Planning issues - post them here MOD WARNING post #1

Poor Uncle Tom

Disabled Access Certificate.

The Parrot

Need some advice. Planning permission for my plot runs out in june 2013 has been extended once before by the previous owner.
we will be able to get the house to roof level by then but not finished,
can we get the planning extended again , i have been reading the planning and development act 2010 and it seems some what contradictor.

if the planning was extended before the act was put in place im ok. but if not i think its a grey area.

Sinead Mc1

gozunda wrote: »

Be also aware that most Councils have access to aerial / satalite imagery going back to 1995 o present at fairly regular intervals. They can fairly accurately check building completions / additions using these...

Thanks Gozunda. They have been a bit slow with correspondence so we said we'd do a bit of our own research, partly out of frustration, but mainly worry. We had an inspector out to us who acknowledged that the development was blatantly illegal and one of the worst he's seen in awhile but that "he didn't want to get our hopes up". Bear in mind, this is the same guy who when i asked him what he thought of the fact it was built on our boundary said "oh is it" even though he'd just looked at it!!!
Does anyone know the process of making complaints etc. I understand it may be hard to enforce anything when someone has perhaps built on their own land bothering no one. I know I don't often hear of people having to knock buildings. Surely, however, when you are preventing your neighbour from selling their home the outcome must be for it to be knocked one way or another. Surely??? We're literally losing sleep over this!!!!!

gozunda

Sinead Mc1 wrote: »

Thanks Gozunda. They have been a bit slow with correspondence so we said we'd do a bit of our own research, partly out of frustration, but mainly worry. We had an inspector out to us who acknowledged that the development was blatantly illegal and one of the worst he's seen in awhile but that "he didn't want to get our hopes up". Bear in mind, this is the same guy who when i asked him what he thought of the fact it was built on our boundary said "oh is it" even though he'd just looked at it!!!
Does anyone know the process of making complaints etc. I understand it may be hard to enforce anything when someone has perhaps built on their own land bothering no one. I know I don't often hear of people having to knock buildings. Surely, however, when you are preventing your neighbour from selling their home the outcome must be for it to be knocked one way or another. Surely??? We're literally losing sleep over this!!!!!

For example the Cork CoCo web site has details / process for complaints

http://www.corkcity.ie/services/planningdevelopment/enforcementofplanningregulations/


I believe this is similar for most counties...

Poor Uncle Tom

Sinead Mc1 wrote: »

Thanks Gozunda. They have been a bit slow with correspondence so we said we'd do a bit of our own research, partly out of frustration, but mainly worry. We had an inspector out to us who acknowledged that the development was blatantly illegal and one of the worst he's seen in awhile but that "he didn't want to get our hopes up". Bear in mind, this is the same guy who when i asked him what he thought of the fact it was built on our boundary said "oh is it" even though he'd just looked at it!!!
Does anyone know the process of making complaints etc. I understand it may be hard to enforce anything when someone has perhaps built on their own land bothering no one. I know I don't often hear of people having to knock buildings. Surely, however, when you are preventing your neighbour from selling their home the outcome must be for it to be knocked one way or another. Surely??? We're literally losing sleep over this!!!!!

The Local Authority won't usually get involved in boundary disputes citing that as a civil matter. You need an independent engineers report on any encroachment issues and get your solicitor to take court action on any matters arising.

john_cappa

Good my planning approved today!!! Woohoo! Only took 18 weeks from first submission! Massive thank you to the member certified on here who saved me from making some massive mistakes!

cowboy77

Invalid Planning App.

Hi, just wondering if its possible to re-use the OS Maps for a new planning application. I recently had an application sent back due to error on site notice. Is it possible to re - use the drawings and maps instead of buying and printing new sets?

thanks

muffler

cowboy77 wrote: »

Invalid Planning App.

Hi, just wondering if its possible to re-use the OS Maps for a new planning application. I recently had an application sent back due to error on site notice. Is it possible to re - use the drawings and maps instead of buying and printing new sets?

thanks

I wouldn't see a problem with that.

rayjdav

cowboy77 wrote: »

Invalid Planning App.

Hi, just wondering if its possible to re-use the OS Maps for a new planning application. I recently had an application sent back due to error on site notice. Is it possible to re - use the drawings and maps instead of buying and printing new sets?

thanks

As Muffler said but I would just cross out the now invalid Reg Ref: No.
Gives you a chance to rectify any slight ommission too on the drawings if any.

cowboy77

Thanks Muffler and Rayjdav..for your replies!

shibers

You can be refused an extension of duration if your planning application no longer meetings the planing regulations. In particular the regulations for the septic tank, they will not grant the extension of duration of the scptic tank for the original planninbg no longer complies, they will request a complete new application.
I didn't know this so am passing the advice on, its knowing this.

bug111

The Parrot wrote: »

Need some advice. Planning permission for my plot runs out in june 2013 has been extended once before by the previous owner.
we will be able to get the house to roof level by then but not finished,
can we get the planning extended again , i have been reading the planning and development act 2010 and it seems some what contradictor.

if the planning was extended before the act was put in place im ok. but if not i think its a grey area.

I dont think you need to extend as you will have 'substantially begun' the development, and should therefore be entitled to complete it. I believe that bringing the house up to foundation level covers 'substantially begun'. Not sure though....

sydthebeat

bug111 wrote: »

I dont think you need to extend as you will have 'substantially begun' the development, and should therefore be entitled to complete it. I believe that bringing the house up to foundation level covers 'substantially begun'. Not sure though....

no.

its "substantially complete" and the general consensus is that the build must be to blockwork complete level (eaves level).

That being said, i have been involved in an application for extending the duration of a scheme of houses and in that permission, once the majority of the units had been completed, the council were willing to grant an extension of duration even though the remaining units had only foundation and floors in.

but in a one off its blockwork complete.

The Parrot

unfortunatly your a little off . sorted now

The Parrot

this has been covered by people much more in the know than me and helped me greatly.

http://www.boards.ie/vbulletin/showthread.php?t=2056844391

theres the link enjoy the read.

TheChizler

Hi all, just a quick question with regard experience of obtaining fire certificates. I present The Building Control Act, 1990, Section 6, Subsection (5):

Where, within a period of two months beginning on the date of an application for a fire safety certificate or a certificate of approval, or within such extended period as may at any time be agreed in writing between the applicant and the building control authority, the building control authority does not notify the applicant of the decision on the application, a decision by the building control authority to grant the fire safety certificate or the certificate of approval, as the case may be, shall be regarded as having been made on the last day of the period or such extended period, as the case may be.

Can't find any amendments, so to put this in context, if a person was to have made an application for a fire certificate on, say, the 23rd of November, and heard nothing regarding the status of the application up to now despite numerous enquiries, would be certificate be considered granted by default?

Has this happened to anyone here or has anyone heard of this happening before? There has been no communication from the authority regarding non-validity of the application or seeking an extended period to consider it.

Sorry for the butting in, in a bit of a panic as our business agreement to lease revolves around obtaining the fire certificate promptly. Thanks in advance!

Poor Uncle Tom

TheChizler wrote: »

Hi all, just a quick question with regard experience of obtaining fire certificates. I present The [URL="view-source:www.irishstatutebook.ie/1990/en/act/pub/0003/print.html#sec6"]Building Control Act, 1990, Section 6, Subsection (5)[/URL]:



Can't find any amendments, so to put this in context, if a person was to have made an application for a fire certificate on, say, the 23rd of November, and heard nothing regarding the status of the application up to now despite numerous enquiries, would be certificate be considered granted by default?

Has this happened to anyone here or has anyone heard of this happening before? There has been no communication from the authority regarding non-validity of the application or seeking an extended period to consider it.

Sorry for the butting in, in a bit of a panic as our business agreement to lease revolves around obtaining the fire certificate promptly. Thanks in advance!

Your 8 weeks is not up until Friday coming (taking Christmas holidays into account). I'd lay odds you'll get a request for a couple of weeks extension tomorrow.

TheChizler

Poor Uncle Tom wrote: »

Your 8 weeks is not up until Friday coming (taking Christmas holidays into account). I'd lay odds you'll get a request for a couple of weeks extension tomorrow.

I was afraid there might be some holiday provision, is that officially 2 days over christmas so? Going to contact our engineer in the morning, but I assume we'll have to accept the request? Not trying to flout the regulations or anything, just responding to an urgent/angry phone call from our landlord!

muffler

TheChizler wrote: »

I was afraid there might be some holiday provision, is that officially 2 days over christmas so? Going to contact our engineer in the morning, but I assume we'll have to accept the request? Not trying to flout the regulations or anything, just responding to an urgent/angry phone call from our landlord!

I assume its the same holiday period which is enshrined in the planning & development acts which is 9 days......

Section 251 of the Planning and Development Act, 2000 (as amended) provides that in calculating any appropriate period or other time limit referred to in the Act or in any regulations made under the Act, the period between the 24th day of December and the first day of January, both days inclusive, shall be disregarded. Accordingly, all time limits specified in connection with the planning application process, including time limits relating to the maintenance of site notices and receipt of submissions or observations (Articles 20 and 29 of the Planning and Development Regulations, 2001-2010) are extended by 9 days

TheChizler

muffler wrote: »

I assume its the same holiday period which is enshrined in the planning & development acts which is 9 days......

Sorry didn't realise you meant next week. That throws a spanner in the works so! We were told it wouldn't take more than 2 weeks overall, knew it would be nothing like that but wasnt expecting this long. Thanks for the replies.

Structural Engineer_G

The Parrot wrote: »

this has been covered by people much more in the know than me and helped me greatly.

http://www.boards.ie/vbulletin/showthread.php?t=2056844391

theres the link enjoy the read.

Hi Parrot,

If you get house to wallplate level you can complete the project without an extension. Structure doesn't have to be water tight.

I was working on a project in 2009 that consisted of a 4 storey apartment block in Dublin City. Planning was out by end December 2009. Contractor raced to get structure to roof level. January 2010 contractor went into liquidation. Structure remains as only inner leaf walls built, floor slabs in and roof slab on (precast slabs) no screeds poured or ground floor slab poured. Site came under new ownership last year and is due for completion this year with no requirement for an extension of the planning. However, you are still bound by the conditions of the expired planning.

Hope that helps

newmug

Hi all. I have a question about CPO's. There is a shopping centre across from my garden, and they're desperate for parking. The owner approached me to sell my garden numerous times, but I refused, because I have my own plans for it!

I sought planning permission to build shops on my garden twice before, was refused the first time, granted the second time, but it was overturned by Bord Planeala. Now the shopping centre owner has got the council involved in his quest for more parking space, and they published in a local newspaper that they'd send a team of surveyors to "review the area".

I am worried that they might take my garden my CPO. 1) Can they do that? 2) If they try, how can I fight it? 3) Is there any way I can prevent it from happening beforehand, eg look for permission for another building, or even a carpark myself? 4) Do they generally give fair prices? 5) Would the fact that Bord Planeala overturned my previous permission help my case in any way?

I am very, very worried about all this. Any clarity would be appreciated.

jakko86

Hi all,Im currently looking at a site and it had p/p granted by the county council but on objection by a neighbour an bord planeala turned down the permission due site not suitable for septic tank back in 05. Im just wondering now is there any point in looking into geting planning now, with better developments wih septic tanks and treatment systems since 05 and is there hope as it was initally passed by the county council? or is it a case once its turned down by an bord planeala its a dead duck?

loremolis

jakko86 wrote: »

Hi all,Im currently looking at a site and it had p/p granted by the county council but on objection by a neighbour an bord planeala turned down the permission due site not suitable for septic tank back in 05. Im just wondering now is there any point in looking into geting planning now, with better developments wih septic tanks and treatment systems since 05 and is there hope as it was initally passed by the county council? or is it a case once its turned down by an bord planeala its a dead duck?

IF you compehensively address the reason for refusal from the Board, in your case get a reputable engineer to design a treatment system that addresses the previous reason for refusal, then, all other things being equal, I wouldn't be put off making a new application based on a refusal for an engineering issue like that.

However, if your last application was in 2005, you should check what changes have been made to the Rural Housing Policy to see if you still comply. Many counties have recently introduced rigorous (and often ridiculously unfair) standards for "local need" housing in rural areas.

loremolis

newmug wrote: »

Hi all. I have a question about CPO's. There is a shopping centre across from my garden, and they're desperate for parking. The owner approached me to sell my garden numerous times, but I refused, because I have my own plans for it!

I sought planning permission to build shops on my garden twice before, was refused the first time, granted the second time, but it was overturned by Bord Planeala. Now the shopping centre owner has got the council involved in his quest for more parking space, and they published in a local newspaper that they'd send a team of surveyors to "review the area".

I am worried that they might take my garden my CPO. 1) Can they do that? 2) If they try, how can I fight it? 3) Is there any way I can prevent it from happening beforehand, eg look for permission for another building, or even a carpark myself? 4) Do they generally give fair prices? 5) Would the fact that Bord Planeala overturned my previous permission help my case in any way?

I am very, very worried about all this. Any clarity would be appreciated.

When you say they "published" was it a notice under s pecific section of the Planning Acts or just a random report?

I don't believe that a council would CPO a private garden to facilitate a privately owned shopping centre.

While they may have the powers to CPO almost any land, they have to specify the reason for the acquisition and even if they went that far, they would have to sell or lease the land to the shopping centre, leaving a very public paper trail.

Looking for permission for a building would increase the value of the land nominally but it wouldn't prevent a CPO.

Fair price for a CPO is the current open market value of the land.

bug111

jakko86 wrote: »

Hi all,Im currently looking at a site and it had p/p granted by the county council but on objection by a neighbour an bord planeala turned down the permission due site not suitable for septic tank back in 05. Im just wondering now is there any point in looking into geting planning now, with better developments wih septic tanks and treatment systems since 05 and is there hope as it was initally passed by the county council? or is it a case once its turned down by an bord planeala its a dead duck?

Perhaps you should also have a word with neighbour and see what is issue relating to site, it may be something other than NIMBY.

Regarding looking at a hill side for planning, I have noticed most houses appear to be placed at the bottom of hills.

Is there certain rules for the placement of a house, can it be cut into a hill even if it is high above a road but still not breaking the skyline ?

newmug

loremolis wrote: »

When you say they "published" was it a notice under s pecific section of the Planning Acts or just a random report?

I don't believe that a council would CPO a private garden to facilitate a privately owned shopping centre.

While they may have the powers to CPO almost any land, they have to specify the reason for the acquisition and even if they went that far, they would have to sell or lease the land to the shopping centre, leaving a very public paper trail.

Looking for permission for a building would increase the value of the land nominally but it wouldn't prevent a CPO.

Fair price for a CPO is the current open market value of the land.

It was just a random report, it was nothing official. My fear is that they might CPO it for themselves, to cash in on the desperate parking situation. How could I check to see if CPO proceedings have been started?

lostinashford

Hi Folks,

I've run into a problem.

I have planning permission to demolish 2 old extensions and rebuild on roughly the same footprint however budget has dictated that we can't know afford to do this as granted.

Part of the extension was to be a one and half story extension. In order to do the work inside budget we now have to use the existing structure. Externally we will have to change one existing set of french doors to a window and convert one existing window to a set of french doors (widening the opening slightly), we will also have to block up one window and make two openings for new windows.

My question is do I have to reapply for PP or can I seek some sort of amendment to my existing permission. Bear in mind that I will be reducing granted footprint and height and keeping within existing building footprint, the rest of the work will be exactly as granted?

Any responses welcome and I hope it makes sense?

jakko86

bug111 wrote: »

Perhaps you should also have a word with neighbour and see what is issue relating to site, it may be something other than NIMBY.

No he seems to be a pain in the backside, he had 3 other objections all of which were one more ridiculous than the next and all were dismissed and from what I've been told he just doesn't want anyone living beside him even though he had no problem getting planning and building beside another house. Plus he's a foreigner!!