Unusual Planning Query

ordinarypunter

Hi, I hope this is unusual!

I built a dormer window to the back of my terraced house a few years back, and engaged an architectural technician to help me get planning permission.

Planning permission was achieved, and during construction, I made a slight change to the planning submission - I used copper to clad the dormer instead of slates as it said on the planning sketches. The architectural technician advised me that this should not present a problem, as copper was just as/more in keeping with the Dublin roof/skyline.

A neighbour (from hell) has just complained to the council, and i received a warning letter, saying the matter is under investigation. It offers me the opportunity to make a submission in writing on the matter.

In the first instance, I simply could not afford to change the cladding on the dormer, but that is by-the-by.

Can anyone advise me on what I should do?

Many thanks,

Yours, rather worried

archtech

ordinarypunter wrote: »

Hi, I hope this is unusual!

I built a dormer window to the back of my terraced house a few years back, and engaged an architectural technician to help me get planning permission.

Planning permission was achieved, and during construction, I made a slight change to the planning submission - I used copper to clad the dormer instead of slates as it said on the planning sketches. The architectural technician advised me that this should not present a problem, as copper was just as/more in keeping with the Dublin roof/skyline.

A neighbour (from hell) has just complained to the council, and i received a warning letter, saying the matter is under investigation. It offers me the opportunity to make a submission in writing on the matter.

In the first instance, I simply could not afford to change the cladding on the dormer, but that is by-the-by.

Can anyone advise me on what I should do?

Many thanks,

Yours, rather worried

I would apply for a declaration of exemption under section 5 of the planning act. Assuming your dwelling is not a protected structure or in an architectural conservation area that should address the issue otherwise it's a case of a retention planning application and your neighbour will properly make a submission.

ordinarypunter

archtech wrote: »

I would apply for a declaration of exemption under section 5 of the planning act. Assuming your dwelling is not a protected structure or in an architectural conservation area that should address the issue otherwise it's a case of a retention planning application and your neighbour will properly make a submission.

Thanks ArchTech, the house is neither a protected structure nor in a conservation area, so I will make that application for a declaration of exemption.

I see too that the application's decision can be appealed to An Bord Pleannala if it's declined.

Thanks again for your advice

muffler

ordinarypunter wrote: »

Thanks ArchTech, the house is neither a protected structure nor in a conservation area, so I will make that application for a declaration of exemption.

I see too that the application's decision can be appealed to An Bord Pleannala if it's declined.

Thanks again for your advice

If you have received a warning letter I'd think it unlikely that the PA would grant a declaration otherwise they could be seen as being wrong in issuing the warning letter.

There are no hard and fast rules in this situation but I'd suggest ringing the local planner in advance and ask if its worth the time and expense of seeking a declaration.....basically are they likely to look favourably or unfavourably on it. In my experience the planner (all depends on who you are dealing with at times) will probably give you an indication (verbally)

If you do have to apply for retention then the application like any other planning application can be objected to and the decision appealed.

archtech

muffler reading the original post the letter warning letter received by the op stated the matter was under investigation, rather than anything has been done right or wrong. Most people automatically proceed with a retention application when a warning letter arrives, rather than seeking a declaration, when in fact a declaration could/would address the matter.

Assuming all else is in order in terms of planning building regs etc, based on previous experiences of declarations, I would be advising the op to take the declaration route first but that there is no guarantee that it will be successful. Any information prepared for the declaration submission will also be useful for a retention application if required.

muffler

Maybe you should read my post again particularly what I suggested the OP should do.

As you should know by now various PA's have different approaches and opinions so we will have to agree to disagree on our respective experiences in these matters so.

ordinarypunter

Hi Archtech & muffler, I better be as clear as possible...

The letter is a "Warning Letter under section 152...", stating that "it has come to their attention that unauthorised development may have been, is being or may be carried out at the above premises"

It is alleged that Condition 3 of the PP has not been complied with, in that the roof of the attic dormer at (my address) has been clad in copper instead of slate.

"Condition 3 states that:

The external cladding of the dormer window extension hereby approved shall be clad in slates/tiles to match the existing main roof

Reason: to protect existing residential amenities

Please note that this matter is under investigation by the PES..."

It then offers me to make submissions or observations in writing within 4 weeks of date of letter.

Not sure if this makes a difference to the advice offered by you both, but i'm keen to pursue the most effective route.

Really appreciate again the bother you have both gone to.

muffler

ordinarypunter wrote: »

Hi Archtech & muffler, I better be as clear as possible...

The letter is a "Warning Letter under section 152...", stating that "it has come to their attention that unauthorised development may have been, is being or may be carried out at the above premises"

It is alleged that Condition 3 of the PP has not been complied with, in that the roof of the attic dormer at (my address) has been clad in copper instead of slate.

"Condition 3 states that:

The external cladding of the dormer window extension hereby approved shall be clad in slates/tiles to match the existing main roof

Reason: to protect existing residential amenities

Please note that this matter is under investigation by the PES..."

It then offers me to make submissions or observations in writing within 4 weeks of date of letter.

Not sure if this makes a difference to the advice offered by you both, but i'm keen to pursue the most effective route.

Really appreciate again the bother you have both gone to.

The advice offered by myself and archtech is essentially the same with the only difference being as to how you go about it.

As it stands at the moment you have a warning letter from the PA and the core issue of the external cladding to to the dormer window needs to be addressed. Applying for a Section 5 Declaration is of course an option and if granted avoids the need for a retention application.

I would have reservations about it being granted but as I said above different PAs can have varying views on these matters.....I suppose just like myself and archtech where our opinions are based on decisions made by planners over the years. What Im suggesting is to get in touch with the planner and discuss it and quite often they will give you an indication in advance if the declaration route is worth a shot or not.

Best of luck with it and let us know how you get on with it.

archtech

ordinarypunter wrote: »

"Condition 3 states that:
The external cladding of the dormer window extension hereby approved shall be clad in slates/tiles to match the existing main roof

Reason: to protect existing residential amenities

based on the above, its most probable that retention permission will be required, as muffler says you'll be best talking to the planning authority as to the best course.

Supertech

The most important thing is to deal with the letter within the timeline specified - make some contact with the Planning Authority in writing, and get it acknowledged - in writing - immediately. All the better if you can get either a retention application or an application for a declaration of exemption lodged within that timeline, but at least if it drags on you're seen to have acted promptly. (You don't say when exactly you received the letter, and the 4 weeks usually runs from the date of the letter, so you'll have lost a couple of days before you even saw it)

ordinarypunter

Thanks to all three of you for your replies; I really appreciate it. I received the letter only yesterday, and it was dated 4th Jan '12, so I have good time to be proactive.

I have only last (basic) question: I intend, as you advise, to contact the planner to sound them out whether it's worthwhile applying for a declaration of exemption before I apply for retention permission. However, should I contact the planning enforcement section (which issued the letter, and whose name is on the letter), or contact the planning applications department (i.e. as if I were applying for planning permission for the first time), or is there a difference (i.e. are these people all from the same section of the planning department of the council)?

Thanks again to all of you, and happy new year!

Supertech

Contact the person / department who issued the letter quoting the reference they've used on it and get instruction from them on the best way to proceed.