Planning issues - post them here MOD WARNING post #1

Reputable Rog

https://www.boards.ie/discussion/comment/118283760#Comment_118283760

Yes you can. The submission should have been redacted.

sydthebeat

https://www.boards.ie/discussion/comment/118283760#Comment_118283760

Unless there is something in the submission which undermines your privacy or security, then the council don't have to take any action.

A photo of you house, taken from a position on public property, is not a threat to your privacy.

What exactly is your issue with the submission? Are you named in it? Are any of your medical records exposed in it? Is there anything in it which may threaten your security?

hardybuck

https://www.boards.ie/discussion/comment/118288691#Comment_118288691

In terms of privacy I suppose he's shown a view similar to what Google maps would show, but I can ask Google for that to be blurred if I wish.

The chap has made a number of very derogatory comments regarding some properties, and more positive ones on others, during his running commentary on architecture and planning in the area. I'm in the positive category but I'd rather not be party to any of the rant, and none of us have anything to do with the planning dispute which he has with his neighbour.

hydrus21

Hi.

Information please from those in the know.

I presume some type of completion cert needs to be submitted to the planning dept. after works are completed.

Is there a time limit ?

eg. 3 yrs 5 yrs etc.

And what is the process of checking?

Thanks

DOCARCH

https://www.boards.ie/discussion/comment/118378636#Comment_118378636

You may be confusing a few things?

There is no requirement to submit anything to the planning department after works are completed. However, planning permission, when granted, usually has a lifespan of 5 years, so normally works must be completed within 5 years. The planning department will not be checking this. This is relevant for your certifier. There are mechanisms (you can submit an application) to extend the lifespan of the planning permission.

You mention completion cert. If your build was under the requirements of 'full' BCAR (Building Control Amendment Regulations) (i.e. not Opt-Out) then a completion submission must be submitted to the building control department (via the BCMS) after the works are completed. This submission, to get a 'completion cert', must be made immediately after the works are complete and before the house/building can be occupied. This does not apply for Opt-Out.

hydrus21

Thanks for that information.

So once planning has been granted and works started within a time frame,no checks are made on construction or design if the build costs were

met without the need for a loan/mortgage ?

DOCARCH

Essentially no. Nobody is going to come knocking on your door (....unless you are not building in compliance with your planning permission and somebody makes a complaint).

But someday you will probably need somebody to give you an opinion on compliance with planning permission and building regulations if the house is ever to be sold or even if you want to borrow money using the house as collateral.

hydrus21

The house appears to comply,but the access road is 500mtrs. from where it should be and the filter bed is in the wrong field.

I guess my neighbour is taking the long term view.

Thanks for your reply

H N Y

muffler

https://www.boards.ie/discussion/comment/118390523#Comment_118390523

That would be a clear breach of your planning permission and you have now entered the realms of unauthorised development. As stated by DOCARCH you will probably never see anyone from the planning dept again unless someone reported the issues. The issue of having the entrance and percolation area in different locations from what was approved will come back to bite you in the ass at some time in the future. My advice would be to talk to your architect/engineer/agent with a view to regularising the unauthorised elements of the development.

Going back to your original query Id agree with DOCARCH's earlier reply but just to add that you most likely have a condition regarding a Section 47 agreement which will need to be complied with.

DOCARCH

https://www.boards.ie/discussion/comment/118393385#Comment_118393385

From OPs reply above, sounds like s/he was 'asking for a friend'. 😀 I think OP is referring to what's happening on a neighbouring site.

muffler

https://www.boards.ie/discussion/comment/118394729#Comment_118394729

Oops! Didn't see the bit about the neighbour.

timmymagoo

Not sure if this right place to put this but

I want to build a proper shed that will also be partly an office

Not adjoining - about forty foot away from house.

There is currently a timber shed there that has power and water

I want a shed with foundations and concrete block and roof , size 40M X 5M dormer

Do I need planning? If so would it be easy enough

Thanks

muffler

https://www.boards.ie/discussion/comment/118401940#Comment_118401940

25 sq metres is the max exempted size so you will need planning permission.

timmymagoo

https://www.boards.ie/discussion/comment/118403144#Comment_118403144

OK so I bought the house 5 years ago and there was sheds in the same area I plan to build

They are on the maps , they were in a right state so I knocked them

But the sheds were close to what I am planning

Does this mean anything

Thanks

muffler

https://www.boards.ie/discussion/comment/118403257#Comment_118403257

It doesn't matter if sheds were there before or not. If they were and had a combined floor area in excess of 25 m2 then they would have been unauthorised. Im not sure why this wouldn't have been flagged before you bought the property unless the house and sheds were very old (pre 1963).

40m long is quite excessive when looking for planning

timmymagoo

https://www.boards.ie/discussion/comment/118403639#Comment_118403639

The house built 1904

Thanks for the advise I will need a builder to have a look

Maybe an engineer

ArtieBucco

Hi all,

Quick question regarding applying for retention permission for a flag pole within a residential area. Would a full application be required containing drawings, plans/elevations etc showing the flag pole or would photographs be suffice? Thanks for your help.

muffler

https://www.boards.ie/discussion/comment/118428388#Comment_118428388

You can submit photos as part of the application if you wish but you will need to include actual drawings with appropriate measurements.

ArtieBucco

@muffler Thanks very much for the reply!

mel123

Application submitted and permission granted, so now waiting on final grant has been issued by the Planning Authority/An Bord Plenala. I have two questions:

1. When can i start the work that i applied for planning permission? Lets say tomorrow is the last day people can make an appeal and assuming they dont and i am good to go, do i have to put up a commencement notice and wait a further number of weeks?
2. Assume the answer to question 1 is i have to wait another lets say 4 weeks, can i go in to the house now to work on other parts of the house, just not what is in the planning permission?

I know you will probably say ask your architect, when i say i got a bum deal with mine, you wouldnt believe it!!!!

C. Eastwood

https://www.boards.ie/discussion/comment/118449560#Comment_118449560

mel123.

You have not been granted planning permission. You have received a Decision to Grant Planning Permission. If there is no third party Objection submitted to An Bord Pleannala, then the Grant of Planning Permission will be issued to you within a few weeks.

With this Grant, you will receive information on how to make an online application through the BCMS ( Building Control Management System) for a Commencement Notice (CN). This is a very important document.

The notice must be given to the authority not more than 28 days and not less than 14 days before the commencement of works. If the notice is correct, the Authorities will issue the CN

Ensure that you comply with all of the Conditions of the Planning, which are required to be complied with before commencement.

Then you can start

mel123

https://www.boards.ie/discussion/comment/118450056#Comment_118450056

Thank you that is most helpful. So once i get my Grant of Planning Permission (assume lets say submissions end tomorrow it will be in the near future), I apply online for a commencement notice. How does this work ie lets say i apply on Friday, can i start 14 days after the day i apply or is there more waiting around?

C. Eastwood

https://www.boards.ie/discussion/comment/118450238#Comment_118450238

Thanks mel123.

You must have the Grant of Planning in your hand and upload it when making the on-line application for the Commencement Certificate. You must state the start date - minimum - 14 days. When the Building Control issue you the Commencement Notice, you must wait 14 days before you commence the building works.

an buachaill

Hi all,

In a bit of a situation here that is causing headaches.

We are purchasing a house based on a developers drawings. The house is built far as downstairs windows and they started putting up the walls between the houses. We saw a picture of the build and a thing that sticks out is how small our back garden is! Based on the plan we had a big back garden which was a selling point for us as we have dogs. Our house is a detached house. We contacted the builder, developer and estate agent and they are all passing the buck and not taking responsibility. Of all the gardens affected we seem to be losing the most.

Please see attachment of the issue, the blue line was the original drawing. The green line is what we were told we were getting when we raised the issue and this is what we got today with the redline. Feels like they are intentionally doing this on purpose now.

Any advice or help appreciated, thanks.

1198A653-C7EF-4ED2-9263-48CC907044DA.jpeg

BryanF

An buachaill

you need to review the contract documents with your solicitor. You’ll probably need an opinion from an engineer. How much of a deposit do you loose if you pull out?

an buachaill

BryanF,

tbh we can’t pull out as the price of houses are only going one way and the location is key to us. Our solicitor doesn’t think there is much we can do so was looking for guidance here in case somebody might know something.

Thanks

sydthebeat

Ask for a copy of the map of that exact area that will be transferred to you on purchase.

If it's different from what you were original presented as purchasing then you might be able to claim breach of contract and pull out of the purchase.

If it is the same, then technically you will own out to the original boundary line, and should you wish to claim those lands outside of the fence, you will certainly be within your rights.

I can't comment as to the practicality of this, as there is a retaining wall mentioned, but no other info to describe what's happening either side of this retaining structure

ArtieBucco

Hi all,

Was just wondering if anyone has ever got planning permission for a one and half storey rear extension to a bungalow, where the 1.5 storey wall is higher than the eaves of the bungalow? Sounds mad, but was really curious if this is possible? Does the rue apply when buidling extensions that the new walls should not be higher than the original eaves etc

Thanks very much

DOCARCH

https://www.boards.ie/discussion/comment/118502621#Comment_118502621

Absolutely possible but all really depends on design and context! Very hard one to answer definitively on an online forum.

ArtieBucco

https://www.boards.ie/discussion/comment/118504061#Comment_118504061

Thank you DOCARCH

I am helping out a neighbour with his extension proposal and unfortunately its a tight site and limited to extending on the ground floor

To make it viable and worth his while he wants to create a bedroom in "the attic" so a dormer roof construction was suggested. But with the 1.5m studs, the room is too small, and therefore was wondering if we built a storey and a half would it be an issue in planning, with the wall above the line of the eaves

I suppose a pre planning consultation would do no harm

Thanks very much

robdonn

Hey everyone,

I'm looking to build a shed with a car port at the end of my driveway but I have a few questions about whether I would need planning permission.

Currently my bungalow has an extension exceeding 25sqm that had planning permission, there is also an existing shed in the back which is about 31sqm which I recently got retention permission for (was built by original owner 30 years ago) as I'm planning to add a larger extension to the house and the CC flagged the shed.

I'd like to build a new shed with a car port at the end of my driveway. Since I have permission for the extension and the existing shed, does that mean that I have the full 25sqm unplanned allowance available to me?

Also, does a car port count towards the 25sqm?

Thanks

sydthebeat

You need permission

the fact you were granted permission previously doesnt mean you can still use the exemptions

2. The total area of such structures constructed, erected or placed within the curtilage of a house shall not, taken together with any other such structures previously constructed, erected or placed within the said curtilage, exceed 25 square metres.

robdonn

https://www.boards.ie/discussion/comment/118541192#Comment_118541192

Well thats that plan out the window! Thanks for the fast response.

sydthebeat

https://www.boards.ie/discussion/comment/118544308#Comment_118544308

if you are planning a larger extension to the house, and assuming the proposed extension needs permission, you can include the new garage and car port in the application.

kevmagic

Hi all,

We were recently granted permission to remodel and add to an existing kitchen extension. However one of the conditions stated - In the interest of flood risk management that

"all electrics and appliances should be raised to a minimum of 1m off the finished floor"

This is a kitchen extension. Which would mean we couldnt have a hob as the counter would only be 800mm or so. We can't have a toaser. The dishwasher would be at eye level etc etc.

Has anybody come across this before?

We are close to a flood risk zone so completely understand sockets and fixtures having to be raised (although our house has never flooded) but does this seem insane?

ArtieBucco

Hi all,

Just wondering if a planning application can be deemed invalid or maybe refused if for example; a site notice date of we say 01/02/2022 was stated on the notice as the day of erection, but the owner only erected the notice we say 2 days later? Like on the 03/02 or 04/02.....etc

What are the implications if it was reported to the planning authority?

Thanks very much

muffler

Someone would have to go to a lot of bother to prove the notice wasn't in place on the date. For example take photos of a newspaper with date displayed (newspaper date) held aloft on a day following the stated date to indicate that there wasnt a notice displayed and even then the planners probably wouldn't accept that submission.

Most applications I would have been involved in over the years wouldn't have had the notice put up for maybe a week or two after the stated date.

ArtieBucco

https://www.boards.ie/discussion/comment/118584604#Comment_118584604

Thanks muffler, neighbour next door is making an issue of it, i suppose all i can do is wait and see..neighour actually took photos and word on the grapevine is that a submission is on its way....😪

cheers

sydthebeat

Same as muffler

I've often erected site notices after the date on them.

Once it is up when the council come out to vote it, thats all that matters

muffler

https://www.boards.ie/discussion/comment/118584810#Comment_118584810

If they make a submission then it will most likely contain other issues. The planners have no way of knowing when the notice was put up. If and it's a big if they ask you to confirm the date then just do so ... ie. The notice was erected on the stated date. I wouldn't worry about it.

ArtieBucco

Thanks everyone for the comments

I will let you know how I get on!!

neighbor just a bad article in fairness 😩

little to be at...

chooseusername

https://www.boards.ie/discussion/comment/118584810#Comment_118584810

Did the application go in before the notice went up?

that's the only way he could prove it was late.

ArtieBucco

https://www.boards.ie/discussion/comment/118597262#Comment_118597262

I think application went in on the morning and that afternoon site notice went up. But they took photos of us putting it up😁

2 days after said date on notice.....whats the worst can happen, invalid application??

Cheers

Kingp35

I'm looking for some input on my situation.

I'm sale agreed on a house that I really want to purchase however there's some planning issues that have arisen.

Basically there was an extension added to the house and retention was applied for and granted in 2014 on the provision that a new septic tank be installed within 6 months. This didn't happen. A new tank was installed in November 2021 as they were selling the house.

Obviously it's outside the six month time frame but it's also over 5 years since retention was granted so I think the works just done are illegal as planning has lapsed. Also the retention provision specified that a particular tank should be installed. I don't think this happened however retention also stated that an equivalent tank would be accepted if a report on same was submitted to council.

The current owner has submitted an engineer's report to Galway County Council on the works just done but the council have made no decision on it yet.

We are left in the position where if we buy this house we will be taking on the risk.

What I'm wondering is what's my worst case scenario. I know nothing about planning. Could the council ask me to take out the newly installed tank and install the one originally specified? Could the council have a problem with the original extension as retention was only granted on the basis of the new tank being installed? Or might they just ask for a new rentention application to be submitted? Or could they even just approve the newly installed tank despite it being late?

Any input at all would be appreciated.

muffler

https://www.boards.ie/discussion/comment/118621266#Comment_118621266

If you purchase the property then as the new owner you will inherit any planning issues that exist. From what you stated I wouldnt see any great issues if the report submitted by the engineer is favorable. But maybe best to look for some form of extension of time with the contract in order for the tank issue to be resolved.

BryanF

Is it possible to Hold say 10k ‘retention’ until the waste treatment is resolved?

mike_2009

Hi - I've planning permission with an attached condition - add a few windows for passive surveillance on the gable end. I submitted updated drawings last September. No word yet. They only put up the submission on their website last week and they are doing them in order. Prices are skyrocketing so I want to know if there is anything I can do to shake this tree or will I just have to wait my turn? Suggestions welcome! Heading to 5 months and into my sixth....

trackrunner

Hi,

Am looking at purchasing a site subject to planning but the site is near the top of a hill and quite exposed. Site has a view of a main road 1km away line of sight. So could be difficult in getting planning.

Anyone have any advice how to mitigate these issues or have succeeded in the past in getting planning on a similar type of site? Would planting trees etc. be enough? Site is in a rural location with just one neighbour. Would probably look elsewhere but no other sites available in the vicinity and don't own any land.

C. Eastwood

trackrunner

Best course of action is to phone the local planning Dept and get the name and email address of the Area Planner. Print off the location of the site from Google maps and email it to the planner and tell the planner that you wish to apply for planning permission for the type of house you want to construct.

After receiving the planners email reply if it is not very positive, you could submit a Planning Permission Application for Outline Planning. This planning application does not require a detailed house drawing.

MacDanger

https://www.boards.ie/discussion/comment/118910919#Comment_118910919

We received planning in Dec for a house on a reasonably exposed site overlooking an N road (maybe 400m from the road, approx 80m elevated) although not exiting onto the N road. In the RFI, the planner requested a "photo montage" - basically the architect took a photo from the N road and then put in a rectangle shape to show how the house would look from a distance. I thought it looked crap enough but it was sufficient for the planner apparently. We also have to do some planting on that side of the site to mitigate the visual impact