Mechanic working next door - please help

fryup

sorry didn't read the full thread,

but did you have words with him about this ?? whats he like as a person ..reasonable or rough?

Anna323

I spoke to him - he didn't seem too bothered - explained i don't feel safe - he brushed it off.

coolbeans

kippy wrote: »

He doesnt 'gain a right' to do anything.....no matter the time period.

He does actually . Unlawful development becomes lawful if the planning authority fail to enforce within a set time. Not relevant here obviously but it is possible.

kippy

coolbeans wrote: »

He does actually . Unlawful development becomes lawful if the planning authority fail to enforce within a set time. Not relevant here obviously but it is possible.

Health and Safety/Environmental law/Employment law etc does not become lawful just because you've gotten away with it for a set period of time.......
Indeed even "unlawful" developments don't become lawful after a set period of time.

Rabbo

coolbeans wrote: »

He does actually . Unlawful development becomes lawful if the planning authority fail to enforce within a set time. Not relevant here obviously but it is possible.

There is a 7 year statue of limitations on proceedings from the planning authority, i.e if the development has been in place for 7 years the council cannot take enforcement proceedings. It dosent necessarily make the development lawful but the planning authority become precluded from taking action against him. This dosnet seem to be relevant to the OPs case.

coolbeans

kippy wrote: »

Health and Safety/Environmental law/Employment law etc does not become lawful just because you've gotten away with it for a set period of time.......
Indeed even "unlawful" developments don't become lawful after a set period of time.

You're wrong. We're talking planning law and the statute of limitations. See page 10 of the Planning Enforcement in Ireland page 10. I'd post the link but can't do so from my phone. Its'all there.

jmayo

AFAIK from listening to this story one of the big things this guy can be done for is the disposal of waste oil, batteries, etc.
Also if oil has leaked onto other people's properties then he could be landed with clean up bill.
The neighbour with the dead tree, bush, shrub, etc should have their soil analysed.

This guy is an eejit because the last thing he should be doing is antagonising his neighbours as it sounds he is operating outside the law on so many levels.

As others have pointed out, people can operate businesses from their homes when they have the necessary facilities that meet planning requirements and don't interfere with neighbours.

Any mechanic I know that works from home, has a garage of some sort (often with separate entrance) and a fair amount of offstreet parking.
I don't know of any that park in front gardens or on rose bushes. :rolleyes:

kippy

coolbeans wrote: »

You're wrong. We're talking planning law and the statute of limitations. See page 10 of the Planning Enforcement in Ireland page 10. I'd post the link but can't do so from my phone. Its'all there.

No, we are talking about all laws mentioned so far - which would include planning law.
As suggested, planning law is probably the least relevant in this case anyway.

coolbeans

kippy wrote: »

No, we are talking about all laws mentioned so far - which would include planning law.
As suggested, planning law is probably the least relevant in this case anyway.

I would argue that planning law is the most relevant relating to the unauthorised use of a property. What would you suggest you get him on? Specifics please.

Chemical Byrne

porsche boy wrote: »

No, Your initial statement was wrong. I agree with you that this guy seems to be breaking laws but with the right set up it is perfectly legal to operate a business from your house including a garage.

Yeah, it is totally possible to operate a business from your home if it is something non intrusive, like some form of professional practice or something.
Not in a month of sundays would planning permission be granted for running a car repair business out of a semi-d.

In theory it might be *possible* if there was nothing banning it outrightly it in the relevant development plan but in reality the council would attach to many conditions to the grant that it would be impossible to operate within.

OP, this guy sounds like a complete cúnt.

Get onto:
-Planning dept of council
-Environment dept council
-EPA
-Revenue
-Gardai regarding untaxed uninsured cars parked in public place
-Gardai regarding any threatening or abusive behaviours directed at you
-Health and Safety Authority
-Fire Cheif's office

To get this guy to stop, you need to make him sweat it and feel that he cannot win against you. Bring down a storm of bearaucratic harrassment on his head that will put so much stress on him that he will be unable to conduct his business anymore.

Any conversation you have with this plonker, make sure you have it outside on the public footpath. That way you can legally video or record it. And that way he won't get aggro with you, unless he is completely thick of course.

Also, I'd get a CCTV installed by a registered contractor and have it set up legally so anything captured can be used against him in court.

kippy

coolbeans wrote: »

I would argue that planning law is the most relevant relating to the unauthorised use of a property. What would you suggest you get him on? Specifics please.

1. Health and Safety - which, while being a part of planning, also has a number of facets that operate independently.
2. Environmental - Again, can be part of planning but can be broken out independently. - See issue with neighbours garden etc
3. Revenue - is this guy paying rates, registered for VAT, company status etc?

None of these three areas have any time limitations...........
That's about as specific as I can get to be honest.

coolbeans

kippy wrote: »

1. Health and Safety - which, while being a part of planning, also has a number of facets that operate independently.
2. Environmental - Again, can be part of planning but can be broken out independently. - See issue with neighbours garden etc
3. Revenue - is this guy paying rates, registered for VAT, company status etc?

None of these three areas have any time limitations...........
That's about as specific as I can get to be honest.

Issues 1 and 2 would be brought to the attention of the relevant agencies through direct consultations coming in the first instance from the planning department. As we're on a property forum I thought it relevant to make that clear. I know nothing about revenue so I'll stay quiet about that.

bgo1

Ging Ging wrote: »

How is he disposing of his waste engine oil? If its a black market garage it may not have the required waste licence for this and used cars parts. Not sure if this would be issued by the EPA or council.

Environmental dept. of the local council - while you are there I would mention inconvenient noise if its occurring. EPA would be the final stop if the council are not seen to be acting on a complaint.

Its illegal for him to use civic recycling sites for his waste also. Domestic use only. Any business have to use authorized waste contractors for disposal i.e pay for it and keep all paper work for later inspection if problems like this one occur.

ps if you dont have evidence he is working on cars, and he says on inspection he only did one or two cars etc he may change his behavior but he wont be prosecuted for any illegal past behavior. You have to keep a record and dates, photos etc to outline the time period of the complaint. Your word against his otherwise.

Route 1 - Talk to him of your concerns
Route 2 - Co-ordinate residents & send him letter outlining all the concerns re. parking etc
Route 3 - Complaint Planning Dept Council,
Route 4 - Complaint Environment Dept Council

Chemical Byrne

That is true op, the council would probably contact some of the other bodies or vice versa.
Still it's no harm to directly report yourself too. I dunno, it might help create some sense of urgency about it.

Tell the Gaurds you are a single woman and you are in fear of this man and what he might have the potential to do. It might be no harm just to let them know that even if you cannot give any specific reason. They will have it on record that there is something going on.

Chemical Byrne

bgo1 wrote: »

Route 1 - Talk to him of your concerns
Route 2 - Co-ordinate residents & send him letter outlining all the concerns re. parking etc
l

Waste of time.
Fellas of his ilk don't give a toss. He'd only laugh at ye.

You need the authorities to deal with this one as they have actual bite as well as bark.

The_Morrigan

Mod Note: Ok folks I'm locking this up as I can't see any more constructive advice being given.