Planning issues - post them here MOD WARNING post #1

cerastes

sydthebeat wrote: »

you said you looked at the folio years ago.... what use is that now?
do you also expect land sales to be registered with Land Registry immediately??? they can take years to go through.

what are you basing your "99.9% certain"ty of no official sanction on this?

you have given us NO facts yet are looking to hear answers that suit your agenda.....

You seem irate

I base my certainty on living here for all that time and having not seen anything except them fence off this portion of land, Im trying to confirm if they have done this legitimately but I dont believe thats the case.

Im asking for answers to the questions I put forward, I dont understand why you seem to be attacking my position in the matter? and are unwilling to answer the questions? it smacks of allowing things to made up as they go along, isnt that why there are planning regulations? to prevent people doing anything they please.

1.How long is it before they can aquire this plot? (by sitting on it).

2.Do they have to put up a sign as with a planning application? or is it just an application they process with the council? (to aquire the plot other than by sitting on it).

3.what is the process to do that? and can people object?

cerastes

BryanF wrote: »

why not check this out and comeback, with the principle item confirmed.

in the mean time Gents, lets keep this civil, thanks

I didnt see your post before posting mine,
as stb has suggested, updating the folio may take years, how can I confirm its up to date?
If thats correct that the folio might not be updated, then how do I find out if there is anything in process, other than merely accessing the folio record, are there other ways to confirm this, who to approach at the council, if I was aware there is a process then I can confirm no signage has ever been present to suggest any changes as I look onto this and could see something like that daily.

Aard

It would not be usual for a council to sell land zoned as open space in an estate, as that open space would generally have been required in order to obtain planning permission for the housing development.

cerastes

Aard wrote: »

It would not be usual for a council to sell land zoned as open space in an estate, as that open space would generally have been required in order to obtain planning permission for the housing development.

ok, so do I approach the land registry or the council, if the former and its via online, how can I confirm its up to date?
If the latter, would it be a planning dept?

Im trying to get an idea if its acceptable for them to do this too, there seems to be a distinct advantage for them to do this and none for anyone else as they have fenced off an area of green space for their own use.

(I didnt see the fence go up, I just noticed that it was up)

I just checked the land registry site, without checking out any folios or maps, the map in mypropertytitle.ie shows the land not being attached to their plot, same for the LPT map.

sydthebeat

Aard wrote: »

It would not be usual for a council to sell land zoned as open space in an estate, as that open space would generally have been required in order to obtain planning permission for the housing development.

It would not be unusual either for councils to sell 'haphazard' areas of green space to adjacent residents who wish to purchase it.

Aard

Really? I honestly didn't think councils were prone to considering that. If used correctly, somebody could easily turn a regular mid-block site into a valuable corner site with little effort. I wonder how the council values such land.

sydthebeat

Aard wrote: »

Really? I honestly didn't think councils were prone to considering that. If used correctly, somebody could easily turn a regular mid-block site into a valuable corner site with little effort. I wonder how the council values such land.

I've seen it quite often in the last few years, in both private and council estates.

I'm not talking about selling off huge chunk of usable open space, more like haphazard strips, segments etc which is only really useful for the purchaser.

Usually no more than few meters wide...

Aard

Ah OK, I thought the OP was talking about larger parcels of lands that might accommodate a house.

cerastes

Aard wrote: »

Ah OK, I thought the OP was talking about larger parcels of lands that might accommodate a house.

I never told this other poster how much land was involved and Im unsure why they seem to have taken an adversarial tone with their replies to me, this plot would accommodate a house, more than are usual here, although it would take small bit more annexation to complete this.

Hence why I was originally curious as to how long they could sit or squat on the extra plot before it becomes thiers through some kind of adverse occupation I meant possesion?

Lisbeth Salander

cerastes wrote: »

I never told this other poster how much land was involved and Im unsure why they seem to have taken an adversarial tone with their replies to me, this plot would accommodate a house, more than are usual here, although it would take small bit more annexation to complete this.

Hence why I was originally curious as to how long they could sit or squat on the extra plot before it becomes thiers through some kind of adverse occupation I meant possesion?

If you take in a piece of land in the way you are talking about, it is covered by the regulations of the land and conveyancing law reform act, which has had some recent changes to it. I cant tell you what the case is with land that is zoned for a particular use, but I can tell you, that if I move my fence outwards into my neighbours land, say its a vacant field, and I use that land without his consent or knowledge for a period of 12 years, I then have a right to use that land as an easement, which means that I have a right to the use of his land without actually possessing that land. I can then get an order to protect that easement for my own use. Might be worth your while just looking up some information on easements.

sydthebeat

cerastes wrote: »

I never told this other poster how much land was involved and Im unsure why they seem to have taken an adversarial tone with their replies to me, this plot would accommodate a house, more than are usual here, although it would take small bit more annexation to complete this.

Hence why I was originally curious as to how long they could sit or squat on the extra plot before it becomes thiers through some kind of adverse occupation I meant possesion?

how do you know what space is required to "accommodate a house"?
are you telling us they have doubled their plot size now? only you said earlier that they had "extended their garden" ?? which is it?

i find it strange that you are a neighbour checking your neighbours land registry folios, landlord registration and tax status too... as per your OP.

you have already been onto your local council, according to you.... ever think the reason you got no reply was because its none of your business?

cerastes

sydthebeat wrote: »

how do you know what space is required to "accommodate a house"?
are you telling us they have doubled their plot size now? only you said earlier that they had "extended their garden" ?? which is it?

i find it strange that you are a neighbour checking your neighbours land registry folios, landlord registration and tax status too... as per your OP.

you have already been onto your local council, according to you.... ever think the reason you got no reply was because its none of your business?

You are jumping to conclusions and you seem to have taken exception to me making an enquiry into information that is in the public domain. I dont know why?
I said they extended their garden which is greater than double the original plot, I never said the size, but not for any particular reason. Which is it?, enough to put a house on, what does it matter, they fenced it off.
How do I know what size plot will accomodate a house? well this plot is bigger than many that have houses on them, whats your issue with it? They have appropriated a space thats not theirs, but because of this a problem that occured ended up having to be payed for by a number of residents.

I looked at my folio and got a copy for a specific reason and at the time paying was not necessary, I did go to the land registry to try and locate services, cant recal what the outcome was as I know I got that information from the council.
On one other occasion I had to contact the owner of a property that had the house rented to anti social tenants and was not registered, from this I was able to obtain their name and ultimately I was able to contact them. This is allowed you know.

What business is it of yours if I do this? its not illegal, its information in the public domain, Im getting a bit unhappy with your replies, there was a request to keep things civil, but its not me that is being uncivil, why are you dragging this off course? you're being critical without any point and have failed to answer any questions I asked and seem to just be attacking me, so why bother reply if you're not coming forward with anything constructive?

I dont know what your problem with this is? and if its information in the public domain and is accessible then it could very well be my business, Im not looking for their name although I could locate that if I wanted. Im trying to find out if its an allowable or acceptable practice.

Did someone upset your apple cart and object to you seizing a parcel of land or something? or oppose you building some eyesore?? otherwise I dont get where you're coming from.

sydthebeat

cerastes wrote: »

....They have appropriated a space thats not theirs, ....

and you know that how???

cerastes

sydthebeat wrote: »

and you know that how???

Ok, they fenced off a space that I dont believe is theirs and I want to find out if they are sitting on it till it becomes theirs or if they legitimately payed for it, because it seems that it is a green space in the area and not for their sole use.

This isnt a few metres at the back of their house that no one could have access to.

Would you care to explain your hostility towards me, you seem to be taking exception to my enquiry.

sydthebeat

Your local building control office should know what areas are taken in charge and what aren't.
Whether they will tell you if they sold land to a private individual is another matter.

cerastes

sydthebeat wrote: »

Your local building control office should know what areas are taken in charge and what aren't.
Whether they will tell you if they sold land to a private individual is another matter.

thats what I consider I could be looking for, thank you!
I cant see how it wouldnt be acceptable to even ask, if this was as it seemed, a public space.

Gumbo

sydthebeat wrote: »

Your local building control office should know what areas are taken in charge and what aren't.
Whether they will tell you if they sold land to a private individual is another matter.

Why would Building Control know what areas of a development site are to be taken in charge?

sydthebeat

kceire wrote: »

Why would Building Control know what areas of a development site are to be taken in charge?

not "to be taken" but already in charge.

Our local BCO is the go to guy to find out what developments are taken in charge.
When an application is made for the LA to take an area in charge, surely the BCO goes out to inspect to ensure compliance with standards?
The BCO is also the one who asks for the "as build" drawings and sewer videos.

Gumbo

sydthebeat wrote: »

not "to be taken" but already in charge.

Our local BCO is the go to guy to find out what developments are taken in charge.
When an application is made for the LA to take an area in charge, surely the BCO goes out to inspect to ensure compliance with standards?
The BCO is also the one who asks for the "as build" drawings and sewer videos.

Sounds like a good system alright Syd. Was genuinely interested I the answer but it doesn't happen in DCC.

sydthebeat

kceire wrote: »

Sounds like a good system alright Syd. Was genuinely interested I the answer but it doesn't happen in DCC.

so as a slight aside, sorry mods, whats the process in DCC for taking in charge, and who administers it? Do building control have no input?

Gumbo

sydthebeat wrote: »

so as a slight aside, sorry mods, whats the process in DCC for taking in charge, and who administers it? Do building control have no input?

AFAIA, no. The internal (inside the apartments only) water system is checked by DCC plumbers. The internal roads are checked by Roads Dept.
Then when you are ready for connection to the main public system Drainage inspect you layout and oversee or carry out your connection.

Maybe it's just been a quiet time since I started but BC have not been involved in any taking in charge operations in my time.

I will confirm though with a senior surveyor that it's not handled at a management level or a more senior level than me.

Sarah3

I recently received planning for a renovation and extension project of a detached house.

I am now considering 2 changes namely:

1) Omit a window at the side of a house
2) Move small window beside back door to opposite side of door

I am wondering if I could get away with these changes without having to go back for planning.

And will my engineer sign off on the full project if I make these changes?

DOCARCH

@Sarah3. Ask your engineer!

I think the changes you specifically mention are so minor, there should be no issue.

Gumbo

Sarah3 wrote: »

I recently received planning for a renovation and extension project of a detached house.

I am now considering 2 changes namely:

1) Omit a window at the side of a house
2) Move small window beside back door to opposite side of door

I am wondering if I could get away with these changes without having to go back for planning.

And will my engineer sign off on the full project if I make these changes?

Shouldn't be an issue. It will be in substantial compliance. Confirm with your engineer beforehand to clarify 100%.

miguelk

Hi All,

Question for you.

Scenario:
PP granted last year for circa 3,400 sq ft house.
I want to downsize by reducing the overall length/breadth, design is principaly the same, just smaller by about 750 sq ft.

Question:
How do I go about applying for this change? A search of previous posts suggests a new full application is requried although I see other advice saying a "change of house type" application can be made.

Would all the documentation have to be resubmitted or just the amended drawings?

Also, would my percolation test from 1 year ago still be valid or would a new test be required?

Much appreciated.

BryanF

miguelk wrote: »

• PP granted last year for circa 3,400 sq ft house.
• reducing the overall length/breadth... by about 750 sq ft.

1. How do I go about applying for this change?
2. A search of previous posts suggests a new full application is requried although I see other advice saying a "change of house type" application can be made.
3. Would all the documentation have to be resubmitted or just the amended drawings?
4. Also, would my percolation test from 1 year ago still be valid or would a new test be required?

1. approach the planners, ideally with the person that submitted application in the first place
2. ask the planner, but have a sketch design of what your planning first
3. probably all, ask the planner
4. probably ok, 1 year would suggest its under the same regs, it normal enough to ask the Eng to revise the cover letter

Scotia Major

Folks - Iv read a fair bit of posts on this forum but havent had the relevant knowledge to post anything!

My wife and I plan to build a home behind my parents house (built late 70s, bungalow). It is on a rectangle 1 acre site out the country, fields all around, however there is a main N road approx 200 - 250m away. My parents fenced/planted off half the plot (1/2 acre) years ago in case some of us wanted to build there. Never thought I would, but hey, there you go!

Iv checked the CDP and it says the council will consider development on backland sites depending on privacy, vehicular movements/hazards etc.

We would be using the same vehicle entrance. (1 drive currently leads to the home house and the other one runs along the boundary to our plot out the back. I really couldnt see this as an issue.

Proposed house will be 40m back from home place and theres a 7foot hedge between us too so that should be OK.

My parents existing septic tank is currently located on our plot. I plan to site the house in the back corner, so maybe we can leave their septic tank alone. In situations like this would the council request us to upgrade theirs too or maybe move theirs?

Unfortunatly due to the resession we are living outside the country but I still plan on arranging a pre planning meeting for when I come home. Does bringing a councillor along have any sway anymore!?

tomasmoriarty

Hi all,

I posted this in the wrong area first.

I am building an extension which has been designed to to be planning exempt.

The extension is under 40m2 and in compliance with other regs. The open area to the rear will be bang on the 25m sq once works are completed. Until then an iron, concertina style folding gate takes up room which will be replaced by a new much narrower panel fence which will create the extra space.

My question, does the 25m sq count as of now with work ongoing or when the works are complete. I have someone coming to measure from planning so I'd like to know the interpretation of the legislation.

Thanks

kilclon

Shouldn't be a problem if the works to change fence/gate are part of your project.

Gumbo

tomasmoriarty wrote: »

Hi all,

I posted this in the wrong area first.

I am building an extension which has been designed to to be planning exempt.

The extension is under 40m2 and in compliance with other regs. The open area to the rear will be bang on the 25m sq once works are completed. Until then an iron, concertina style folding gate takes up room which will be replaced by a new much narrower panel fence which will create the extra space.

My question, does the 25m sq count as of now with work ongoing or when the works are complete. I have someone coming to measure from planning so I'd like to know the interpretation of the legislation.

Thanks

As per the other thread, once the finished product leaves 25 Sq. M you are fine.