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Planning issues - post them here MOD WARNING post #1



  • Registered Users Posts: 1,066 ✭✭✭ purple hands

  • Subscribers Posts: 38,407 ✭✭✭✭ sydthebeat

    you will need drawings, site location map etc (pretty much everything youd need for a planning application. i would also include photos as well)

    the section 5 will probably take 8 weeks to come back.

    why cant you simply get an architect to determine if what you propose is exempt, and provide a cert to state as much on completion?

  • Registered Users Posts: 1,066 ✭✭✭ purple hands

    Thanks very much for the reply.

    I suppose the section 5 declaration was considered to be more official perhaps.

    Had not considered what you have proposed with the architect, sounds like a good idea. Any idea of costs for that? I ask because we were put off the architect route following some contact with a design-build company that quoted us 4.5k for drawings etc.. Maybe I'm naïve and that's just the going rate, but seemed excessive.

  • Moderators, Regional North West Moderators Posts: 44,113 Mod ✭✭✭✭ muffler

    You can put the S5 application together yourself if you feel confident enough to do so. Alternatively follow the advice given by sydthebeat.

    4.5k is a rip off.

  • Registered Users Posts: 926 ✭✭✭ onrail

    For one reason or another, I need to get a planning application for a one-off build lodged as soon as possible.

    Rather than submitting for outline PP, the architect/agent has suggested that we submit an application based on an 'off the shelf' plan which is roughly in line with our eventual desired house, and subsequently apply for a change or retention with our final desired plans.

    Is this a risky strategy? I definitely don't want to be left with planning for a house I'm not happy with!

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  • Moderators, Regional North West Moderators Posts: 44,113 Mod ✭✭✭✭ muffler

    If its urgent and the design is reasonably close to your preferred design then fire away. If all goes well and you get permission then you can apply for a change of house type later. Shouldn't really be an issue.

  • Subscribers Posts: 38,407 ✭✭✭✭ sydthebeat

    no not risky at all.

    if you get planning then you can change the design within reason (assuming "within reason" is close to what you already have permission for)

  • Registered Users Posts: 2,114 ✭✭✭ Dinzee Conlee


    Not sure this is the right place for this, but I’ll throw it out there anyways

    We have the remains of an old cottage in some woodland on our farm. Now, when I say remains - I mean one gable wall, barely standing…

    It can be seen on old ordinance survey maps that there was a cottage there long ago, but I don’t know if this matters really…

    What would be the likelihood of getting planning permission to have it rebuilt?

    This would be a project as much as anything, and would probably end up being rented out whenever it got finished.

    I am based in Cork, if that matters?

    Thanks in advance folks,


  • Registered Users Posts: 926 ✭✭✭ onrail

    Thanks. When you say 'reasonably close' I take it ridge height and square footage would be the main concerns?

  • Moderators, Regional North West Moderators Posts: 44,113 Mod ✭✭✭✭ muffler

    They would indeed.

    You also need to consider the type of house ... bungalow, dormer, 1.5 storey, 2 storey. Whatever style you select now would need to reflect your long term requirement.

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  • Registered Users Posts: 1,019 ✭✭✭ db

    It depends on whether you already own the door or not. If you do you can get straight into the planning process. If you don't own the site you will have to come to an agreement with the owner to buy it and sign contracts subject to planning.

    Just because there is already a ruin on the site does not mean you will automatically get permission to build. There are many reasons an application might fall and local needs may still apply. If you are subject to local needs you will not be able to sell or rent the house for up to 7 years.

    When you are ready to start the planning process find an architect, architectural technician out engineer to design the house and help you with the planning application.

  • Registered Users Posts: 2,114 ✭✭✭ Dinzee Conlee

    Thanks DB… (I assume you were replying to my post)

    I own the site. I have an existing house on the farm, so it wouldn’t be for me to live in. I wouldn’t be able to claim local needs - it would be for rental, not sure how hot the planning department would be with that?

    Ah, it’s just to see if we could do something with the site really…

  • Registered Users Posts: 115 ✭✭ Hatch1989

    Hi, looking for some advice.

    Our plans have been submitted to council and after 8 weeks They came back for further information, this has also been submitted.

    On the plans we have included quite a lot of stone on the front of the house - but not the porch and sunroom.

    However, now we think it is too much and would like to change to just having stone on the porch and sun room rather than the full front.

    Would this be a difficult amendment to make? Will we have to start again with the original submission to the council? Appreciate any advice on this.

  • Moderators, Regional North West Moderators Posts: 44,113 Mod ✭✭✭✭ muffler

    Very hard to say as a lot of these things are down to the opinion of a particular planner in a particular local authority area. Some LA's may allow you to make a written application for a minor change after PP has been granted while others will insist you reapply for PP for elevational changes.

    Pity you didn't think of this before the FI request was responded to as it may have been easier dealt with. Best advice I can give you is ring the planner and discuss your options. If they haven't reached a decision yet then they might be prepared to accept the changes but getting your architect to submit drawings at short notice wont be easy. There is always the option of requesting a deferral on the decision date to allow for revised drawings to be submitted but again that's all dependent on the status of your current application.

  • Registered Users Posts: 115 ✭✭ Hatch1989

    Thanks for the reply.

    Also, if you have stone on your plans is it a requirement that the stone be included immediately as house is being built?

    Is it a requirement at all if you change your mind and would prefer bare walls?

    I was of the understand if stone was in your plan you Didny necessary need to include it when building. But if you didn’t have it on the plan at the start you didn’t have the option to do it at all

  • Moderators, Regional North West Moderators Posts: 44,113 Mod ✭✭✭✭ muffler

    Strictly speaking you have to build in accordance with the plans submitted for PP. In the past some "supervising" professionals would have issued the usual certs of compliance without the stone but speaking from personal experience I had one job where I had signed off on only for the lender (through their inspector) to declare that it wasn't complete as a porch and sun room didn't have the stone finish that had been indicated on the plans. So you need to watch that angle if you have a mortgage.

    As I posted previously talk to the planner to determine what they will accept and when. In the current climate everything has to be pretty much done by the book.

  • Registered Users Posts: 217 ✭✭ Callan

    I am the owner of a mid terrace house. My next-door neighbour is currently having an extension built at the back of his house. This extension will have a flat roof.

    Yesterday, he informed me that he plans on using this flat roof as a terrace/deck. To me this is completely unacceptable, it would be looking directly into one of our bedrooms, sitting room and back garden.


    He doesn’t have planning permission. I have checked the planning rules which state that to be exempt from the requirement to obtain planning permission “Any extension above ground floor level is at least two meters from any boundaries”. I assume this proposed terrace will be considered above ground floor.

    I have told him he will need to seek planning permission for a terrace/deck and that I would object to it.

    Can anyone one confirm if this needs planning permission? What is considered above ground floor?

    I also have concerns about the build quality of the extension, an RSJ has been installed under a loose brick on both sides. I told my neighbour he should get an architect or building surveyor to ensure the building is safe.


    Post edited by Callan on

  • Moderators, Regional North West Moderators Posts: 44,113 Mod ✭✭✭✭ muffler

    The single storey extension is most likely exempt but if he proposes to use the roof as a balcony then that's a different story.

    What you see in the photo looks like a padstone but you shouldn't be concerning yourself with those matters as I don't really see how any possible future failings would impact your property.

  • Registered Users Posts: 502 ✭✭✭ mike_2009

    I have planning for a new house adjacent to where I live and I need to build a new driveway before splitting the site. There is a tree in the front of the property that the grant of planning permission mandates that I protect above and below ground from the works. The trunk is within 1 meter of the new driveway and services, water main etc. I don't understand how I can begin construction without damaging the roots. Plus the tree will be impacted by any large plant (crane/cement trunk etc) above ground to gain access to the site. This is all ahead of me next year....

    Is it possible to protect a tree in the way they have stated?

    If I get a letter from a tree expert stating the tree can't be protected in this way and would be a danger how do I broach this with the planners without having to reapply for planning all over again? Thanks!

  • Registered Users Posts: 5,065 ✭✭✭ hardybuck

    Feedback welcome regarding some strange carry on in our area.

    An auld git in our area has made an observation regarding an application from his neighbour which he strongly opposes. He's gone on a big rant at the Council in his observation, and criticised some recent decisions in the surrounding area. In doing so he's taken pictures of different houses in the area which he likes and doesn't like, and provided his unique commentary on same.

    My home was one of the ones included in the observation. While I found it pretty amusing, I'm not particularly comfortable with my home being included in a rant in a publicly available document which will be available online into the future.

    Can I ask the Council to edit the publicly available document, or is this something I'll need to suck up?

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  • Registered Users Posts: 2,060 ✭✭✭ Reputable Rog

    Yes you can. The submission should have been redacted.

  • Subscribers Posts: 38,407 ✭✭✭✭ sydthebeat

    Unless there is something in the submission which undermines your privacy or security, then the council don't have to take any action.

    A photo of you house, taken from a position on public property, is not a threat to your privacy.

    What exactly is your issue with the submission? Are you named in it? Are any of your medical records exposed in it? Is there anything in it which may threaten your security?

  • Registered Users Posts: 5,065 ✭✭✭ hardybuck

    In terms of privacy I suppose he's shown a view similar to what Google maps would show, but I can ask Google for that to be blurred if I wish.

    The chap has made a number of very derogatory comments regarding some properties, and more positive ones on others, during his running commentary on architecture and planning in the area. I'm in the positive category but I'd rather not be party to any of the rant, and none of us have anything to do with the planning dispute which he has with his neighbour.

  • Registered Users Posts: 41 hydrus21


    Information please from those in the know.

    I presume some type of completion cert needs to be submitted to the planning dept. after works are completed.

    Is there a time limit ?

    eg. 3 yrs 5 yrs etc.

    And what is the process of checking?


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 16,812 Mod ✭✭✭✭ DOCARCH

    You may be confusing a few things?

    There is no requirement to submit anything to the planning department after works are completed. However, planning permission, when granted, usually has a lifespan of 5 years, so normally works must be completed within 5 years. The planning department will not be checking this. This is relevant for your certifier. There are mechanisms (you can submit an application) to extend the lifespan of the planning permission.

    You mention completion cert. If your build was under the requirements of 'full' BCAR (Building Control Amendment Regulations) (i.e. not Opt-Out) then a completion submission must be submitted to the building control department (via the BCMS) after the works are completed. This submission, to get a 'completion cert', must be made immediately after the works are complete and before the house/building can be occupied. This does not apply for Opt-Out.

  • Registered Users Posts: 41 hydrus21

    Thanks for that information.

    So once planning has been granted and works started within a time frame,no checks are made on construction or design if the build costs were

    met without the need for a loan/mortgage ?

  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 16,812 Mod ✭✭✭✭ DOCARCH

    Essentially no. Nobody is going to come knocking on your door (....unless you are not building in compliance with your planning permission and somebody makes a complaint).

    But someday you will probably need somebody to give you an opinion on compliance with planning permission and building regulations if the house is ever to be sold or even if you want to borrow money using the house as collateral.

  • Registered Users Posts: 41 hydrus21

    The house appears to comply,but the access road is 500mtrs. from where it should be and the filter bed is in the wrong field.

    I guess my neighbour is taking the long term view.

    Thanks for your reply

    H N Y

  • Moderators, Regional North West Moderators Posts: 44,113 Mod ✭✭✭✭ muffler

    That would be a clear breach of your planning permission and you have now entered the realms of unauthorised development. As stated by DOCARCH you will probably never see anyone from the planning dept again unless someone reported the issues. The issue of having the entrance and percolation area in different locations from what was approved will come back to bite you in the ass at some time in the future. My advice would be to talk to your architect/engineer/agent with a view to regularising the unauthorised elements of the development.

    Going back to your original query Id agree with DOCARCH's earlier reply but just to add that you most likely have a condition regarding a Section 47 agreement which will need to be complied with.

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  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 16,812 Mod ✭✭✭✭ DOCARCH

    From OPs reply above, sounds like s/he was 'asking for a friend'. 😀 I think OP is referring to what's happening on a neighbouring site.