Planning issues - post them here MOD WARNING post #1

mrsWhippy · 26-05-2015 10:16pm

DOCARCH wrote: »

+1 to this.

I have seen applications being refused on the basis of 1 good 'observation' with other applications sail through with 20 (or more) poor 'observations'.

@ mrsWhippy. You or your architect will be informed of the decision...depending on which box was ticked on the application form as who is to be informed!

With DLRCC, the decision goes up online the same time as they post it out, so you are likely to see the decision before anybody is informed (by post).

Thanks a million both.

So would a good observation be pointing out a technical oversight by the architect for example?

Aard · 27-05-2015 1:50am

Essentially yes. Arguments like devaluation are just annoying fluff for the planner at the end of the day!

miseannmarie · 30-05-2015 10:27am

When submitting planning permission for a new build, must the newspaper notice be submitted with application or can it be forwarded at a later date?

Poor Uncle Tom · 30-05-2015 10:49am

With the application, it can be invalidated otherwise.

miseannmarie · 30-05-2015 10:56am

Would it be very difficult to change the windows on new build if the application has already been submitted but only 3 days ago?!

Poor Uncle Tom · 30-05-2015 11:13am

It really depends on whether the application has been validated yet. It not your agent may be able to substitute one set of drawings for another. But I must stress that this could only be done BEFORE the application is validated. The public will not be able to inspect the file until it is validated. Any changes after validation is seen as unsolicited additional information and may need to be readvertised as such, that is a call for the validation officer.

miseannmarie · 30-05-2015 11:21am

Thank you so much Uncle Tom.
Say if my application was posted Tuesday arrived Wednesday would it be looked at and validated yet?
Just on a guess I'm totally new so looking for any guidance

Poor Uncle Tom · 30-05-2015 11:26am

miseannmarie wrote: »

Thank you so much Uncle Tom.
Say if my application was posted Tuesday arrived Wednesday would it be looked at and validated yet?
Just on a guess I'm totally new so looking for any guidance

It's likely to be pre-validation, but that very much depends on how conscientious the validation officer is, and the same very much applies to whether they would allow any changes to what has been submitted.

lovehathi · 30-05-2015 11:31am

mrsWhippy wrote: »

Hi again,

Edit: Who is usually informed of the final decision? Is it us, or the architect who submitted the application? Or does the decision just go up online?

Much appreciated
Thanks

Architect who applied if he used his address it will be sent to him, and also online decision will show up if they made decision.

mrsWhippy · 08-06-2015 12:53pm

lovehathi wrote: »

Architect who applied if he used his address it will be sent to him, and also online decision will show up if they made decision.

Argh. Tomorrow is the end of the 3 week wait and we've heard nothing yet. I've zero patience and am trying to restrain myself from phoning the department - I guess that won't get me anywhere?

hexosan · 08-06-2015 2:32pm

mrsWhippy wrote: »

Argh. Tomorrow is the end of the 3 week wait and we've heard nothing yet. I've zero patience and am trying to restrain myself from phoning the department - I guess that won't get me anywhere?

You can phone and they some times just the decision over the phone if it's been granted.

touchdown77 · 18-06-2015 12:05pm

A large residential house on a large site (urban area) has an extension built to in about 15 years ago.

In the last year, the land registry website shows that what was 1 site has now been divided into 2, i.e. main house and extension are separate folios. They both share one driveway.
The house and extension are still physically connected and there has been no planning application submitted since the extension.

So basically where there was one site and one dwelling house, now there are 2 sites and 2 dwelling houses.

Is this allowed?

sydthebeat · 18-06-2015 3:54pm

touchdown77 wrote: »

A large residential house on a large site (urban area) has an extension built to in about 15 years ago.

In the last year, the land registry website shows that what was 1 site has now been divided into 2, i.e. main house and extension are separate folios. They both share one driveway.
The house and extension are still physically connected and there has been no planning application submitted since the extension.

So basically where there was one site and one dwelling house, now there are 2 sites and 2 dwelling houses.

Is this allowed?

While what you say is probable, thats doesn't mean that other scenarios exist.

1. the property may have been split for tax purposes (inheritance etc)
2. there may be 2 folios but one owner
3. the folio may always have been split over the property and the original house owner purchased both pieces of land to build the house.

without seeing whos named on the folios, you dont know is any of the above is the true situation.

Triona00 · 07-07-2015 9:18pm

Hi,

Just wondering if anyone could help, trying to sell a house and have discovered from the engineer report, that the entrance to the house is not suppose to be where it currently is. Will this cause problems when selling?
Can I go to the county council and get planning permission? If so, will it automatically go through?

Any help would be appreciated, thanks,
Triona.

mickdw · 07-07-2015 9:35pm

Triona00 wrote: »

Hi,

Just wondering if anyone could help, trying to sell a house and have discovered from the engineer report, that the entrance to the house is not suppose to be where it currently is. Will this cause problems when selling?
Can I go to the county council and get planning permission? If so, will it automatically go through?

Any help would be appreciated, thanks,
Triona.

It will most likely cause a problem with the sale but that depends on the attitude of the buyer and also whether they are actually borrowing for the purchase.
You can apply for retention permission for the entrance. If the entrance as constructed is considered safe etc and doesn't specifically go against a condition of the original permission , they may well grant permission but it is far from a sure thing. If it was a design feature on the house that was wrong , I would have said it would be nearly guaranteed to be granted however entrances can be serious in terms of road safety and as such imo they will only grant retention where the required sight distances etc are satisfied

Triona00 · 07-07-2015 9:43pm

mickdw wrote: »

It will most likely cause a problem with the sale but that depends on the attitude of the buyer and also whether they are actually borrowing for the purchase.
You can apply for retention permission for the entrance. If the entrance as constructed is considered safe etc and doesn't specifically go against a condition of the original permission , they may well grant permission but it is far from a sure thing. If it was a design feature on the house that was wrong , I would have said it would be nearly guaranteed to be granted however entrances can be serious in terms of road safety and as such imo they will only grant retention where the required sight distances etc are satisfied

Have you any idea how much of a cost the purchaser can reduce the selling price by? Any rough idea would be a good help.

Gumbo · 07-07-2015 10:00pm

Triona00 wrote: »

Have you any idea how much of a cost the purchaser can reduce the selling price by? Any rough idea would be a good help.

It depends. It doesn't matter how much is deducted if the buyer cannot get retention, and then a planning enforcement can of worms may be opened and the new buyer may be forced to comply with the original planning application and have to move the gates and associated works to comply.

Why doesn't the seller apply for retention, Max cost should be €1k-€1.5k depending if a full survey of sight lines and traffic survey has to be done.

Could be a lot less if it's a straight forward retention only application.

Triona00 · 07-07-2015 10:12pm

kceire wrote: »

It depends. It doesn't matter how much is deducted if the buyer cannot get retention, and then a planning enforcement can of worms may be opened and the new buyer may be forced to comply with the original planning application and have to move the gates and associated works to comply.

Why doesn't the seller apply for retention, Max cost should be €1k-€1.5k depending if a full survey of sight lines and traffic survey has to be done.

Could be a lot less if it's a straight forward retention only application.

Have you any idea how long it takes for a retention planning permission to go through?
So to clarify, would it be easier for the seller to apply for retention then the buyer?

BryanF · 07-07-2015 10:17pm

Triona00 wrote: »

Have you any idea how long it takes for a retention planning permission to go through?
So to clarify, would it be easier for the seller to apply for retention then the buyer?

3 months
Seller

Triona00 · 07-07-2015 10:25pm

What is the procedure for a retention? Do the county council have to come out to the house and inspect the entrance? The entrance has being there for a lot longer then 7 yrs. Will this strengthen the application?
When we exit our house, we are on a main road with a continuous white line where cars should not overtake. Sorry I don't know if this is unnecessary information or not to give.

Triona00 · 07-07-2015 10:40pm

BryanF wrote: »

3 months
Seller

What is the procedure for a retention? Do the county council have to come out to the house and inspect the entrance? The entrance has being there for a lot longer then 7 yrs. Will this strengthen the application?
When we exit our house, we are on a main road with a continuous white line where cars should not overtake. Sorry I don't know if this is unnecessary information or not to give.

Gumbo · 07-07-2015 11:31pm

Triona00 wrote: »

What is the procedure for a retention? Do the county council have to come out to the house and inspect the entrance? The entrance has being there for a lot longer then 7 yrs. Will this strengthen the application?
When we exit our house, we are on a main road with a continuous white line where cars should not overtake. Sorry I don't know if this is unnecessary information or not to give.

You need to engage a local architect/engineer/technician that's capable of preparing an application.

Where are you based and what LA are you in?

Triona00 · 07-07-2015 11:37pm

kceire wrote: »

You need to engage a local architect/engineer/technician that's capable of preparing an application.

Where are you based and what LA are you in?

In the Clare area. Would there be a lot of work to prepare a retention? I would probably use the same engineer that done the previous reports.

Gumbo · 07-07-2015 11:47pm

Triona00 wrote: »

In the Clare area. Would there be a lot of work to prepare a retention? I would probably use the same engineer that done the previous reports.

Theres a bit of work yeah, not everyone can do them but your engineer should have a good idea. It's like everything else, I call,them as easy but an electrician might class them as quantum mechanics

, and on the opposite spectrum, I can barely wire a plug socket!

Triona00 · 07-07-2015 11:49pm

kceire wrote: »

Theres a bit of work yeah, not everyone can do them but your engineer should have a good idea. It's like everything else, I call,them as easy but an electrician might class them as quantum mechanics , and on the opposite spectrum, I can barely wire a plug socket!

The engineer did say that the original plans for the entrance would be the better option then the existing entrance.
Have I got problems straight away with this?

BryanF · 08-07-2015 7:50am

Triona00 wrote: »

The engineer did say that the original plans for the entrance would be the better option then the existing entrance.
Have I got problems straight away with this?

What is the speed limit on he road?Is the road flat? Can you see 90/120m in eac direction up the road, at 1m in height, 2.4m's back from the edge of the road?

Btw its 7 years from when your planning permission duration lapsed

Triona00 · 08-07-2015 9:44am

BryanF wrote: »

What is the speed limit on he road?Is the road flat? Can you see 90/120m in eac direction up the road, at 1m in height, 2.4m's back from the edge of the road?

Btw its 7 years from when your planning permission duration lapsed

I would have to get someone to check all the measurements out for me.
Just say for example the engineer does the retention report and it gets denied by the county council, would the county council then issue an enforcement where to have to go back to the original plan?

Triona00 · 08-07-2015 11:36am

-

BryanF wrote: »

What is the speed limit on he road?Is the road flat? Can you see 90/120m in eac direction up the road, at 1m in height, 2.4m's backm from the edge of the road?

Btw its 7 years from when your planning permission duration lapsed

The road is flat. On one side near the entrance you can't see 90-120m up the road. The other side is fine.
Sorry for the constant questions it's just I need some clarity.
So as the entrance has been there for longer then 7 yrs - is it true that no enforcement will be issued by the county council?
If the retention is refused can you sell a house with a building that has no planning permission?

BryanF · 08-07-2015 12:15pm

Triona00 wrote: »

-

1. The road is flat. On one side near the entrance you can't see 90-120m up the road. The other side is fine.
Sorry for the constant questions it's just I need some clarity.
2. So as the entrance has been there for longer then 7 yrs - is it true that no enforcement will be issued by the county council?
3. If the retention is refused can you sell a house with a building that has no planning permission?

1. You need an onsite opinion. Is this distance /situation improved if the entrance is as per the original application.
2. Assume 12 years from granted permission, after which coco can't issue enforcement proceedings . But this is not your issue - it is currently noncompliant and remains so, whether the coco can enforce or not
3. That's up to the buyer,or the bank

Triona00 · 08-07-2015 12:18pm

BryanF wrote: »

1. You need an onsite opinion. Is this distance /situation improved if the entrance is as per the original application.
2. Assume 12 years from granted permission, after which coco can't issue enforcement proceedings . But this is not your issue - it is currently noncompliant and remains so, whether the coco can enforce or not
3. That's up to the buyer,or the bank

OK thanks for all your help.

RobAMerc · 12-07-2015 8:28pm

folks,

Would you need planning permission for a GRP canopy to the front of the house, thinking something similar to the one seen on the right here.

grp canopy
Thanks
Rob

Triona00 · 12-07-2015 11:12pm

RobAMerc wrote: »

folks,

Would you need planning permission for a GRP canopy to the front of the house, thinking something similar to the one seen on the right here.

grp canopy
Thanks
Rob

To avoid any complications down the line - ask the county council.

Gumbo · 13-07-2015 6:34pm

RobAMerc wrote: »

folks,

Would you need planning permission for a GRP canopy to the front of the house, thinking something similar to the one seen on the right here.

grp canopy
Thanks
Rob

My gut feeling is yes you would need planning.

slimjimmc · 13-07-2015 7:26pm

From what I've read anything to the front of the building except small porches (Class 7) require planning permission. Class 3 structures such as shades, awnings etc are only exempt if they are not at the front wall of the building

DOCARCH · 13-07-2015 8:07pm

RobAMerc wrote: »

Would you need planning permission for a GRP canopy to the front of the house, thinking something similar to the one seen on the right here.

What you have shown in that link would require planning permission (as it involves a sizable porch extension).

Maybe google again and clarify what you are looking for in terms of a canopy?

RobAMerc · 14-07-2015 2:14pm

thanks lads.
My gut tells me yes too. I've too much other stuff going on at the moment to be bothered with planning we I'll give it a miss for now.

cheers

Gumbo · 15-07-2015 9:28am

RobAMerc wrote: »

thanks lads.
My gut tells me yes too. I've too much other stuff going on at the moment to be bothered with planning we I'll give it a miss for now.

cheers

Relatively cheap and simple process to get it approved tbh depending on where you are based.

RobAMerc · 15-07-2015 10:52am

kceire wrote: »

Relatively cheap and simple process to get it approved tbh depending on where you are based.

really ? relative to what ?

We are in Dun Laoighre Rathdown. - its something we very much would like to get done but I presumed planning is a pain full stop.

vwt · 19-08-2015 10:14pm

Hi guys,
I'm just curious of opinions from people on here.We recently built an extension to the front of our house.We paid an architect to design the extension which we were very happy with and our planning application was successfull.Within two weeks of completion a neighbour has submitted an exact copy of our design via a different architect.The application also includes a photo of our house.Needless to say we were a bit peeved off with this as the neighbour in question didnt even ask could they use photos of our house etc.Where do we stand?,is this even allowed if it's a private property.
Appreciate any feedback/opinions

overshoot · 20-08-2015 3:04am

I dont think there is much you can personally do as regards same design. You dont own it, you had a licence to use someone else's design. However your architect could have a copyright case if its a clear copy and paste, if you want to point it out to them.

sydthebeat · 20-08-2015 7:33am

overshoot wrote: »

I dont think there is much you can personally do as regards same design. You dont own it, you had a licence to use someone else's design. However your architect could have a copyright case if its a clear copy and paste, if you want to point it out to them.

Agreed, if its a carbon copy of the design or something very similar, there may be copy right infringement. However, you'd want to find out if your architect gave permission in the first instance.

Regarding the photo of your house, this is a non issue as its viewable from a public road so a photo of that view is perfectly acceptable.

vwt · 20-08-2015 8:57pm

Thanks for the replies.Yeh we kinda has the feeling there wasn't a lot we can do.It is a carbon copy of the design and I did inform the architect.He basically said that copyright infringement relating to architects designs would be very hard to prove and not worth the effort.I just wanted people's personal opinions on what they would do.Its just annoying especially when the person in question is not even resident in the house and is just doing it for financial gain.

BryanF · 20-08-2015 9:04pm

vwt wrote: »

.I just wanted people's personal opinions on what they would do.

Why not post a picture here, so we can form a personal opinion on what we would do.

vwt · 20-08-2015 9:36pm

BryanF wrote: »

Why not post a picture here, so we can form a personal opinion on what we would do.

We wanted to stay anonymous in case our neighbours or there architects frequent the boards.The design and the style of house is quite unique and would be easily identified.The last thing we wanted was to cause a rift or come across as difficult-this is why I was asking other people how they would feel/react

Charlie Charolais · 27-08-2015 10:49am

Hi all,

We have full PP for a 35 x 80 site on our home farm, (so land availability is not an issue)
after setting out the house, 35 looks narrow
Is there any way we can increase the width to 40?
can we temporarily fence the site at 35 x 80, and when house is finished/mortgage drawn/paperwork finished, can we push out the boundary from 35 to 40?

DOCARCH · 27-08-2015 11:00am

I'd be pretty sure that there should be no issue, from a PP point of view, increasing the site size (different matter reducing it).

For planning 'sign off' it may be better to build house on site as per the planning docs and then extend site after, as you suggest.

Angry bird · 27-08-2015 5:04pm

Either apply to increase the site boundaries now, can continue to build the house etc. as the increase in site size has no impact on this or apply for retention when the site is in place. Shouldn't be a problem either way.

hexosan · 28-08-2015 6:34am

I stand to be corrected here but you don't need retention to increase the site size.

Effects · 30-08-2015 11:05pm

Just looking for a quick answer to a question. If I have been granted permission but with conditions, can I apply for permission again with an amended plan to try and avoid having to apply the conditions?

DOCARCH · 31-08-2015 6:21am

Effects wrote: »

Just looking for a quick answer to a question. If I have been granted permission but with conditions, can I apply for permission again with an amended plan to try and avoid having to apply the conditions?

Quick answer...yes.

Planning issues - post them here MOD WARNING post #1

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