Planning issues - post them here MOD WARNING post #1

muffler

Gru wrote: »

Onward with planning then!

You could be back here again so

Gru

muffler wrote: »

You could be back here again so

Haha very likely. I just need some deep pockets to get the ball rolling. :pac:

martinn123

Hi Guys,
A Commercial Premesis in the same business park, as myself, is undergoing renovations. The interior has been gutted, stairs, mezannine, offices, all gone, back to bare walls actually

Now a concrete pad has been poured in a yard at the end Gable, and an ''OVEN'' is to be installed, with an entrance to the oven opened up in the gable wall.
It's for Spray Painting Cars, so it's big enough to hold a big van. It's powered by Kerosine and it will be quite close to my office.:(

This week, the original entrance was blocked up, and a Conservatory which was the original entrance/waiting Room was demolished last week.
The exterior is being changed from Brick, to Alum Cladding.

My question is, does the work as I have described it require Planning Permission.

The last tenant, ran a Car Service business, but is gone, the new tenant, is Crash Repairs, so it's not really a change of use, as its still Car related??

The Building is at least 30 yrs old, and as I said in a Business Park.

Poor Uncle Tom

martinn123 wrote: »

Hi Guys,
A Commercial Premesis in the same business park, as myself, is undergoing renovations. The interior has been gutted, stairs, mezannine, offices, all gone, back to bare walls actually

Now a concrete pad has been poured in a yard at the end Gable, and an ''OVEN'' is to be installed, with an entrance to the oven opened up in the gable wall.
It's for Spray Painting Cars, so it's big enough to hold a big van. It's powered by Kerosine and it will be quite close to my office.:(

This week, the original entrance was blocked up, and a Conservatory which was the original entrance/waiting Room was demolished last week.
The exterior is being changed from Brick, to Alum Cladding.

My question is, does the work as I have described it require Planning Permission.

The last tenant, ran a Car Service business, but is gone, the new tenant, is Crash Repairs, so it's not really a change of use, as its still Car related??

The Building is at least 30 yrs old, and as I said in a Business Park.

Yes, the works you describe need planning permission.

BryanF

Poor Uncle Tom wrote: »

Yes, the works you describe need planning permission.

+1 & probably a submission to the EPA if car spray painting is the service

martinn123

BryanF wrote: »

+1 & probably a submission to the EPA if car spray painting is the service

poor Uncle Tom wrote:

Yes, the works you describe need planning permission.

Interesting, thanks Guys, well the work is continuing apace, so it'll be interesting to see if anyone from the LA, turns up to check out the lack of either of the above.

Poor Uncle Tom

martinn123 wrote: »

Interesting, thanks Guys, well the work is continuing apace, so it'll be interesting to see if anyone from the LA, turns up to check out the lack of either of the above.

They will only turn up if either:

1. They have a crystal ball and can see that the works are going ahead without the required permission.

2. Somebody makes a formal complaint that unauthorised development works are being carried out.

muffler

martinn123 wrote: »

so it'll be interesting to see if anyone from the LA, turns up to check out the lack of either of the above.

They dont actively pursue these matters, as in, driving around looking for unauthorised developments. However if it is brought to their attention by way of a report then they will be on the ball in no time.

muffler

Poor Uncle Tom wrote: »

They will only turn up if either:

1. They have a crystal ball and can see that the works are going ahead without the required permission.

2. Somebody makes a formal complaint that unauthorised development works are being carried out.

I was beaten by milliseconds only

martinn123

muffler wrote: »

I was beaten by milliseconds only

Yes but your message, has to travel all the way from Donegal,

Muffler wrote:

They dont actively pursue these matters, as in, driving around looking for unauthorised developments. However if it is brought to their attention by way of a report then they will be on the ball in no time.

Poor Uncle Tom wrote:

They will only turn up if either:

1. They have a crystal ball and can see that the works are going ahead without the required permission.

2. Somebody makes a formal complaint that unauthorised development works are being carried out.

It's a very prominent site, with lots of local chatter about the Development, I should have said, perhaps someone will make a report, and then will the LA turn up.

muffler

martinn123 wrote: »

Yes but your message, has to travel all the way from Donegal

Very true. Nice one

Poor Uncle Tom

martinn123 wrote: »

It's a very prominent site, with lots of local chatter about the Development, I should have said, perhaps someone will make a report, and then will the LA turn up.

Some LA's double up on staff for enforcement issues, so the enforcement officers are often also planning staff members, environment engineers, etc. Because of the nature of the enforcement job, it can be high profile and confrontational and can very often end up in court and for this reason staff don't go out looking for work and will only usually act on complaints from the public.

Red Crow

I want to oppose a development of a cycle link that will be built in my estate in front of my house. How do I go about objecting?

Firstly I think it's a ridiculous waste of public money. Secondly their going to dig up part of a huge green where kids play football, hurling etc. This will force them into another area. Thirdly, I fear that it will attract more loiters to the area as the plans contain a proposal to knock down hedging and trees that divide two different estates. Are those reasons for objections valid? I suspect I may be ignored but I think the proposal is an utter disgrace as it's people in the estate beside us that are too lazy to walk or cycle on the roads on the outer boundaries of our area which are just as easily accessible.


Also its a huge waste of money that could be better spent elsewhere. Typical Ireland :rolleyes:

CGI_3

Hi, just in the process of writing up an objection to the retention of an agricultural entrance which was opened in the stone wall right by our own entrance.

The farmer has erected two concrete piers and hung a galvanised gate. The main reason that I want to object on is that this new entrance in the ditch has effectively opened up a view of the side of our house and hence our privacy is diminished.

What other grounds can I object on?

The NRA simply states that it "will rely on the planning authority to abide by the national policy etc..."

The reason he states in his retention application is that he requires it for access to his lands, but he has always had access anyway through his own land to the point of where the new gate is.

kilclon

Eli Manning wrote: »

I want to oppose a development of a cycle link that will be built in my estate in front of my house. How do I go about objecting?

Firstly I think it's a ridiculous waste of public money. Secondly their going to dig up part of a huge green where kids play football, hurling etc. This will force them into another area. Thirdly, I fear that it will attract more loiters to the area as the plans contain a proposal to knock down hedging and trees that divide two different estates. Are those reasons for objections valid? I suspect I may be ignored but I think the proposal is an utter disgrace as it's people in the estate beside us that are too lazy to walk or cycle on the roads on the outer boundaries of our area which are just as easily accessible.


Also its a huge waste of money that could be better spent elsewhere. Typical Ireland :rolleyes:

Make an observation as per your coco guidelines. You will get these on their website. Has to be lodged no later than 5 weeks from the date the planning application was lodged. You usually cannot appeal to An Bord Pleanala unless you have made an observation.

A waste of money is not a reason to refuse planning permission. Your second point may be somewhat valid.

This may help http://www.carlow.ie/SiteCollectionDocuments/All%20Services/Planning/Planning%20Guides/commenting-on-a-planning-application.pdf

kilclon

CGI_3 wrote: »

Hi, just in the process of writing up an objection to the retention of an agricultural entrance which was opened in the stone wall right by our own entrance.

The farmer has erected two concrete piers and hung a galvanised gate. The main reason that I want to object on is that this new entrance in the ditch has effectively opened up a view of the side of our house and hence our privacy is diminished.

What other grounds can I object on?

The NRA simply states that it "will rely on the planning authority to abide by the national policy etc..."

The reason he states in his retention application is that he requires it for access to his lands, but he has always had access anyway through his own land to the point of where the new gate is.

I don't think this will be a valid reason for objecting. You don't have any right to a particular view etc. I would still put it in however along with any other reasons which may exist (unnecessary entrance causing road safety issues for example)

Bichon Lover

CGI_3 wrote: »

Hi, just in the process of writing up an objection to the retention of an agricultural entrance which was opened in the stone wall right by our own entrance.

The farmer has erected two concrete piers and hung a galvanised gate. The main reason that I want to object on is that this new entrance in the ditch has effectively opened up a view of the side of our house and hence our privacy is diminished.

What other grounds can I object on?

The NRA simply states that it "will rely on the planning authority to abide by the national policy etc..."

The reason he states in his retention application is that he requires it for access to his lands, but he has always had access anyway through his own land to the point of where the new gate is.

I would not get your hopes up. I was in a similar situation and the local authority were very keen at first,then suddenly decided not to take any further action.
The land is owned by property developers who had strong support from councillors when they tried (unsuccessfully) to have the land rezoned. Wonder if there is a connection?
But do not let me put you off: go ahead with the objection anyway, and good luck.

damolee

I recently saw a potential site for a house but I believe it has been turned down for permission in the past. The entrance is closer than 120 metres from the nearest bend and the speed limit is 80km per hour at the bend. Is 120 metres the standard distance that planners require a house to be from a sharp bend or does it vary from county to county?
What if the speed limit at the bend was 60km per hour, would this make a difference?

Sorry if this has been posted in multiple places!!!

ht9zni1gs28crp

damolee wrote: »

I recently saw a potential site for a house but I believe it has been turned down for permission in the past. The entrance is closer than 120 metres from the nearest bend and the speed limit is 80km per hour at the bend. Is 120 metres the standard distance that planners require a house to be from a sharp bend or does it vary from county to county?
What if the speed limit at the bend was 60km per hour, would this make a difference?

Sorry if this has been posted in multiple places!!!

This most likely varies, I know Meath Co Co stipulate a 90m sight line unless circumstances vary ie near a junction etc.. This may be overcome by opening up sightlines or offering a larger area for cars to exit and enter

kilclon

Yeah I think it may vary from county to county. In Carlow its 90m on a regional (80kmph) road and 120m on a national road (100kmph). Give your planning office a call.

damolee

kilclon wrote: »

Yeah I think it may vary from county to county. In Carlow its 90m on a regional (80kmph) road and 120m on a national road (100kmph). Give your planning office a call.

Just rechecked old planning applications for the site and it seems to suggest 110 metres were needed. But this was back in 2008. I wonder has it come down to 90m now, seeing as the two previous posters in different counties suggested 90m?

jenks

Retention planning for basement. I built a house approx 7years ago. The sight was on a severe slope and would have required a large amount of fill. The builder suggested instead of filling under the house put in a basement. I went with this though it is not on the original plan. What difficulties could I face applying for retention?

kilclon

'A statute of limitation (the so-called “seven year rule”) means that action cannot be taken against an unauthorised development after a seven year period has passed.' http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,31564,en.pdf

Is the 7 year period up? I wouldn't draw attention to it until it is.

jenks

kilclon wrote: »

'A statute of limitation (the so-called “seven year rule”) means that action cannot be taken against an unauthorised development after a seven year period has passed.' http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,31564,en.pdf

Is the 7 year period up? I wouldn't draw attention to it until it is.

It will be up soon, what I am more concerned about is if I am unsuccessful what could the reprecussions be. Thanks

kilclon

Its all there in the link I posted.

bitr1984

Hi Guys

Quick Question: does anyone know what the procedure is to get a buildings purpose changed, I am looking at renovating a house that has been previously converted to a dental surgery and I need to change the building back to being a house, do I need to apply for planning for this or is there a much simpler way? the house is in cork city

any help much appreciated

kilclon

bitr1984 wrote: »

Hi Guys

Quick Question: does anyone know what the procedure is to get a buildings purpose changed, I am looking at renovating a house that has been previously converted to a dental surgery and I need to change the building back to being a house, do I need to apply for planning for this or is there a much simpler way? the house is in cork city

any help much appreciated

You will probably need pp to change use from commercial to res. have a look at the zoning for the area. It will give you an idea of permissible uses. Chances are if it is in a residential area pp shouldn't be a problem. You would want to be sure of this prior to purchase though.

BryanF

bitr1984 wrote: »

Hi Guys

Quick Question: does anyone know what the procedure is to get a buildings purpose changed, I am looking at renovating a house that has been previously converted to a dental surgery and I need to change the building back to being a house, do I need to apply for planning for this or is there a much simpler way? the house is in cork city

any help much appreciated

you need to apply for planning - as others have suggested best to make and purchase(if that is the case) reliant on planning being granted

bitr1984

thanks for the reply guys, was really hoping there was a quicker way than planning, seems almost ridiculous as the outside still looks very much like a house and would need little or no changes (external insulation at most) bit annoying to have to wait for planning just to change the wording of its purpose

Krispie

kilclon wrote: »

'A statute of limitation (the so-called “seven year rule”) means that action cannot be taken against an unauthorised development after a seven year period has passed.' http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,31564,en.pdf

Is the 7 year period up? I wouldn't draw attention to it until it is.

This is where this type of selective advice can land an unsuspecting poster into deeper waters......

If the actual Act is to be referred to and not some part explanatory leaflet the so called "seven year rule" is a load of tripe tbh.

You STILL have unauthorised development that cannot be sold with free unhindered title. And also, if permission was granted for works to the site, in your case I understand a house, the 7 years by standard virtue is in fact 12 years as it is the 7 years PLUS the standard 5 years attached to the original condition ie 7 years only commences after the expiration of the original 5 years attached to the parent permission on the site.

Refer to section 157(4)(ii) but the whole section of 157 spells it out really.

Not meant to burst your bubble but best know ALL the facts...;)