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Planning issues - post them here MOD WARNING post #1



  • Registered Users Posts: 31 ArtieBucco

    Thanks everyone for the comments

    I will let you know how I get on!!

    neighbor just a bad article in fairness 😩

    little to be at...

  • Registered Users Posts: 2,795 ✭✭✭chooseusername

    Did the application go in before the notice went up?

    that's the only way he could prove it was late.

  • Registered Users Posts: 31 ArtieBucco

    I think application went in on the morning and that afternoon site notice went up. But they took photos of us putting it up😁

    2 days after said date on notice.....whats the worst can happen, invalid application??


  • Moderators, Society & Culture Moderators, Sports Moderators Posts: 12,127 Mod ✭✭✭✭Kingp35

    I'm looking for some input on my situation.

    I'm sale agreed on a house that I really want to purchase however there's some planning issues that have arisen.

    Basically there was an extension added to the house and retention was applied for and granted in 2014 on the provision that a new septic tank be installed within 6 months. This didn't happen. A new tank was installed in November 2021 as they were selling the house.

    Obviously it's outside the six month time frame but it's also over 5 years since retention was granted so I think the works just done are illegal as planning has lapsed. Also the retention provision specified that a particular tank should be installed. I don't think this happened however retention also stated that an equivalent tank would be accepted if a report on same was submitted to council.

    The current owner has submitted an engineer's report to Galway County Council on the works just done but the council have made no decision on it yet.

    We are left in the position where if we buy this house we will be taking on the risk.

    What I'm wondering is what's my worst case scenario. I know nothing about planning. Could the council ask me to take out the newly installed tank and install the one originally specified? Could the council have a problem with the original extension as retention was only granted on the basis of the new tank being installed? Or might they just ask for a new rentention application to be submitted? Or could they even just approve the newly installed tank despite it being late?

    Any input at all would be appreciated.

  • Moderators, Regional North West Moderators Posts: 44,785 Mod ✭✭✭✭muffler

    If you purchase the property then as the new owner you will inherit any planning issues that exist. From what you stated I wouldnt see any great issues if the report submitted by the engineer is favorable. But maybe best to look for some form of extension of time with the contract in order for the tank issue to be resolved.

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  • Moderators, Home & Garden Moderators Posts: 10,123 Mod ✭✭✭✭BryanF

    Is it possible to Hold say 10k ‘retention’ until the waste treatment is resolved?

  • Registered Users Posts: 507 ✭✭✭mike_2009

    Hi - I've planning permission with an attached condition - add a few windows for passive surveillance on the gable end. I submitted updated drawings last September. No word yet. They only put up the submission on their website last week and they are doing them in order. Prices are skyrocketing so I want to know if there is anything I can do to shake this tree or will I just have to wait my turn? Suggestions welcome! Heading to 5 months and into my sixth....

  • Registered Users Posts: 16 trackrunner


    Am looking at purchasing a site subject to planning but the site is near the top of a hill and quite exposed. Site has a view of a main road 1km away line of sight. So could be difficult in getting planning.

    Anyone have any advice how to mitigate these issues or have succeeded in the past in getting planning on a similar type of site? Would planting trees etc. be enough? Site is in a rural location with just one neighbour. Would probably look elsewhere but no other sites available in the vicinity and don't own any land.

  • Registered Users Posts: 751 ✭✭✭C. Eastwood


    Best course of action is to phone the local planning Dept and get the name and email address of the Area Planner. Print off the location of the site from Google maps and email it to the planner and tell the planner that you wish to apply for planning permission for the type of house you want to construct.

    After receiving the planners email reply if it is not very positive, you could submit a Planning Permission Application for Outline Planning. This planning application does not require a detailed house drawing.

  • Registered Users Posts: 2,010 ✭✭✭MacDanger

    We received planning in Dec for a house on a reasonably exposed site overlooking an N road (maybe 400m from the road, approx 80m elevated) although not exiting onto the N road. In the RFI, the planner requested a "photo montage" - basically the architect took a photo from the N road and then put in a rectangle shape to show how the house would look from a distance. I thought it looked crap enough but it was sufficient for the planner apparently. We also have to do some planting on that side of the site to mitigate the visual impact

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  • Registered Users Posts: 8 DM89

    Hello All,

    We have put a deposit down on a new build home that is "off plans". We were shown site plans & layout of the houses and viewed the site with the estate agent and all seemed good.

    We have now got to the contract stage and we noticed a big problem when looked through the contract.

    All of the houses are in a strait line and the plans we saw showed all the garden were the same size and also in a straight line like the houses.

    However in the contract we noticed that our garden (& only our garden) has a large chunk taken out of it by the house beside us. They will now have a bigger garden then everyone else and we will now have a smaller garden then everyone else, yet we are paying the same amount. The house beside us doesn't have planning permission granted yet (it will soon i hear).

    We would be devastated to withdraw from this sale but also feel really misled as it was never brought to our attention. The first indication was in the contract which i am thankful we looked through now.

    Our solicitor has tried to contact them twice and has got no response from them

    Is there anything we can do?

  • Registered Users Posts: 751 ✭✭✭C. Eastwood


    This is a conveyancing Contact matter, your solicitor is the best person to deal with this.

  • Registered Users Posts: 8 DM89

    Thank you for the reply, yeah we are going to leave it with the solicitor. Just really worried how it is all going as we had been looking for over a year for our first home and had such bad luck on countless occasions.

  • Registered Users Posts: 2,408 ✭✭✭skinny90

    Hi All

    After speaking to a friends (an engineer and an architect ) They have advised on us to set up a preplanning meeting with the co council.

    The site was refused outline permission based on the site entrance and position of the septic tank back in 2005.

    We are not fully sure on the designs swelling size.

    However for a meeting we need to provide dwelling details.

    I am just wondering how accurate these need to be?

    The purpose of the preplanning meeting is to see what we need to have in order with planning to get it accepted

    Any help would be appreciated

  • Moderators, Regional North West Moderators Posts: 44,785 Mod ✭✭✭✭muffler

    The planners will be looking first of all to see what style of house you are proposing ie. bungalow, dormer, 2 storey etc. They may/may not get into specific detailing re aesthetics and compliance with ant good house design elements they have. In my local council area a couple of photos of a similar style house would probably suffice but the norm would be to either have a sketch prepared by your architect or you could simply look up some plans online and find one thats close to what you are after and screenshot that.

  • Registered Users Posts: 163 ✭✭mal_1


    I have a query on a commercial office building.

    The top floor of a building, was converted from an office to an apartment with planning about 25 years ago.

    can it be converted back to office without going for planning, my thinking is it can, (similar to where a commercial could revert back to a house without planning, however you may had to apply to planning to remove rates) but is there anything in the more recent planning acts which has changed that regarding removal of a residential unit.

    Thanks in advance.

  • Registered Users Posts: 3 Sean123456789

    Hi Everyone

    Respecting certain parameters, you can build a garage of less than 25 sq m without planning permission; and you can build an extension of less than 40 sq m without planning permission. But can you do both? I assume you can, but don't want to go ahead without checking. Any information would be much appreciated


  • Moderators, Regional North West Moderators Posts: 44,785 Mod ✭✭✭✭muffler

    You can build both subject to the usual conditions.

  • Registered Users Posts: 3 Sean123456789

    Thank you

  • Registered Users Posts: 12 D_M_A

    Hi all,

    I have a query regarding exempted development. I'm about to apply for PP to knock an existing detached garage (built by previous owners, and no evidence of planning) to the rear of my property, to rebuild it with a larger footprint.

    A year ago I built a single storey rear extension which (combined with the existing garage) fell under the exempted development rules, i.e. <40m2

    The larger garage will now push the combined additions beyond the 40m2 limit. Am I required to apply for PP for the shed and Retention Permission for the single storey extension? Or will it suffice to just apply for PP for the shed seeing as it is the offender?

    Appreciate any help, phone lines in LA are down.

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  • Moderators, Regional North West Moderators Posts: 44,785 Mod ✭✭✭✭muffler

    The exemptions allow for a max. of 40m2 extension to a house and a max. of 25m2 detached domestic garage/store subject to certain conditions. There is no adding or combining the respective floor areas as they are 2 separate structures.

  • Subscribers Posts: 39,469 ✭✭✭✭sydthebeat

    the extension and shed are different classes of development, therefore the combined areas does not effect the exempt nature of each

    you do not need to apply for retention for the extension now.

    as you need permission for the shed, just be careful that you are retaining enough private amenity space (rear garden) on the site

  • Registered Users Posts: 12 D_M_A

    Thank you both, that's cleared that up. I didn't realise they were treated separately. The remaining rear garden will be approx 40m2 so shouldn't be any issues in that respect.

  • Subscribers Posts: 39,469 ✭✭✭✭sydthebeat

  • Registered Users Posts: 86 ✭✭BamesJond

    Can anyone provide some insights on this?

    I've got an RFI on my current septic tank setup for renovations - I was hoping this would be pretty easy to get in play but so far I've contacted multiple companies and only one has actually confirmed they're even able to perform the works who I'm still in touch with.

    Can anyone let me know of any companies in the Laois/Kildare/Carlow area that might be able to assist?

    There are further steps to undertake if the septic tank is not deemed to be up to spec but I'm just trying to get as much info as possible from anyone else who may have gone through something similar!

  • Moderators, Regional North West Moderators Posts: 44,785 Mod ✭✭✭✭muffler

    Get an independent site assessor to deal with the issue. Most Co Councils have an approved list of assessors so ring your local planning office and ask there. Alternatively you could have look at online applications involving septic tanks and see who carried out the site assessments.

  • Subscribers Posts: 39,469 ✭✭✭✭sydthebeat

  • Registered Users Posts: 86 ✭✭BamesJond

    I wasn't aware site assessors were the correct people to perform a septic tank test. I rang the CC and they couldn't provide me any details but I'll do some further investigation.

  • Registered Users Posts: 1 Manintheland

    Applying for retention in a zone of notification (section 12)

    hi we took procession of a property from my wife's late father to which there was an extension built at the rear of the property which had become derelict walls had rotten due to the roof failing and no being repaired we have pictures to prove this

    so had to be demolished re-rebuilt the extension using the same foundation but when up to the second storey to include a bathroom upstairs which we are mirroring what a neighbour has done without planning. (the neighbour's Extention is actually higher than ours)

    as the extension is within the 40m2 we did not seek planning but we have received a warning letter from the local authority regarding the height and closeness to boundary walls (terraced house) and that the work has been carried out near a National monument (which is directly behind the house but outside of or boundary) so we have to engage with the NMS and seek retention for the extension.

    we have engaged in communication with the local authority officer and he has suggested that it's merely a box-ticking exercise.

    we are arranging for an engineer and architect to draw up plans but I wondering if anyone has gone through something similar before and if they ran into much trouble dealing with the NMS and the local authority?

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  • Registered Users Posts: 31 ArtieBucco

    Hi All,

    Was wondering if I could get some feedback regarding an issue I am having with regards to Planning?

    Basically I am helping my neighbour draw up plans for an extension to a semi-d in a rural area. The front of the house faces south, the rear faces north, side elevation to the east which has a family member in the shared garden and west elevation is the other semi-d bungalow

    The proposal is to build a flat roof single storey extension to the rear linking to a storey and a half. The garden is quite narrow. I have strategically placed all the windows to face the rear garden on the ground floor, but on the first floor, i have two bedrooms, facing the rear garden. For fire escape i proposed two windows again facing the rear garden. The planner has mentioned to me to take extra precautions that no windows face neighbouring properties, would this mean that the two First floor windows would be not permitted? Obviously when up in the bedrooms you can look out the garden and you can see into the neighbouring gardens

    Thanks all.