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Planning issues - post them here MOD WARNING post #1

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    #2702
    mrsWhippy
    Registered Users Posts: 673 ✭✭✭mrsWhippy


    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?


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    #2703
    Aard
    Registered Users Posts: 4,905 ✭✭✭Aard


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


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    #2704
    miseannmarie
    Registered Users Posts: 25 ✭miseannmarie


    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?


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    #2705
    Poor Uncle Tom
    Registered Users Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    With the application, it can be invalidated otherwise.


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    #2706
    miseannmarie
    Registered Users Posts: 25 ✭miseannmarie


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


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    #2707
    Poor Uncle Tom
    Registered Users Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    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.


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    #2708
    miseannmarie
    Registered Users Posts: 25 ✭miseannmarie


    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


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    #2709
    Poor Uncle Tom
    Registered Users Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    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.


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    #2710
    lovehathi
    Registered Users Posts: 229 ✭✭lovehathi


    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.


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    #2711
    mrsWhippy
    Registered Users Posts: 673 ✭✭✭mrsWhippy


    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? :o


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    #2712
    hexosan
    Registered Users Posts: 1,735 ✭✭✭hexosan


    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? :o


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


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    #2713
    touchdown77
    Registered Users Posts: 208 ✭✭touchdown77


    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?


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    #2714
    sydthebeat
    Subscribers Posts: 41,095 ✭✭✭✭sydthebeat


    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.


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    #2715
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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.


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    #2716
    mickdw
    Registered Users Posts: 23,284 ✭✭✭✭mickdw


    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


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    #2717
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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.


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    #2718
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,546 Mod ✭✭✭✭Gumbo


    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.


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    #2719
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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?


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    #2720
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    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


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    #2721
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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.


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    #2722
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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.


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    #2723
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,546 Mod ✭✭✭✭Gumbo


    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?


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    #2724
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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.


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    #2725
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,546 Mod ✭✭✭✭Gumbo


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


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    #2726
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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 :D, 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?


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    #2727
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    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


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    #2728
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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?


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    #2729
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    -
    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?


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    #2730
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    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


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    #2731
    Triona00
    Registered Users Posts: 77 ✭✭Triona00


    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.


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