Planning issues - post them here MOD WARNING post #1

sydthebeat wrote: »

the first thing to do is to phone the planner and ask, off the record, if they will accept unsolicited further information with a "slight" design change.

so do, some dont.

if they accept the altered FI, then worse case sceanario is that they will request you to readvertise. turning a 4 week process to an 8 week one.

Syd - our posts crossed. Bingo - F.I. it is!

DOCARCH wrote: »

Question 1 - yes, planning permission would be required.

Question 2 - a good one! In theory I would say yes, as even if you were re-build, like for like (no extension), the reason you have to go for planning in the first place is that in planning terms, if the house burns down, the use as a house ceases to exist (as the house becomes uninhabitable) so that's why you need to planning to reinstate. In terms of the Building Control, you would have to consider it a new house (I think?).

Thanks for the reply.

It's an interesting one that I'm sure most people wouldn't consider.

<snip>

Mod: Off-topic. This isn't the appropriate thread.

newmug wrote: »

Not sure if this is a planning issue or not, but here goes.


Between myself and the neighbour, there's a wall that isn't exactly in the correct position, its about a metre too far in on my side. We both agree about where it should be, so there's no dispute or anything.


Last year, a fella came around mapping the street for the Ordinance Survey. He mapped what was physically there. We showed him the problem with the wall and asked could he correct it on the OS map, as we would be moving it soon anyway. He said he couldn't correct it, but he would record both the way it was currently, AND the way it should be, and when the wall is moved, we have to fill in some form and the correction will be done.


My question is, did anyone ever hear of this form? He told me what its called, but I cant remember. Should have written it down!

I'm interested in this also, we ran into some difficulties with Wicklow CoCo last year as the map they use for planning applications is at least 15 years out of date and didn't reflect the actual shape of our site now (although the changes was part of a previous planning applications conditions as required by the CoCo)

sydthebeat wrote: »

Yes. As its to the side it requires permission.

Exempted extensions can only exist completely to the rear of a dwelling

Cheers.

A garage counts as exempted development though ya ? Even at the side?

Feel free to correct me if this is more a legal issue but all advise would be greatly appreciated.
After almost 2 years of ignoring warnings/enforcement letters from council my neighbour had his day in court today. His extension was built, without planning, about 8 years ago but the wheels were in motion regarding the 7 year rule, so we're fine there. When asked about his lack of representation (solicitor) he stated he didn't need it as the house is not his. The judge then adjourned it for a month.
He lives in this house and carried out the works. Only thing we can think now is he transferred it into his son/daughters name.
Does this mean that all them warnings/enforcement s don't apply?
Basically is it enough that the property was brought to councils attention within 7 years or does it have to be addressed to right person.
I'm at the end of my wits. Council telling us nothing. Fed up.

Sinead Mc1 wrote: »

Feel free to correct me if this is more a legal issue but all advise would be greatly appreciated.
After almost 2 years of ignoring warnings/enforcement letters from council my neighbour had his day in court today. His extension was built, without planning, about 8 years ago but the wheels were in motion regarding the 7 year rule, so we're fine there. When asked about his lack of representation (solicitor) he stated he didn't need it as the house is not his. The judge then adjourned it for a month.
He lives in this house and carried out the works. Only thing we can think now is he transferred it into his son/daughters name.
Does this mean that all them warnings/enforcement s don't apply?
Basically is it enough that the property was brought to councils attention within 7 years or does it have to be addressed to right person.
I'm at the end of my wits. Council telling us nothing. Fed up.

Try a land registry search. That will tell you who owns the property and the date of ownership.

If the council have taken enforcement proceedings and he's transferred the property (very unlikely) in order to try to avoid those proceedings then the Judge will take a dim view of that.

Also, it's not as a simple matter to transfer a property these days, even to a son or daughter. There are tax implications and legal costs. Chances are that he may never have been the owner or he lied.

I am currently waiting on the final grant of permission(4 weeks) in case if any appeals from the neighbors, but I have already talked with all my neighbors, they are happy enough, can I go ahead with the build?

Brave Harvey wrote: »

No you will need a commencement notice which will notify the building authorities you are about to build within two weeks and you will need I think a final grant with this. And I think lodging a commencement notice now needs a whole lot of extra drawings and information but may not apply to your Planning Permission. In that it may only apply to planning looked for after the March new regulations.

Thanks, the extension is about 10sm so, the new build regulation doesn't apply. what would happen if I start now? as it's quite hard to pay mortgage and rent at the same time

My partners parents were going to build a house on a site beside their own house but were refused planning permission on the basis that there are too many septic tanks in the area.Percolation test was fine.

They have now offered the site to us to build on.

I spoke to an architect and I said would have no problem putting a modern bio-filter unit instead of a septic tank to get us through planning.

He said that to get planning my partners parents may have to replace their septic tank with a bio-filter unit as well.

My partners father has no interest in doing this and would not like his own property changed at all in anyway and also I can't afford to put in two bio-filter units.

I haven't spoken to the architect yet but we have half decided to go ahead with a plan to just install a bio-filter unit ourselves on our new build and hope that this will get us planning permission.

So in a nutshell, planners say there is too much crap in the area, we say we will put a fancy modern unit, but will this be enough?

Any opinions on if this is the right course of action or anyone with any experience of same?

On tight budget and very worried that we wont get planning.

Thanks in advance.