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Swords - Take your Dish down - now!

  • 24-10-2003 08:14AM
    #1
    Closed Accounts Posts: 22


    I received a registered letter today telling me to remove my sat dish on receipt of the letter or to face fines including imprisonment if I don't do so. Fun is that the fines are all in Irish Pounds and not in Euro!

    Now this surley is against my right for a sat dish under EU law and against the fact that they are actualy not allowed to do any Administrative obstacles if I take any possible action to avoid any visual and aesthetic impact of satellite dishes while still getting a good quality of reception.

    I can not mount the dish on the left side of the house (the pathway is not wide enough) and I have no right side at the house so that is impossible too.

    It was mounted by the installer in hight of the 1st floor to the left of an outgoing window extension so it is strictly not even on the most front part of the house.

    Now call me crazy but I am not simply accepting the "take it down" approach they give me but my knowledge of local law is way below 0 so anybody here that could share his experience in this matter or that can recommand a lawyer that can deal with stuff like this.

    Or does anyone know that if I call Sky and tell them that they will come and remount that dish somewhere else (like on the roof). I paid the full 75 Euro Installation, so maybe I don't have to pay the full price again.

    Any input is greatly appreciated.

    /Sven


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Comments

  • Registered Users, Registered Users 2 Posts: 481 ✭✭Couch Potato


    Who sent the letter - county council, corporation ???


  • Closed Accounts Posts: 22 Sven


    Fingal County Council.

    I live in Swords right outside the "real town" of Swords.


  • Registered Users, Registered Users 2 Posts: 32,455 ✭✭✭✭watty


    MMDS dishes can be just as big and on big poles more ugly.

    The roof is a silly place.

    What size of dish?

    How high off ground and far away from public pedestrian traffic?

    Surely this is not the first correspondance on the matter?


    Do you have a front or rear garden?


    How far does dish stick past the nearby window extension?


    On the face of it the letter seems unreasonable, but we don't have any background.


    How many people in Swords/Finglas with
    A) MMDS dish
    B) Giant BBC aerial on short pole
    c) Giant BBC aerial on massive mast / guyed pole

    have been asked to take them down?


    Does your wall ajoin directly a public way?


  • Closed Accounts Posts: 132 ✭✭ciderandhavoc


    If you read the smallprint of the Sky contract, you'll see that they explicitly specify that they are not responsible for any planning issues with regard to the dish.

    Technically you do need Planning Permission. I have of some cases that house sales have been blocked because of the dishes for planning violations.


  • Closed Accounts Posts: 22 Sven


    This is the 1st correspondence in this matter! That is what I find funny.

    It's a normal minidish from SKY.

    My house is one of the last in a row in the estate, opposite the front of my house is a field, no houses or anything else. And the field is fenced and Trees seperate us too.

    The house is a good way away from the street as we have a front garden, we also have a back garden.

    There is not through traffic on the road in front as the street ends where the estate ends (about 4 houses to the left if you stand in front of the house) and only people who live in the street are usualy accessing it.

    The next public traffic is a good mile away outside the estate.

    The only way you can actualy see that there is a dish is when you are in the esate standing in front of the house or passing it, you can't even see it if you stand on the field due to the trees.

    If you look from the front the dish is actualy on the right of the window extension that is going from ground to 1st floor and it is not sticking out. It one draws a line from the window extentions to the dish the dish is not sticking out, the window extension is.

    The dish is mounted near to the top of the building next to the top of the window on the 1st floor.

    There is on other dish in the same row of houses but that house can clearly be seen from the main road and the opposite building (they do have some sort of GAA club opposite them) and they have also been asked to take it down.

    There are dishes all over our estate otherwise and they are mostly mounted on the back of their building but clearly visible as their back is viewable from the walk ways in the estate. Some other people have the dish in front but I had not opportunity to ask them if they received letters too.


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  • Closed Accounts Posts: 3,418 ✭✭✭Jip


    My understanding is that you only need planning permission to put the dish on the front of the house, if it's on the side or back it's ok (I hope!). I don't know what the story is with chimneys though.


  • Posts: 0 [Deleted User]


    Contact the individual who sent the letter and ask to view his/her home to see what planning infractions you might see there ;)

    Also contact one of your local councillors, there is an election next year.

    When I read this, I said for flips sake, it would be more in their line of duty to give out aboutsomething other than a tiny minidish!

    It may also be in breach of your constitutional rights as how can something like this be imposed on you when it's not being equally applied in every other council area.
    I know some of my local councillors like their Sky sports too much to have any time for silly little rule enforcements like this.

    mm


  • Registered Users, Registered Users 2 Posts: 1,011 ✭✭✭carrolls


    problem solved Sven.;)
    http://europa.eu.int/comm/internal_market/en/services/services/antenna.htm

    I'm not sure if its law yet, but your rights are probably being infringed.


  • Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 94,516 Mod ✭✭✭✭Capt'n Midnight


    My understanding on this
    They can have local ByLaws for this sort of stuff.. - maybe contact the residents association ?

    If any part of the Dish projects past the front of the house (not window bays) then you need PP.
    You can mount it on a chimney behind the ridge line ( bolting dishes to chimneys is something I would not recomend )

    If it is on the side or the back or in the back garden then you do not need PP unless the dish is bigger than a certain size (2m ?)


  • Registered Users, Registered Users 2 Posts: 481 ✭✭Couch Potato


    Somebody - a neighbour etc. may have complained to the council about this .... I would ask politely next door ?

    From reading other threads in the past I think that you only need planning permission if the dish is not on 'gable' end of the house.

    What is the exact definition of 'gable' I am not sure.


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  • Closed Accounts Posts: 22 Sven


    It's not the person next dort that complained, I talked to him because he wants a dish too. And the person on the right did not complain either, so it something sinister going on.

    Doesn't the Freedom of Information act allow me to get hold of the files and see who complained if someone complained?

    I think I am going to the citizen information buerau next week and see what they say.

    I want my foreign TV, does Fox news count as foreign enough?

    Thanks for all your feedback, I am going to investigate this further and certainly put an update here.


  • Registered Users, Registered Users 2 Posts: 481 ✭✭Couch Potato


    Sven let us know ...

    I wonder if this is just the start of it ?????????


  • Registered Users, Registered Users 2 Posts: 1,772 ✭✭✭Lennoxschips


    Mount one of those plastic GUINNESS signs on both sides of the dish, and then put another one in front of the dish, hooked on to the two other ones. It seems they are allowed (look at any Irish high street) and it will cover the dish grand while the plastic allows the signal through.

    Or put a plastic box around your dish that says CHUBBS.


  • Closed Accounts Posts: 28,128 ✭✭✭✭Mossy Monk


    Originally posted by Lennoxschips
    Or put a plastic box around your dish that says CHUBBS.

    ROFL :D:D


  • Registered Users, Registered Users 2 Posts: 11,349 ✭✭✭✭Tony


    Originally posted by Lennoxschips
    Mount one of those plastic GUINNESS signs on both sides of the dish, and then put another one in front of the dish, hooked on to the two other ones. It seems they are allowed (look at any Irish high street) and it will cover the dish grand while the plastic allows the signal through.

    Or put a plastic box around your dish that says CHUBBS.

    Carlsberg dont do local planning officials:)

    https://satellite.ie/



  • Moderators, Regional North West Moderators Posts: 19,177 Mod ✭✭✭✭byte
    byte


    Originally posted by Tony
    Carlsberg dont do local planning officials:)

    ROFL :D:D

    My dish (one of them anyway) is on the front of my house! I sure as hell hope the Donegal CoCo don't tell me to take it down! I'll tell them to F off and spend their time fixing the crappy roads :ninja:


  • Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭eth0_


    Originally posted by carrolls
    problem solved Sven.;)
    http://europa.eu.int/comm/internal_market/en/services/services/antenna.htm

    I'm not sure if its law yet, but your rights are probably being infringed.

    What, so the EU can overrule Irish planning laws? I don't think so. Face it, a satellite dish on the front of a house looks horrible, and in most cases you can still get good reception by mounting the dish on the side or back of the house, or even in the back garden mounted on a fairly small pole!

    Blocks of flats are even worse, a tower block with 50 dishes dotted all over it, talk about skanky.

    The link you posted mentions "Concerns of an architectural and town-planning nature"...I don't see where it mentions that you have the legal right to put the dish wherever you want, more that everyone should be allowed a dish but without it looking ugly or contravening local planning laws.


  • Closed Accounts Posts: 28,128 ✭✭✭✭Mossy Monk


    Originally posted by eth0_
    Face it, a satellite dish on the front of a house looks horrible, and in most cases you can still get good reception by mounting the dish on the side or back of the house

    it looks a damn sight better than a big MMDS aerial on a huge pole in all fairness. if the person owns the property, these councils should have no right when it comes to something like a satellite dish that has been installed properly. didnt they try this in Dundalk as well. how did that go on?


  • Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    eth0_,
    Face it, a satellite dish on the front of a house looks horrible.
    !.

    Not half as horrible as some of the disgusting "Tattoos & Piercings" that should be of more concern to you as Moderator of the said forum!.

    P.:ninja: ;)


  • Closed Accounts Posts: 3 radxxx


    What, so the EU can overrule Irish planning laws?

    Ehm, i think they can. Unless you signed a contract where it says `You cant have a dish`

    Ron


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  • Closed Accounts Posts: 46 brucealmighty


    Sven I live in Swords too and a couple of years a ago 4 my neighbors whos; houses face my house had the same problem as you. In the end they all moved their dishes and the while I never asked what made them comply with this letter they would not have done so lightly. It does not need someone to complain for fingal co council to send the letter, you would expect they could find something more constructive to do with their resources. Best of luck in your fight but I think you are on to a loser.


  • Registered Users, Registered Users 2 Posts: 32,455 ✭✭✭✭watty


    This is discrimation.

    A sky minidish is not big.

    The Only places on my house that will work are on front or front / side of Chimney above roof ridge.

    The north half of a west facing house.


    One peson does have a dish on a pole on rear wall about 4Ft about gutter. Since the angle is about 24degrees of beam, this can "see" past the ridge of the roof.

    Local Planning is I think being applied in a way that favours MMDS dishs on Chimney poles.

    I'd argue this is a bit mean.

    Respray the dish with car paint the same shade as the house wall (does it no harm). Ask council then to view.

    Take photos of it and unsightly MMDS and BBC or RTE aerials in the area.

    A pole at back wall of house is preferable to the Chimney, as final resort of moving (or bottom of garden).

    My 3 dishes are not visible from the street.

    My 7ft long 10 element Amatuer radio yagi aerial (motorised rotator), 10ft amatuer radio colinear, two MMDS dishes, and two TV aerials on chimney are a lot more ugly than a minidish, yet do not contravene any planning law...


  • Registered Users, Registered Users 2 Posts: 1,660 ✭✭✭crawler


    I saw a dish recently that had been painted with a "red brick" marking and mounted on a chimney - it was actually very well done & I was going to take a picture of it....

    It's out newgrange direction off the Slane Road if anyone lives out that direction??


  • Closed Accounts Posts: 22 Sven


    The county council has given us their opinion in a phone call.

    Summary is:

    EU directive is nice but we are in Ireland and if you take the front of the house (for whatever reason) you have to have planning permission.

    If you put it at the side of the house, no part of the dish is allowed to stick out of the frontline of the building (window extensions do not count).

    If you put it on the chimney (poor Santa) it is also not allowed to be on the front of it, it needs to be on either side of it.

    Timeframe:
    They give us another week to fix this otherwise we get an enforcement letter and we get to pay or go to jail.

    About the complaint:
    And we found who complained about it. We have a new GAA Clubhouse down the road which makes a lot of noise and some people complained about that and took them to court so in retaliation they informed the Council about building code violations. Up to now I did not stick my head into that subject, but now I am considering.

    So, anybody any idea, what it will cost me to get my dish moved from the front to either the side of the house or the chimney?

    /Sven


  • Closed Accounts Posts: 22 Sven


    A quick call to Sky about it (to see if I get the same answer like the person down the road) und guess what, I got the same answer.

    You are still within your warrenty, call the Irish Installer and get him to move the dish for you (dohh..).

    Asking her for the price, she informed me that there will be no charge as I am in warrenty and that the Irish Installer should have known the law of the land and she actualy appologized for the problems this might cause me.

    I guess she just wanted to get ride of me, but I will call the company that installed the dish and see what they say.

    /Sven


  • Registered Users, Registered Users 2 Posts: 10,727 ✭✭✭✭DMC


    Originally posted by Sven
    About the complaint:
    And we found who complained about it. We have a new GAA Clubhouse down the road which makes a lot of noise and some people complained about that and took them to court so in retaliation they informed the Council about building code violations. Up to now I did not stick my head into that subject, but now I am considering.

    Hi Sven,

    I'd fight this battle on the letters page of the Irish Times or do a Joe Duffy, if I were you, and point out the pettiness of it.
    Thats just low. :mad:

    GAA + Councillors = Bad cocktail.


  • Closed Accounts Posts: 182 ✭✭David Stewart


    When I signed up for Sky I was contacted by the installer who told me right off the bat without being asked that they were not allowed to put the dish on the front of the house. Clearly your installer was negligenent in this regard. You might have been able to take him to small claims court for any additional cost incurred in moving the dish (because he didn't do his job properly). But since you aren't being charged that's a moot point.


  • Closed Accounts Posts: 102 ✭✭freetoair


    All is not lost ! Sven, if you can prove that the dish has been there for more than 5 years then you don't have to take it down. Once in object has been in place for that length of time with no complaints then it is accepted as being permanent.
    All you need is a receipt from an installer going back 5 years or proof that you were paying a Sky subscription 5 years ago.

    I'm sure some installer on this forum could come to your aid and issue you with an installation receipt for around that time !!


  • Registered Users, Registered Users 2 Posts: 11,349 ✭✭✭✭Tony


    I always tell people what the ramifications are for placing the dish on the front of the house and I tell all my subcontactors to do the same. ON many occasions customer still insist of placing it at the front so save on bracket costs etc

    If a bulider builds something for you that contavenes planning laws will you take him to court too? Come on David surely the householder must take responsibility for dish placement if he/she agrees with where it is installed. I really dont understand how you can say an installer is not doing his job when the customer is present when dish is being installed. Surely personal responsibility should play a part. How can you say "Clearly your installer was negligenent in this regard." when you were not there when the install took place, nothing clear about it.

    Tony


    Originally posted by David Stewart
    When I signed up for Sky I was contacted by the installer who told me right off the bat without being asked that they were not allowed to put the dish on the front of the house. Clearly your installer was negligenent in this regard. You might have been able to take him to small claims court for any additional cost incurred in moving the dish (because he didn't do his job properly). But since you aren't being charged that's a moot point.

    https://satellite.ie/



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  • Registered Users, Registered Users 2 Posts: 11,349 ✭✭✭✭Tony


    Its very easy for a sky rep to say its the installers fault no charge etc They can only speak legitimately about their own contractors Sierra etc

    Another contibutor to boards recently told me that sky told him to contact me as his card was not working correctly!!
    Turned out they forgot to send the correct signal

    Unbelievable incompetence on their part.

    Tony

    Originally posted by Sven
    A quick call to Sky about it (to see if I get the same answer like the person down the road) und guess what, I got the same answer.

    You are still within your warrenty, call the Irish Installer and get him to move the dish for you (dohh..).

    Asking her for the price, she informed me that there will be no charge as I am in warrenty and that the Irish Installer should have known the law of the land and she actualy appologized for the problems this might cause me.

    I guess she just wanted to get ride of me, but I will call the company that installed the dish and see what they say.

    /Sven

    https://satellite.ie/



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