Planning issues - post them here MOD WARNING post #1

Tim_from_Trim

Apologies if this is in the wrong forum or place. I can move it if need be. Im trying to help my sister build a small cabin - Ideally we want to install a prefab log cabin on her property so she can airbnb it to make some income. Im a contractor in the states and am used to permits, construction over here but have never built a house in ireland. The location of the house is in Donegal in the middle of nowehere and looking at the land, I think you could easily fit 3 decent size cabins there. I do know that it is not in a SAC (Special Area of Conservation) but right beside it. I can provide any information anyone requires. Can you apply for planning permission yourself?

Is there a sq footage number if under you do not need planning permission

Does a structure need to be a certain distance from a road?

Are there inspections plumbing electrical, foundation, nearly every step of the way?

Any advice is really appreciated. 

Thank you,

Tim

muffler

https://www.boards.ie/discussion/comment/120810086#Comment_120810086

A few questions in there. Yes you can apply for planning yourself. For living accommodation there are no exemptions from planning apart from extending an existing house subject to conditions. There is a min. distance of 11 metres for building on local roads. This distance increses with an increase in the road classification.

2 big problems you have though. The proximity of a SAC could be an issue but a lot depends on the nature and extent of the proposed development. The biggest problem is "cabins". They are generally frowned upon but location may be a help. Building to let isnt really something the planners will approve. So you are probably better contacting a local planning agent before you invest too much in this.

Tim_from_Trim

Hi Muffler,

Thank you for the quick reply. I appreciate it. I have follow up questions. So how does someone build a house if they want it more than 11 meters from the road? I suppose where my sister is planning is more than 11 meters for sure. Would we have to create a driveway up to the cabin or structure?

So if we built a house for me to live in when I return to ireland - this would sound better?

Tim

muffler

https://www.boards.ie/discussion/comment/120810795#Comment_120810795

So is this in a rural area? Sorry, but if so the min. building line is 15m from the centre line of the road and not 11 as I previously stated although established building lines are accepted at times.. I cant say for sure but a cabin type structure is very unlikely to get passed. On top of that the site doesn't look very big.

FJMC

There are various planning policies that will apply with restrictions on holiday accommodation and new dwellings subject to location, etc.

You will need to do a lot of background reading or speak to an architect, engineer, planner, etc. on your specific site and specific proposals.

Your equivalent building permit functions are effectively provided by an architect, engineer, or surveyor - with submission to your local Building Control, and in all likelihood, inspecting the works at appropriate stages, ensuring compliance with building regulations and providing certification - but a lot of hurdles to overcome before you are anywhere near that stage in the process.

F

Lefty2Guns

Planning Question.

What are your options regarding protesting/rejecting against a planning application that has exceeded the 5 week time frame.

The landowner pulled a fast one as far as I'm concerned. There had been a planning application on the wall of the property for over 5 years, this was swapped out either late at night or early morning with a new planning application and the residents in the area only noticed it over the last few days. The time frame has expired by about 4 weeks.

The landowner is trying to build a 4 story block of apartments between neighboring 2 story houses.

muffler

You can't make a submission now and if a decision had been made on the application you can't appeal it either. Is there any way you can prove that the old site notice was never removed after the previous application had been dealt with?

Lefty2Guns

No, unfortunately not. It was 100% done this way, one of the neighbors only recently bought a house right beside the site and the apartment block will clearly block out sunshine aswell as the balcony's overlooking his back garden.

There has been some objections from the planning authority so the project has not been given the green light.

muffler

https://www.boards.ie/discussion/comment/120980205#Comment_120980205

You will have to rely on the other objections and the thoroughness of the planners when they assess the application.

Lefty2Guns

https://www.boards.ie/discussion/comment/120981308#Comment_120981308

Thats the thing. Nobody on the road was aware that the Planning Application was updated from what had sat there for 5+ years or so.

I have been onto An Bord Planela and they have sent me some documents and it looks like there may be a window of opportunity when permission is granted, its a 4 week window to appeal.

muffler

https://www.boards.ie/discussion/comment/120981354#Comment_120981354

Yes, but you can only appeal to ABP if you had a valid submission lodged with the planning authority.

sydthebeat

https://www.boards.ie/discussion/comment/120981354#Comment_120981354

the ONLY way now you have to appeal is to apply to ABP for 'leave to appeal' after the decision is made, but teh conditions under which they will grant this are very very strict.

https://www.pleanala.ie/en-ie/leave-to-appeal

Leave to appeal is a process where, if you are a person with an interest in adjoining land, you can ask the Board to give you permission to make an appeal when all of the four following reasons apply:

1. You did not make a submission to the planning authority on a planning application.
2. The planning authority has granted permission to that planning application. In the grant of permission, the planning authority has attached a condition or conditions that will change part of the proposed development from what was originally proposed in the planning application.
3. Due to the condition or conditions now attached to the grant of permission, the proposed development will impact land which:
   1. you have an interest in; and
   2. is adjoining (next to or joined with) the proposed development site
4. The impact is that it may:
   1. affect your enjoyment of the land you have an interest in, or
   2. reduce the value of the land you have an interest in, or
   3. both affect your enjoyment of the land and reduce its value.

The Board can only grant the Leave to Appeal application where you have shown all of the four things above.

A large number of Leave to Appeal applications fail because the person applying for leave to appeal cannot show that they meet all the requirements.

rayjdav

If the application has not been determined by the LA, and that at FI stage they request what is deemed to be Significant Further Information, once the reply has gone in you can then submit an observation within a 2 week period, as stated in the readvertised notices, on payment of the €20 fee. This is the best chance to get on board the system as Leave to Appeal is very hard to tick all the above boxes and can be very expensive.

GoingLinux

Does anyone in the Fingal County Council area know from recent experience how much time elapse between a person reporting unauthorized development and the issuing of a first warning letter please? Would it be weeks, months,a year etc?

D_M_A

Hi all, would anybody have a relatively up to date idea of the expected wait time for a pre-planning meeting with Dublin City Council once applied for?

Thanks

timbucktwo1988

Hi , this is a strange one , but my neighbour applied for planning permission in his wife's name to build a house in the field next door which they own. The house has started and it is common knowledge that the couple sold the site to a man who isn't from the area for cash and their plan is to sign it over to him when the house is built. Is this aloud ? I did not want to object as I only heard this information after planning was granted but the person he is selling it to is bad news and has been in prison for SA a member of his family. Any advice appreciated as I have young kids and I am a little uncomfortable about the idea of him living beside us.

muffler

https://www.boards.ie/discussion/comment/121695294#Comment_121695294

Not that strange. Go online and check the conditions attached to the planning permission and if it's in a rural location there should be an occupancy clause which restricts or limits the type of people who can reside there eg. People from the rural area, people with work connections to the area etc etc. If anyone other than the person who was granted permission or anyone who would be entitled to benefit from a permission in their own right occupies the house then there is a breach of said permission. If that were the case you would be entitled to report the matter to the enforcement section of the planning dept. Just make sure you have all your facts correct before going down that road.

timbucktwo1988

https://www.boards.ie/discussion/comment/121695584#Comment_121695584

Thank you for your reply. This is on the online application as conditions. Does this mean I could still object even tho the block work is completed on the house

muffler

You can't object to the actual planning application now but you can report any non compliance to the council. But at this stage you only have hearsay to go on so you will have to wait and see who occupies the house when completed. Even then you would have to show evidence that the occupier has no roots or connection to the area.

BorneTobyWilde

How does one replace all building plans, that a builder took, and won't give back

DOCARCH

https://www.boards.ie/discussion/comment/121732189#Comment_121732189

Who prepared the plans? Did they prepare them for you? And, why won't builder give them back?

BorneTobyWilde

https://www.boards.ie/discussion/comment/121732345#Comment_121732345

Architect prepared them, no link to builder whatsoever. I have no idea why he won't give hem back, everyday for the last 6 months he is giving them back, '' they're in the post'' '' I'll drop them to you tomorrow'' '' I'll leave them in the local Petrol Station for you to pickup'' bla bla bla, going on 6-7 months now.

DOCARCH

https://www.boards.ie/discussion/comment/121732377#Comment_121732377

Can you not ask the architect for a copy, or pdfs of drawings, so you can get a replacement set of drawings printed?

Mellor

https://www.boards.ie/discussion/comment/121732377#Comment_121732377

The architect should send you a copy without issue. I wouldn’t bother with the builder. I doubt he still has them

BorneTobyWilde

https://www.boards.ie/discussion/comment/121732636#Comment_121732636

Hmmm I dunno. Would he have them, it's a commercial type building with associated ground works, interceptor tank etc , not a home. I'll have to ask, but I hate asking as I should not have too.

Mellor

https://www.boards.ie/discussion/comment/121734229#Comment_121734229

If the architect did the drawings. He would have them. I’m not sure why you think he might not.

For clarity, you're the owner and hired the architect?

BorneTobyWilde

https://www.boards.ie/discussion/comment/121733643#Comment_121733643

Yep, he should never have got the plans, long story short, it was a Nephew who gave them as it was a case of '' oh I know someone who could do this '' , he came out to site, seemed to be a decent guy, who was suppose to get back with a quote and plans in a week, and I've never seen him since, and to top it off Nephew doesn't even know his last name or business details, all I have is a number, and he won't answer calls, but gets back via messages, and it's always , tomorrow that he's drop quote and plans, going on 6 months or more.

BorneTobyWilde

https://www.boards.ie/discussion/comment/121734246#Comment_121734246

Yes x 2

muffler

https://www.boards.ie/discussion/comment/121734229#Comment_121734229

Unless you owe money to the architect there wouldn't be any problem in getting another couple of sets. You might be charged a fee quid for the copies of they have to print them but getting a pdf should be free.

AndrewJRenko

https://www.boards.ie/discussion/comment/121312246#Comment_121312246

Don't think it's possible to set a general rule. It would all depend on the nature of the case, what kind of inspections they might have to do, the complexity or otherwise of the breach - whether legal advice is required.

If it's more than a couple of months, you could certainly chase them up.