Planning issues - post them here MOD WARNING post #1

Effects · 31-08-2015 10:36am

DOCARCH wrote: »

Quick answer...yes.

Thanks for the reply. We've been granted permission for a mews but they stipulate a 2m set back on the ground floor. That leaves us with 10 sqm less on the floor with the bedrooms. Which is a lot given it's a 50 sqm footprint and leaves the first floor overhanging the bedroom windows by 3m.
A neighbour is probably going to appeal to ABP so might have to go that route first.

Angry bird · 01-09-2015 10:04am

Changes to part v and to contributions which from first reading appears to have immediate effect.

Belini · 13-09-2015 9:28pm

Hi
Just looking for some advice on planning? We currently live in a semi detached house and are planning a small ground floor extension which is within planning limits. We are also looking at possible extending one of our upstairs bedrooms . This will require planning. We have a small back garden which faces the side of our neighbours house, we don't know these neighbours as they live on a different road. Our garden is very small and hence the need for planning as it is quite close to their house albeit it the side of their house. They have a small side window into their kitchen which I see as the main stumbling block for us getting planning I.e it could be viewed as overlooking their kitchen even though we would not see much given the size and location of the window. There are also bushes on our side which conceal the view into their window .
Our architect has advised us to call to all neighbours to get a sense of their thoughts before applying for planning. Our builder is telling us not to bother calling to them as this would only encourage them to object and says they won't see the sign post out the front of our garden .
I am not sure what the best course of action is. We have no relationship with them but of all our neighbours they would be most likely to object.
Advice would be welcomed, we don't want to spend money on a planning application that is doomed from the start!

Gumbo · 13-09-2015 10:19pm

Apply for planning and let the LA make the decision. That's what I would do.

BryanF · 13-09-2015 11:13pm

Speak to your neighbours

Belini wrote: »

Hi
Just looking for some advice on planning? We currently live in a semi detached house and are planning a small ground floor extension which is within planning limits. We are also looking at possible extending one of our upstairs bedrooms . This will require planning. We have a small back garden which faces the side of our neighbours house, we don't know these neighbours as they live on a different road. Our garden is very small and hence the need for planning as it is quite close to their house albeit it the side of their house. They have a small side window into their kitchen which I see as the main stumbling block for us getting planning I.e it could be viewed as overlooking their kitchen even though we would not see much given the size and location of the window. There are also bushes on our side which conceal the view into their window .
Our architect has advised us to call to all neighbours to get a sense of their thoughts before applying for planning. Our builder is telling us not to bother calling to them as this would only encourage them to object and says they won't see the sign post out the front of our garden .
I am not sure what the best course of action is. We have no relationship with them but of all our neighbours they would be most likely to object.
Advice would be welcomed, we don't want to spend money on a planning application that is doomed from the start!

mrsWhippy · 27-09-2015 8:28pm

We have an appeal in with ABP at the moment. Do they generally take the full 4 months to make their decision? Is there any way of finding out what the status is, or when a decision is likely to be made?
Cheers

Angry bird · 27-09-2015 9:31pm

mrsWhippy wrote: »

We have an appeal in with ABP at the moment. Do they generally take the full 4 months to make their decision? Is there any way of finding out what the status is, or when a decision is likely to be made?
Cheers

They will have a decision due date for your one on their website.

BryanF · 27-09-2015 9:51pm

mrsWhippy wrote: »

We have an appeal in with ABP at the moment. Do they generally take the full 4 months to make their decision? Is there any way of finding out what the status is, or when a decision is likely to be made?
Cheers

They generally take the full allowable time.
Give them a call, as stated above the due date will be up in their website.

mrsWhippy · 27-09-2015 10:52pm

BryanF wrote: »

They generally take the full allowable time.
Give them a call, as stated above the due date will be up in their website.

Cheers. I already have the due date .. just wondering if its likely we'd get a decision before then. Its such a long, frustrating process!

hexosan · 27-09-2015 11:32pm

If they could they'd leave it longer just like the councils. I've yet to ever see a planning decision be it a refusal or grant given before the due date.

Gumbo · 28-09-2015 5:03pm

hexosan wrote: »

If they could they'd leave it longer just like the councils. I've yet to ever see a planning decision be it a refusal or grant given before the due date.

In Dublin we get most decisions before the actual due date. DCC are quite efficient once the 5 week appeal period has expired.

Angry bird · 28-09-2015 5:27pm

I think we could tighten up these time periods for planning applications, particularly at appeal stage.

Gumbo · 28-09-2015 10:30pm

Angry bird wrote: »

I think we could tighten up these time periods for planning applications, particularly at appeal stage.

+1

I think if there has been no appeals at the 5 week mark, the LA should aim to give a decision ASAP instead of after the 3 weeks.

I assume the 4 week appeal period between Notification and Final Grant cannot be altered due to the P&D Act, but at least the turn around be quicker from lodgement to decision.

Boscod · 04-10-2015 7:49pm

I'm thinking about reducing the length of an very old cottage I own in order to improved access to the back. The house dates from the early 1800's.
The work would involve the demolition and reconstruction of a gable wall, one metre in from it's current position, thus reducing the current floor area.
Is planning pemission required to do this?

BryanF · 04-10-2015 9:34pm

Boscod wrote: »

I'm thinking about reducing the length of an very old cottage I own in order to improved access to the back. The house dates from the early 1800's.
The work would involve the demolition and reconstruction of a gable wall, one metre in from it's current position, thus reducing the current floor area.
Is planning pemission required to do this?

yes
Speak to a local planner

marie15 · 04-10-2015 9:59pm

Hi All, I'm new to boards.ie & self building!
I have preplanning meeting arranged with County Council end of this month. I'm just wondering if anyone has been granted planning permission in a Special Area of Conservation (SAC) its only site we have on our own land and my budget just wont stretch to building & buying a site. TIA

Angry bird · 05-10-2015 6:35pm

marie15 wrote: »

Hi All, I'm new to boards.ie & self building!
I have preplanning meeting arranged with County Council end of this month. I'm just wondering if anyone has been granted planning permission in a Special Area of Conservation (SAC) its only site we have on our own land and my budget just wont stretch to building & buying a site. TIA

You have your work cut out. First is the principle of building on the plot, you will have to a have a very convincing need to build there, use the pre-planning for that. If and I stress if the principle is ok for the Council, they will they require an ecologist to prepare a report on impacts and mitigation measures to be submitted with a planning application, and they do not come cheap. Look up and research the Council policies for such SAC's under their county development plan online and what their requirements are re what you wish to build.

Keller Bear · 30-10-2015 11:46am

With regard to sharing a common boundary with an operating quarry is there a legal limit that said quarry can not move within the shared boundary?

Is has unfortunately happened that a quarry broke rock up to the shared common boundary of a neighbour's agricultural field, this then caused a nice chunk of land to fall in. (Now the cynic in me thinks these guys can read the rock lines and know how it will fall before even acting so they possibly did it knowingly)

I find it hard to believe that a quarry can operate right up to a shared boundary. Could anyone clarify this for me? Thanks.

Angry bird · 30-10-2015 11:55am

Keller Bear wrote: »

With regard to sharing a common boundary with an operating quarry is there a legal limit that said quarry can not move within the shared boundary?

Is has unfortunately happened that a quarry broke rock up to the shared common boundary of a neighbour's agricultural field, this then caused a nice chunk of land to fall in. (Now the cynic in me thinks these guys can read the rock lines and know how it will fall before even acting so they possibly did it knowingly)

I find it hard to believe that a quarry can operate right up to a shared boundary. Could anyone clarify this for me? Thanks.

Sounds like you may well be right, possible breach of planning conditions and civil matter re interfering with neighbour's property. I would advice to submit a written complaint to the planning enforcement section of the Council outlining the urgency of the situation and include photo's if possible.

mrsWhippy · 02-11-2015 2:54pm

We had an appeal lodged with ABP recently and it was rejected ... so we have to go back to the drawing board. Do you know if it's possible to request to view the appeal submissions by the objectors?

Thanks

sydthebeat · 02-11-2015 3:13pm

mrsWhippy wrote: »

We had an appeal lodged with ABP recently and it was rejected ... so we have to go back to the drawing board. Do you know if it's possible to request to view the appeal submissions by the objectors?

Thanks

so you were you the applicants, and the council refused it, and you appealed, and ABP upheld the refusal

is that correct?

mrsWhippy · 02-11-2015 3:38pm

sydthebeat wrote: »

so you were you the applicants, and the council refused it, and you appealed, and ABP upheld the refusal

is that correct?

Yes, exactly!

Angry bird · 02-11-2015 4:13pm

Should all be online on the Council website under your planning application reference number, or give it a few days if very recent decision.

Jollyman · 05-11-2015 9:58pm

Hello all,

Been a long time since I was on here but looking for some advice, it's 8 years to this month since I issued commencement notice for our new build, it's completed over 7 years.

4 weeks ago for the first time I received correspondence from local COCO SEEKING payment of local authority fees in the region of €3.5k this was completely out of the blue and obviously extremely or nearly impossible to budget for.

Any advice on how to handle this situation?

Jollyman

MidMan25 · 05-11-2015 11:22pm

Preparing a planning application from change of use of a property from commercial (medical) back to residential.

No changes are being made to the house layout (Or have been while it was a commercial property).

Cork County Council states the following must be included with a planning application. Do all of these apply even if it is only a change of use?

6 No. Copies of Application Form:
2 No. Copies Site notice:
2 No. Copies Press Notice:
6 No. Copies 6” O.S. Maps:
6 No. Copies 25” O.S. Maps:
6 No. Copies of 1:500 Scaled Layouts:
6 No. Copies Plans and Drawings:
Correct Application Fee:

BryanF · 05-11-2015 11:42pm

MidMan25 wrote: »

Preparing a planning application from change of use of a property from commercial (medical) back to residential.

No changes are being made to the house layout (Or have been while it was a commercial property).

Cork County Council states the following must be included with a planning application. Do all of these apply even if it is only a change of use?

6 No. Copies of Application Form:
2 No. Copies Site notice:
2 No. Copies Press Notice:
6 No. Copies 6” O.S. Maps:
6 No. Copies 25” O.S. Maps:
6 No. Copies of 1:500 Scaled Layouts:
6 No. Copies Plans and Drawings:
Correct Application Fee:

Yes

Metric Tensor · 06-11-2015 12:41am

Jollyman wrote: »

Hello all,

Been a long time since I was on here but looking for some advice, it's 8 years to this month since I issued commencement notice for our new build, it's completed over 7 years.

4 weeks ago for the first time I received correspondence from local COCO SEEKING payment of local authority fees in the region of €3.5k this was completely out of the blue and obviously extremely or nearly impossible to budget for.

Any advice on how to handle this situation?

Jollyman

Look up the grant of planning permission you got 8 years ago. What amount does it say on it for contributions?

Did you pay it at the time and if so do you have a receipt?

If your grant of PP said what the contribution was and you didn't pay it there isn't really much you can say/do. You could try arranging to meet someone and explaining your current financial situation to ask for a possible reduction or to spread the payment over a number of increments.

Gumbo · 06-11-2015 2:29pm

MidMan25 wrote: »

Preparing a planning application from change of use of a property from commercial (medical) back to residential.

No changes are being made to the house layout (Or have been while it was a commercial property).

Cork County Council states the following must be included with a planning application. Do all of these apply even if it is only a change of use?

6 No. Copies of Application Form:
2 No. Copies Site notice:
2 No. Copies Press Notice:
6 No. Copies 6” O.S. Maps:
6 No. Copies 25” O.S. Maps:
6 No. Copies of 1:500 Scaled Layouts:
6 No. Copies Plans and Drawings:
Correct Application Fee:

Yep, don't forget that you have to buy the OS Maps from Ordnance Survey Ireland and also you will have to take a out a notice in a listed newspaper and put up a site notice on site for 5 weeks.

The full rigours of a Planning Application apply here.

MidMan25 · 06-11-2015 5:11pm

kceire wrote: »

Yep, don't forget that you have to buy the OS Maps from Ordnance Survey Ireland and also you will have to take a out a notice in a listed newspaper and put up a site notice on site for 5 weeks.

The full rigours of a Planning Application apply here.

Ok with all of that

Getting the drawings done looks like a very costly part of the application. What would the typical price be? No changes to be made to the house and it is 900 sq. ft.

Gumbo · 06-11-2015 9:21pm

MidMan25 wrote: »

Ok with all of that

Getting the drawings done looks like a very costly part of the application. What would the typical price be? No changes to be made to the house and it is 900 sq. ft.

It depends site to site, you really need to get 3 quotes and compare. Here in Dublin it could cost 5k and more.

Its basically a completely new fresh application.

MildThing84 · 08-11-2015 9:53pm

Hi all,

Going to apply for retention on my utility room/side passage of my house. I live on a corner site with neighbours to one side and a path, road into a cul de sac on my other side. The side passage adjoins said wall. Basically, was a side passage and roof was stuck on and now acts as home to washing machine etc. It's the length of the house so a decent space and priceless really. Dump everything in there, close the door and forget about it.

Anyway, any body on here with planning knowledge care to comment on whether the co co will see this as an issue or should it be straightforward? It doesn't affect any neighbours and is very discreet. Very quiet, settled neighbourhood and would hate to think there'd be a busy body who'd stick their beek in. But we all know they exist.

Gumbo · 09-11-2015 12:28am

MildThing84 wrote: »

Hi all,

Going to apply for retention on my utility room/side passage of my house. I live on a corner site with neighbours to one side and a path, road into a cul de sac on my other side. The side passage adjoins said wall. Basically, was a side passage and roof was stuck on and now acts as home to washing machine etc. It's the length of the house so a decent space and priceless really. Dump everything in there, close the door and forget about it.

Anyway, any body on here with planning knowledge care to comment on whether the co co will see this as an issue or should it be straightforward? It doesn't affect any neighbours and is very discreet. Very quiet, settled neighbourhood and would hate to think there'd be a busy body who'd stick their beek in. But we all know they exist.

Answered in your other post in the main forum.

The_Bullman · 22-12-2015 12:11am

A friend has a planning issue.

He got an AT to submit a planning application for an extension which was successful. From that he created working drawings and the building was built.

However... A condition of the planning was that a new drawing of the extension roof was to be submitted before construction began. This was not done.

What are the options? Retention is being talked about but he/I don't know anything about it.

BryanF · 22-12-2015 9:22am

The_Bullman wrote: »

A friend has a planning issue.

He got an AT to submit a planning application for an extension which was successful. From that he created working drawings and the building was built.

However... A condition of the planning was that a new drawing of the extension roof was to be submitted before construction began. This was not done.

What are the options? Retention is being talked about but he/I don't know anything about it.

Speak to your local planner

coco0981 · 10-02-2016 11:31am

Hi

I am hoping to build a side extension on my end terrace house. Was in contact with planning office about a Pre planning meeting but they said just submit the application as their only concern would be that we were within our boundary in the estate. So I checked the land registry map and only a couple houses in the estate have the red outline done, ours doesn't. We bought in 07. Can anyone tell me what it will cost to get our site registered. Are you talking a couple hundred to a technician or do solicitors need to be involved as well? Totally clueless and just want to be aware of all potential costs involved

coco0981 · 10-02-2016 11:31am

Double post

MidMan25 · 11-02-2016 2:44pm

Hello

I am waiting on a decision from Cork County Council on change of use of a property from commercial use to residential use.

Once this is granted (Appears there won't by any issue as its a house and in an area zoned residential), does the property automatically change over to residential use or are there other formalities that need to be completed?

MidMan25 · 11-02-2016 2:44pm

Hello

I am waiting on a decision from Cork County Council on change of use of a property from commercial use to residential use.

Once this is granted (Appears there won't by any issue as its a house and in an area zoned residential), does the property automatically change over to residential use or are there other formalities that need to be completed?

Gumbo · 11-02-2016 6:16pm

coco1981 wrote: »

Hi

I am hoping to build a side extension on my end terrace house. Was in contact with planning office about a Pre planning meeting but they said just submit the application as their only concern would be that we were within our boundary in the estate. So I checked the land registry map and only a couple houses in the estate have the red outline done, ours doesn't. We bought in 07. Can anyone tell me what it will cost to get our site registered. Are you talking a couple hundred to a technician or do solicitors need to be involved as well? Totally clueless and just want to be aware of all potential costs involved

A Planning Application has got nothing to do with Land Registry etc
They want to see your site outlined and the guy preparing your planning application will do that.

Where are you based?
If in Dublin, in an Urban setting, most boundaries are pretty obvious.

MidMan25 wrote: »

Hello

I am waiting on a decision from Cork County Council on change of use of a property from commercial use to residential use.

Once this is granted (Appears there won't by any issue as its a house and in an area zoned residential), does the property automatically change over to residential use or are there other formalities that need to be completed?

Process will be something like this :

Notification of Decision to Grant.
Final Grant of Planning Permission (4 weeks after the Notification).
You may have to lodge a Commencement Notice and bring the house up to current standards with regards to BER, insulation and renewables. Dealt with one recently here in Dublin that had to follow that process.

mrsWhippy · 18-02-2016 9:47am

Hi,
Can anyone tell me how long it normally takes to get a decision after a 'request more information' comes back from planning? Are we generally looking at a weeks or months of a delay? (assuming we provide the information immediately)

Also, with regard to boundaries, the (very old, fuzzy) boundary indicated by the OS Map & Land Registry is different to what is actually on the ground. We've had a topographical survey done and have submitted the plans based on these dimensions (though the property still fits comfortably no matter what boundary we used) - what sort of issues might this cause? There is only council land around the boundary, no neighbours to contend with.

Thanks

Angry bird · 18-02-2016 11:18am

4 weeks.

BryanF · 18-02-2016 8:35pm

Your architect will propose a solution to reconciling the actual and notional submitted boundary. What sort of distances are we talking about? Was a survey recommended prior to planning submission?

mrsWhippy · 22-02-2016 9:14am

BryanF wrote: »

Your architect will propose a solution to reconciling the actual and notional submitted boundary. What sort of distances are we talking about? Was a survey recommended prior to planning submission?

Yeah - we had a digital survey done. The difference between the original OS maps and the actual boundaries are a couple of meters here and there along a large hedge, but total about a 20% increase in area in the actual site as it stands. Thankfully the plans still fit no matter what boundary is used, but I'm wondering what legal implications this might have? The site hasn't been registered with Land Registry.

mrsWhippy · 14-04-2016 8:11am

Hi
Just have a question about planning permission that has just been granted.

We submitted one application for dual works - extension to an existing house and a new build. We submitted both together as they are co-dependent.

The extension is about 24 sq.m so is technically under the limit for requiring permission in it's own right. My question is would it be possible to increase the size this extension a tiny bit (just to add an extra kitchen unit to the length, 60cm -might end up being a total of 3 or 4 sq.m) or do we need to build exactly to the plans? Can we apply for retention for something like this afterwards? What could we do that wouldn't affect the validity of the permission in it's entirety, or delay the project?

Thanks

DOCARCH · 14-04-2016 9:10am

mrsWhippy wrote: »

Hi
Just have a question about planning permission that has just been granted.

We submitted one application for dual works - extension to an existing house and a new build. We submitted both together as they are co-dependent.

The extension is about 24 sq.m so is technically under the limit for requiring permission in it's own right. My question is would it be possible to increase the size this extension a tiny bit (just to add an extra kitchen unit to the length, 60cm -might end up being a total of 3 or 4 sq.m) or do we need to build exactly to the plans? Can we apply for retention for something like this afterwards? What could we do that wouldn't affect the validity of the permission in it's entirety, or delay the project?

Thanks

Difficult question to answer! The proper answer is...

You must build in accordance with the planning permission as granted, and, complete that build. This is probably one of the first planning conditions.

Once what you have been granted planning permission for is built/complete, then, you could extend the existing house a further 12 m.sq., as long as all requirements for exempt development are met, and, as long as there is no condition in your planning permission limiting further extensions (even exempt development) to the existing house.

mrsWhippy · 14-04-2016 9:19am

Thanks Docarch.

What is the retention feature for then, might that apply in our case?

It wouldn't be feasible to build the extension, then knock the wall and build again so that idea is really out, for the sake of an extra kitchen unit (though that will give us a lot more flexibility in the kitchen layout)

Metric Tensor · 14-04-2016 12:05pm

Retention is a means by which people who have built something without planning permission or have built something that doesn't comply with the planning permission that they have in place can regularise their situation.

So ........ in order to apply for retention you must have broken the law in the first place ...... and we (correctly) cannot discuss breaking the law on this forum.

Have you asked your professional (i.e. the person supervising the works)?

mrsWhippy · 14-04-2016 12:06pm

Not yet, but we will be discussing it shortly. Just wanted to know what our options were! Thanks

DOCARCH · 14-04-2016 3:00pm

Metric Tensor wrote: »

So ........ in order to apply for retention you must have broken the law in the first place ...... and we (correctly) cannot discuss breaking the law on this forum.

Exactly! Retention is/was intended as a mechanism to regularise genuine mistakes!

You would be far better going for an amendment planning application for what you have planning for...it will cost you less than a retention application...and you can carry on with the rest of the build while the amendment application is being decided on.

mrsWhippy · 14-04-2016 3:04pm

Thanks!

For an amendment planning application, is this open to observation and appeals as would be the process for a new planning application? We just got this by the skin of our teeth, so am wary to open this up again at the risk of appeal!

Planning issues - post them here MOD WARNING post #1

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