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Planning issues - post them here MOD WARNING post #1

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Comments

  • Moderators, Regional North West Moderators Posts: 43,172 Mod ✭✭✭✭ muffler




  • Registered Users Posts: 110 ✭✭ timmymagoo


    Not sure if this right place to put this but

    I want to build a proper shed that will also be partly an office

    Not adjoining - about forty foot away from house.

    There is currently a timber shed there that has power and water

    I want a shed with foundations and concrete block and roof , size 40M X 5M dormer

    Do I need planning? If so would it be easy enough

    Thanks



  • Moderators, Regional North West Moderators Posts: 43,172 Mod ✭✭✭✭ muffler


    25 sq metres is the max exempted size so you will need planning permission.



  • Registered Users Posts: 110 ✭✭ timmymagoo


    OK so I bought the house 5 years ago and there was sheds in the same area I plan to build

    They are on the maps , they were in a right state so I knocked them

    But the sheds were close to what I am planning

    Does this mean anything


    Thanks



  • Moderators, Regional North West Moderators Posts: 43,172 Mod ✭✭✭✭ muffler


    It doesn't matter if sheds were there before or not. If they were and had a combined floor area in excess of 25 m2 then they would have been unauthorised. Im not sure why this wouldn't have been flagged before you bought the property unless the house and sheds were very old (pre 1963).

    40m long is quite excessive when looking for planning



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  • Registered Users Posts: 110 ✭✭ timmymagoo


    The house built 1904

    Thanks for the advise I will need a builder to have a look

    Maybe an engineer



  • Registered Users Posts: 29 ArtieBucco


    Hi all,

    Quick question regarding applying for retention permission for a flag pole within a residential area. Would a full application be required containing drawings, plans/elevations etc showing the flag pole or would photographs be suffice? Thanks for your help.



  • Moderators, Regional North West Moderators Posts: 43,172 Mod ✭✭✭✭ muffler


    You can submit photos as part of the application if you wish but you will need to include actual drawings with appropriate measurements.



  • Registered Users Posts: 29 ArtieBucco


    @muffler Thanks very much for the reply!



  • Registered Users Posts: 2,111 ✭✭✭ mel123


    Application submitted and permission granted, so now waiting on final grant has been issued by the Planning Authority/An Bord Plenala. I have two questions:

    1. When can i start the work that i applied for planning permission? Lets say tomorrow is the last day people can make an appeal and assuming they dont and i am good to go, do i have to put up a commencement notice and wait a further number of weeks?
    2. Assume the answer to question 1 is i have to wait another lets say 4 weeks, can i go in to the house now to work on other parts of the house, just not what is in the planning permission?

    I know you will probably say ask your architect, when i say i got a bum deal with mine, you wouldnt believe it!!!!



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  • Registered Users Posts: 519 ✭✭✭ C. Eastwood


    mel123.

    You have not been granted planning permission. You have received a Decision to Grant Planning Permission. If there is no third party Objection submitted to An Bord Pleannala, then the Grant of Planning Permission will be issued to you within a few weeks.

    With this Grant, you will receive information on how to make an online application through the BCMS ( Building Control Management System) for a Commencement Notice (CN). This is a very important document.

    The notice must be given to the authority not more than 28 days and not less than 14 days before the commencement of works. If the notice is correct, the Authorities will issue the CN

    Ensure that you comply with all of the Conditions of the Planning, which are required to be complied with before commencement.


    Then you can start



  • Registered Users Posts: 2,111 ✭✭✭ mel123


    Thank you that is most helpful. So once i get my Grant of Planning Permission (assume lets say submissions end tomorrow it will be in the near future), I apply online for a commencement notice. How does this work ie lets say i apply on Friday, can i start 14 days after the day i apply or is there more waiting around?



  • Registered Users Posts: 519 ✭✭✭ C. Eastwood


    Thanks mel123.

    You must have the Grant of Planning in your hand and upload it when making the on-line application for the Commencement Certificate. You must state the start date - minimum - 14 days. When the Building Control issue you the Commencement Notice, you must wait 14 days before you commence the building works.



  • Registered Users Posts: 10 an buachaill


    Hi all,


    In a bit of a situation here that is causing headaches.

    We are purchasing a house based on a developers drawings. The house is built far as downstairs windows and they started putting up the walls between the houses. We saw a picture of the build and a thing that sticks out is how small our back garden is! Based on the plan we had a big back garden which was a selling point for us as we have dogs. Our house is a detached house. We contacted the builder, developer and estate agent and they are all passing the buck and not taking responsibility. Of all the gardens affected we seem to be losing the most.


    Please see attachment of the issue, the blue line was the original drawing. The green line is what we were told we were getting when we raised the issue and this is what we got today with the redline. Feels like they are intentionally doing this on purpose now.


    Any advice or help appreciated, thanks.




  • Moderators, Home & Garden Moderators Posts: 10,092 Mod ✭✭✭✭ BryanF


    An buachaill

    you need to review the contract documents with your solicitor. You’ll probably need an opinion from an engineer. How much of a deposit do you loose if you pull out?



  • Registered Users Posts: 10 an buachaill


    BryanF,


    tbh we can’t pull out as the price of houses are only going one way and the location is key to us. Our solicitor doesn’t think there is much we can do so was looking for guidance here in case somebody might know something.

    Thanks



  • Subscribers Posts: 35,980 ✭✭✭✭ sydthebeat


    Ask for a copy of the map of that exact area that will be transferred to you on purchase.

    If it's different from what you were original presented as purchasing then you might be able to claim breach of contract and pull out of the purchase.

    If it is the same, then technically you will own out to the original boundary line, and should you wish to claim those lands outside of the fence, you will certainly be within your rights.

    I can't comment as to the practicality of this, as there is a retaining wall mentioned, but no other info to describe what's happening either side of this retaining structure



  • Registered Users Posts: 29 ArtieBucco


    Hi all,

    Was just wondering if anyone has ever got planning permission for a one and half storey rear extension to a bungalow, where the 1.5 storey wall is higher than the eaves of the bungalow? Sounds mad, but was really curious if this is possible? Does the rue apply when buidling extensions that the new walls should not be higher than the original eaves etc

    Thanks very much



  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 15,900 Mod ✭✭✭✭ DOCARCH


    Absolutely possible but all really depends on design and context! Very hard one to answer definitively on an online forum.



  • Registered Users Posts: 29 ArtieBucco


    Thank you DOCARCH

    I am helping out a neighbour with his extension proposal and unfortunately its a tight site and limited to extending on the ground floor

    To make it viable and worth his while he wants to create a bedroom in "the attic" so a dormer roof construction was suggested. But with the 1.5m studs, the room is too small, and therefore was wondering if we built a storey and a half would it be an issue in planning, with the wall above the line of the eaves

    I suppose a pre planning consultation would do no harm


    Thanks very much



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  • Registered Users Posts: 1,102 ✭✭✭ robdonn


    Hey everyone,

    I'm looking to build a shed with a car port at the end of my driveway but I have a few questions about whether I would need planning permission.

    Currently my bungalow has an extension exceeding 25sqm that had planning permission, there is also an existing shed in the back which is about 31sqm which I recently got retention permission for (was built by original owner 30 years ago) as I'm planning to add a larger extension to the house and the CC flagged the shed.

    I'd like to build a new shed with a car port at the end of my driveway. Since I have permission for the extension and the existing shed, does that mean that I have the full 25sqm unplanned allowance available to me?

    Also, does a car port count towards the 25sqm?

    Thanks

    Post edited by robdonn on


  • Subscribers Posts: 35,980 ✭✭✭✭ sydthebeat


    You need permission


    the fact you were granted permission previously doesnt mean you can still use the exemptions

    2. The total area of such structures constructed, erected or placed within the curtilage of a house shall not, taken together with any other such structures previously constructed, erected or placed within the said curtilage, exceed 25 square metres.




  • Registered Users Posts: 1,102 ✭✭✭ robdonn


    Well thats that plan out the window! Thanks for the fast response.



  • Subscribers Posts: 35,980 ✭✭✭✭ sydthebeat


    if you are planning a larger extension to the house, and assuming the proposed extension needs permission, you can include the new garage and car port in the application.



  • Registered Users Posts: 6 kevmagic


    Hi all,

    We were recently granted permission to remodel and add to an existing kitchen extension. However one of the conditions stated - In the interest of flood risk management that

    "all electrics and appliances should be raised to a minimum of 1m off the finished floor"

    This is a kitchen extension. Which would mean we couldnt have a hob as the counter would only be 800mm or so. We can't have a toaser. The dishwasher would be at eye level etc etc.

    Has anybody come across this before?

    We are close to a flood risk zone so completely understand sockets and fixtures having to be raised (although our house has never flooded) but does this seem insane?



  • Registered Users Posts: 29 ArtieBucco


    Hi all,

    Just wondering if a planning application can be deemed invalid or maybe refused if for example; a site notice date of we say 01/02/2022 was stated on the notice as the day of erection, but the owner only erected the notice we say 2 days later? Like on the 03/02 or 04/02.....etc

    What are the implications if it was reported to the planning authority?

    Thanks very much



  • Moderators, Regional North West Moderators Posts: 43,172 Mod ✭✭✭✭ muffler


    Someone would have to go to a lot of bother to prove the notice wasn't in place on the date. For example take photos of a newspaper with date displayed (newspaper date) held aloft on a day following the stated date to indicate that there wasnt a notice displayed and even then the planners probably wouldn't accept that submission.

    Most applications I would have been involved in over the years wouldn't have had the notice put up for maybe a week or two after the stated date.



  • Registered Users Posts: 29 ArtieBucco


    Thanks muffler, neighbour next door is making an issue of it, i suppose all i can do is wait and see..neighour actually took photos and word on the grapevine is that a submission is on its way....😪

    cheers



  • Subscribers Posts: 35,980 ✭✭✭✭ sydthebeat


    Same as muffler

    I've often erected site notices after the date on them.

    Once it is up when the council come out to vote it, thats all that matters



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  • Moderators, Regional North West Moderators Posts: 43,172 Mod ✭✭✭✭ muffler


    If they make a submission then it will most likely contain other issues. The planners have no way of knowing when the notice was put up. If and it's a big if they ask you to confirm the date then just do so ... ie. The notice was erected on the stated date. I wouldn't worry about it.



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