Secondly, does anyone know if the county council always take over an estate once it's finished or are there exceptions

Poor Uncle Tom

cappichino wrote: »

looking for advice. Can anyone tell me how long a developer is liable for an estate and it's expenses. I am one of 5 houses in a small development . The first house sold 8 yrs ago and the last 2 yrs ago .Donegal Co Council has issued proceedings to get the developer to finish the estate particularly the bio treatment plant which is not working.
We our selves replaced 2 pumps at a total cost of €1000 as we were afraid of sewage building up .The second has failed again .Now we have recieved an ESB bill for running the pump which is addressed to the developer and is overdue 12 months .He has been paying this from day one.I am assuming he is still liable until the council state he has fulfilled his obligations .
Secondly, does anyone know if the county council always take over an estate once it's finished or are there exceptions

The estate is the developers responsibility until it is taken in charge by the Local Authority. This will not be done until the estate is finished in full. In your case it sounds as though the estate is a ways from being completed.

The Local Authority have a responsibility here to look after the residence, after all I'm sure they took contributions from the developer towards the development. There also should be a Bond in place that the Local Authority can claim to finish off the estate and take it over.

You also need to check with your own solicitor to see if there was meant to be any management company set up to oversee the maintenance of the estate, if so all the residents may have a financial commitment towards the running of same. Your solicitor should also have an undertaking in place from the developers as to completion dates for the services, roads, sewers, footpaths, lawns, landscaping, lighting, etc. If the developer has broken those dates what comeback have the solicitors written into the contracts for purchase on your behalf?

avfc1874

hi we were thinking of getting a sunroom built something like 10ft by 16ft. would you need planning permission for this /thanks

muffler

avfc1874 wrote: »

hi we were thinking of getting a sunroom built something like 10ft by 16ft. would you need planning permission for this /thanks

If it's to the rear of the house and complies with the conditions and limitations set out here then you wont need permission.

2MI

I folks,
I demolished a badly built shed a few months back (it was build pre 1964) and I'm just wondering exactly how long I have to rebuild it or if I am allowed at all. The sub floor is still there. There was two sheds back to back and I am told because they were built when they were, that I can use them as living space as I can declare that this was always the use

muffler

2MI wrote: »

I folks,
I demolished a badly built shed a few months back (it was build pre 1964) and I'm just wondering exactly how long I have to rebuild it or if I am allowed at all. The sub floor is still there. There was two sheds back to back and I am told because they were built when they were, that I can use them as living space as I can declare that this was always the use

On account of this being your first post I'll cut you some slack. Would you mind reading the forum charter please (particularly Section 6.1) and then post accordingly.

2MI

"Would you mind reading the forum charter please (particularly Section 6.1) and then post accordingly."

- Sorry and thanks

Hi Folks,
I demolished a badly built shed a few months back (it was build pre 1964) and I'm just wondering exactly how long I have to rebuild it or if I am allowed at all. The sub floor is still there.

Kind Regards

Poor Uncle Tom

2MI wrote: »

Hi Folks,
I demolished a badly built shed a few months back (it was build pre 1964) and I'm just wondering exactly how long I have to rebuild it or if I am allowed at all. The sub floor is still there.

Now that the shed is gone (regardless of the sub-floor) you can't just build a similar shed back without checking SI 600 of 2001 first.

http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2
what you are looking for is under Class 3, if you can comply you can build the shed without the need for planning permission. Otherwise it's the paper trail route..:D

2MI

Thanks for the reply

joeytom

Can anyone advise on guidelines regarding the maximum permissible size a house extension can be. Recently bought s small rural cottage and i am looking to extend considerably on to it. Are there any planning constraints on extension size??

muffler

joeytom wrote: »

Can anyone advise on guidelines regarding the maximum permissible size a house extension can be. Recently bought s small rural cottage and i am looking to extend considerably on to it. Are there any planning constraints on extension size??

All you need to know here

Any other questions, just ask

BryanF

joeytom wrote: »

Can anyone advise on guidelines regarding the maximum permissible size a house extension can be. Recently bought s small rural cottage and i am looking to extend considerably on to it. Are there any planning constraints on extension size??

Mufflers link clarifies what is generally allowable without seeking planning

by submitting a planning application you will be able to exceed these figures, a local architect/ arch tech can advise

joeytom

Thanks for that... This link relates to exempted development where i could extend up to a maximum of 40 sqm without requiring planning permission??. The extension i had envisaged would be well over 40 sqm, probably over twice the current floor space of the house. I had anticipated that i would be looking for planning permission in any case to extend to this size. Would there be any planning restrictions relating to large extensions relative to existing size of house.

BryanF

case by case, seek advice as per my post above

joeytom

Thanks, i do plan to discuss with my architect, i just posted to see if anyone could advise on what might be reasonable from their own experience of dealing with planners on large extensions??

BryanF

joeytom wrote: »

Thanks, i do plan to discuss with my architect, i just posted to see if anyone could advise on what might be reasonable from their own experience of dealing with planners on large extensions??

on several occasions with extension I've doubled a homes area, on at least one occasion I more than tripled the overall floor area. does this answer your question? IMO it comes down to how your architect deals with the brief/ design/ integration/ style/ massing etc, you should be discussing this with your arch. the best of off luck with your project

muffler

joeytom wrote: »

Thanks, i do plan to discuss with my architect, i just posted to see if anyone could advise on what might be reasonable from their own experience of dealing with planners on large extensions??

One thing I have found in planning over the years is that there is absolutely no consistency not only from county to county but with planning officials themselves working for the same local authority. A lot will depend on which county you are in and which part of that county.

Generally speaking extensions that are going to be bigger than the original house will need a lot of thought put into the design. You definitely have to work with your architect on this one.

joeytom

Thanks Muffler.... inconsistency in planning decisions seem very prevalent... If you can give examples of where planning precedent has been given before, do planners have to consider them when reviewing your application?? Surely it would be very difficult for them to reject an application (say relating to extension sizes designed sensitively) where there is already a precedent set?

muffler

joeytom wrote: »

Thanks Muffler.... inconsistency in planning decisions seem very prevalent... If you can give examples of where planning precedent has been given before, do planners have to consider them when reviewing your application?? Surely it would be very difficult for them to reject an application (say relating to extension sizes designed sensitively) where there is already a precedent set?

Demonstrating precedent is always a positive measure especially if you can point to similar approved developments locally.....not 30 miles away or in another county but withing a couple/few miles of the site. The planners will of course take this on board but I have found that it needs to be pointed out to them on most occasions.

rayjdav

joeytom wrote: »

Thanks Muffler.... inconsistency in planning decisions seem very prevalent... If you can give examples of where planning precedent has been given before, do planners have to consider them when reviewing your application?? Surely it would be very difficult for them to reject an application (say relating to extension sizes designed sensitively) where there is already a precedent set?

The only problem with this precedent issue now is I have come across a couple of instance whereby permissions granted in the last couple of years are now seen as bad grants so planners have not entertained the precedent as a valid reason. Hard to take but just means that the application now has to "stand alone" on its own merits so your agent must be able to "justify" it and why and how it is presented.
The other issue on precedent is that certain technical goalposts may have changed in your CDP, waste treatment/sightlines etc so if the site cant meet new criteria, precedent really is irrelevant then anyway.

piperh

We have just seen on the original plans in the planning office that there is a brick built piggery showing on our cottage land, this piggery was quite large but was knocked down before we bought the cottage. Can we rebuild it and does it have to be in exactly the same place and dimensions as before? The cottage has already been extended to its maximum without planning permission.

muffler

piperh wrote: »

We have just seen on the original plans in the planning office that there is a brick built piggery showing on our cottage land, this piggery was quite large but was knocked down before we bought the cottage. Can we rebuild it and does it have to be in exactly the same place and dimensions as before? The cottage has already been extended to its maximum without planning permission.

Once the building has been demolished you will need planning permission to construct another building. Were you thinking of rebuilding a piggery or just a shed for other use?

Also, what do you mean by "The cottage has already been extended to its maximum without planning permission"? Is that relevant to the piggery?

mal_1

piperh wrote: »

We have just seen on the original plans in the planning office that there is a brick built piggery showing on our cottage land, this piggery was quite large but was knocked down before we bought the cottage. Can we rebuild it and does it have to be in exactly the same place and dimensions as before? The cottage has already been extended to its maximum without planning permission.

You can off course rebuild it, but you will need planning if you intend it as domestic accommodation.
While this may not be relevant, but if it is intended as a piggery or for the storage of animals, and depending whether you are in a rural or urban location there are differing exemptions available. Also be mindful of the Local Authority Development Plan criteria for distances of agricultural buildings to dwellings.

piperh

muffler wrote: »

Once the building has been demolished you will need planning permission to construct another building. Were you thinking of rebuilding a piggery or just a shed for other use?

Also, what do you mean by "The cottage has already been extended to its maximum without planning permission"? Is that relevant to the piggery?

Thanks, just as a workshop really because it was a good size. No its probably not relevent that the cottage has been extended but wasn't sure

muffler

piperh wrote: »

Thanks, just as a workshop really because it was a good size. No its probably not relevent that the cottage has been extended but wasn't sure

You can build a garage/store/shed up to 25 sq. metres without planning permission subject to certain conditions which can be seen here - class 3. This is in addition to any exempted extension to the house.