planning consent

gimmeabrk07

hi 'm looking for some legal advice regarding whather our neighbour/landlord should have notifed us of a planning application to change a bungalow to a multi occupancy dwelling, as we have been having problems re noise from the latest occupants. since calling the landlords letting agency,prtb,police, a td and the county council (noise dept)who advised us to go to court as they dont deal with this!

Victor

There is no general obligation to notify neighbours. There is a requirement for a site notice and a newspaper ad.

The offenders and the offender's landlord have a responsibility to you. Write to them to sort it and chase the council noise people (alternatively go to court yourself).

gimmeabrk07

so no application has to be made to the dublin city council to change the use of the property from a bungalow to flats?

Victor

gimmeabrk07 wrote:

so no application has to be made to the dublin city council to change the use of the property from a bungalow to flats?

Did I say that?

To sub-divided an existing residential property requires planning permission (as does merging properties into a single dwelling or a change in use). There is a requirement for a site notice and a newspaper ad. There is no requirement to notify neighbours in person.

gimmeabrk07

i've just done a Planning Application Search on dublincity.ie, and can find no sign of an application made to change/sub divide the property just permission to build a Bungalow on site at south west side of the property.so should i make a complaint/phone call to dcc

godtabh

gimmeabrk07 wrote:

i've just done a Planning Application Search on dublincity.ie, and can find no sign of an application made to change/sub divide the property just permission to build a Bungalow on site at south west side of the property.so should i make a complaint/phone call to dcc

Just because you cant find it doesnt mean its not there.

If your worried about it why not call in to the planning office?

odonnell

it will require planning and i would suggest phoning the relevant planning office, or any one really - theyll point you in the right direction.

If he has already converted the bungalow he will most likely get a nasty fright in the form of an enforcement notice from the planners. Generally they will ensure a viable application is lodged first and foremost, and in the event of works having been carried out without permission, they will require the landlord to revert the property to its previous state.

The landlord will have time to submit an application proper (there may be one in the pipeline just now, and as yet unlodged, but the fact the works are already carried out puts him in a sticky position.

Now, the planners MAY be satisfied at his proposals and grant permission (if he has a site large enough and the bungalow itself is large enough to meet regulations), but you will at least have a chance to object.

End of the day - phone the council, ask if a planning app was ever lodged for the address, if it hasnt, inform them of the subdivision (if youre SURE it has been subdivded). It could take a few months to get to the point where hes had to revert the property to its original state, but at least order will have been restored in the world

Ste.phen

Does the OP actually state that the property was modified, or was the only change to the property the number of people living there increasing?

They do state that it's flats, i guess, but something about the phrasing makes me doubt we're understanding the problem exactly

gimmeabrk07

it was a 2 bedroomed bungalow b4 it was sold late 90s and then resold to the present owner/landlord.couple of years ago noticed renters had moved in, have been a few others since but present tennants are a fkn nusience.it appears to have been modifyed last year at least 4 people were livin there, and the attic( shared)has been renovated to create a new bedroom. i rang up the council this morn and they have given us a few numbers to ring

odonnell

fairly cut and dry issue to be honest, nothing too complicated, a suspected sub-division of an existing property.

hopefully you get sorted now, just make sure you keep chasing it up with the council, they are notorious for being slower than a week in the jail - no mistake.

alinoee

' and the attic( shared)has been renovated to create a new bedroom.'

thats legal most of the times. any external alterations to the front or side of house?
how many entrances?

godtabh

Do you require planning permission for an attic conversion? I wasn't aware that you were.

If there was existing planning permission for change of use and then he converted the attic I dont see the problem.

The OP seems to have a problem with the tenants and that's the reason behind questioning the planning permission.

Victor

kearnsr wrote:

Do you require planning permission for an attic conversion? I wasn't aware that you were.

Under the old rules yes, as you were extending the floor area.

Under the modern exemption for small extensions - I don't know.

However, if it affects the front of the house, PP is a must.

godtabh

Victor wrote:

Under the old rules yes, as you were extending the floor area.

Under t he modern exemption for small extensions - I don't know.

However, if it affect the front of the house, PP is a must.

As far as I'm aware internal conversions were there isnt a change of use i.e converting an attic for domestic use doesnt require PP. if there are external alterations to the house then yes you do.