Notice to remove waste from property...

SilverStork

Not really sure where this fits TBH!

I bought a site in 2012, there is a derelict farmhouse on this 3 acre site which I hope to renovate as time and funds allow.

The site was previously owned by a developer, who was hoping to demolish the house and build on the site, but was repeatedly refused planning permission. He owned the site for some years, and in that time, accumulated all the materials necessary for the planned construction, which are stored on site. It looks like a builders yard. Complete with builders boards and security fencing. Aerial photos show that it remained this way since 2007. However it was largely disguised by the amount of trees and shrubbery overgrowing all of the material.

My intention (much to the delight of my immediate neighbours) is to return the farmhouse and yard to its original state, and reclaim what can only be described presently as a 'construction' site, to grazing land. However it will take me some time to do this.

In the year I have owned the site, very little has been done. Part of the derelict building (a 1950's extension) was taken down as it was damaging the integrity of the original house, the inside of the house was cleared and while this work was done, some of the grounds around the house were cleared. Alot of this material went into the large hayshed on site. The site was a mire of rubble and building materials, overgrown with trees and shrubs. All the trees and shrubs have been cleared and collected into piles, and all of the building materials have been cleared up and gathered into piles. It looks a damn site better TBH. We have not removed any material from the site, as some of it may be useful. There has been a minidigger on site, from time to time, clearing shrubbery, moving materials, and levelling areas of the land. We dug around to find the septic tank to investigate its condition and the percolation of the site, but that has been levelled out again now. Basically doing what funds allow.

The site itself, the land included with the property was previously filled to a level far above the level of the house, and as I understand from my engineer, we will already have potential problems with percolation - it would not be in our interest to add any more material (in the way of fill) to the site. I was also advised by a different consultant who was present when the ground directly around the house was being cleared of shrubbery, not to remove any material from around the base of the house, for fear of doing damage to its structural integrity. Basically we have been able to do very little while we consider how best to renovate the house.

I have now received a notice under Section 55 of the waste management act ...

'To cease the acceptance of waste onto the site'

And further directed to;

'Remove all unauthorised waste material from the site, dispose of it appropriately and provide receipts for same'

There is a deadline for these measures to be carried out.

I'm not even quite sure how to respond to this TBH.

Where do I stand? Am I responsible to pay to have this site cleared, when these materials may be of use to me? I am hoping to reclaim all of the materials that were part of the original house and outbuildings.

Rubberchikken

have you spoken to your engineer about this. i should imagine he/she would have some knowledge.
if not a visit to the council may be on the cards.
who would have issued the notice and why? did a neighbour make a complaint?

SilverStork

Rubberchikken wrote: »

have you spoken to your engineer about this. i should imagine he/she would have some knowledge.
if not a visit to the council may be on the cards.
who would have issued the notice and why? did a neighbour make a complaint?

Yes, I think that somebody must have complained. I understand that it is not the most attractive looking site at the moment - but it has been derelict/vacant for near to 20years, all of the material on site was just hidden from view. I have a lot of photos of the condition of the site pre purchase and since so I am hoping that may help.

I have one adjacent neighbour who is very friendly and fully informed of my intentions and then there is a derelict property on the other side. There are no other houses adjacent the property. So I have no idea where this complaint (?) has originated.

The house of course is very visible now, whereas before you couldn't see past the builders boards and trees.

I have attached images of the view of the site from the road;

The first is a photo from the road, as shown in 2009 streetview.

The second is a similar view, but from the early 2012 sale ad.

The third was taken last winter, 2012, after purchase, when we had just cleared the 'front garden' area. You can see a pile of rubbish in the front yard - all that contains, it literally cleared shrubs and the builders boards we took down to get access with the digger.


The very last photo is taken standing at the side of the house looking out towards where there other photos were taken, after the clearing work was finished.

miller50841

There is no waste there to attract rats and alike.

I find this country amazing sure go into Dublin city or surrounding areas or even estates down the country and the people in the properties just fling all rubbish into the garden or street and nothing done about it.

Easy option would be put up fencing around the piles or shift to a space that can't be viewed from the road.

athtrasna

It sounds like someone suspects illegal dumping on your land, the demand that you cease accepting waste sounds like that. Are there trucks coming on to your land OP that would make someone think that?

SilverStork

miller50841 wrote: »

There is no waste there to attract rats and alike.

I find this country amazing sure go into Dublin city or surrounding areas or even estates down the country and the people in the properties just fling all rubbish into the garden or street and nothing done about it.

Easy option would be put up fencing around the piles or shift to a space that can't be viewed from the road.

There is very little as to what could be described as 'litter' on the site, bar what blows in. No fly-tipping etc All of the material is building related, though some of it is useless stuff (old piping/hosing or mangled security fencing) I will have to pay to have what is left eventually removed, but its not on top of the list of priorities when the house is still derelict!!

Not even that, there are people who keep their yards/property in a permanent state where it looks like a scrap or building site. Mine does look a bit like a building site, because it is a building site! It hopefully won't always look that way!!

There are things often parked on the site, my father owns a dumper and often has the use of machinery - its often parked there when he has the use of it (usually empty though, as it is at the moment) This enables me to get some odd jobs done without having to pay to hire machinery. There are no trucks coming onto the site though, and infact we would need a permit to bring such trucks down the road.

The last time there was anything in the dumper was when we were taking down the extension, several months ago. It was parked behind the house for a long time, but it is in view at the moment over at the side of the site.

At the moment, very little of the piles of construction material are in view, but when the bushes and trees are bare in a few weeks, more will be visible.

I have to respond in writing any representations concerning the terms of the notice or carry out the terms;

So for example, I must 'cease the acceptance of waste on the site' by the 24th of October, or face a 3k fine - or a 12 month conviction!!

By the 17th November I am supposed to have submitted receipts for the removal of 'waste' on the site!

It seems to me that regardless of the condition of the land, they may be looking for perhaps progress to this effect at least? There is probably some stuff I could get rid of, but this is a cost I could do without at the moment

I am trying to compose a letter at present

ted1

As them to define waste, it's a very hard thing to define

miller50841

Get a mini skip fill and show receipt for same.

SilverStork

miller50841 wrote: »

Get a mini skip fill and show receipt for same.

Thankyou that is a very good idea - it seems you can get those skip bags for 50 to 100 euro collected. I could fill one of those I guess.

SilverStork

Also, for the purposes of my letter - I would like to find out if or when the previous owner had a fill licence - does anyone know where I could find out such information? In planning permissions?

A lot of the the fill used on site prior to my purchase contains sort of 'heavy materials', rubble and such. When doing investigations on site, a lot of this was gathered up and put aside, it will be useful again no doubt for hardstanding in gateways or grading drainage areas and such, but I would like to be able to point out, why that material is there in the first place!!