Planning issues - post them here MOD WARNING post #1

vixdname

Hi all, Long story short:

Farmer builds large agri shed
He also applies for planning permission to build a new mini farm attraction up his land away from the shed.
The planning permission applied for states that while the new mini farm is being constructed, the large agri shed will be only used as a reception and toilet facility and once the main mini farm is built this agri shed will return to being staff toilet and storage only.
Farmer never builds new mini farm but now uses this agri shed a his main commercial premises holding music events, parties and other activities and never reverts it back to what its planning permission granted.
Is this farmer in breach of his permission and can these activities be stopped ???? Permission was granted in 2008

Would like to know what you guys and gals think ? Thanks a mil.

BryanF

Report to LA

wait and see

Angry bird

Planning permission required which he does not have. Send a written complaint to the council planning enforcement section. Result, he has to cease the unauthorised use or obtain planning permission for it.

kidsbo

Planning Permission - Local Authority House

Does anyone know from what year Local Authority housing required planning permission. I understand there was a period after the introduction of the 1963 Planning Act during which permission was not required for Local Authority housing.

Poor Uncle Tom

kidsbo wrote: »

Planning Permission - Local Authority House

Does anyone know from what year Local Authority housing required planning permission. I understand there was a period after the introduction of the 1963 Planning Act during which permission was not required for Local Authority housing.

From March 2002 (if my memory serves me properly) but it's not a 'normal' planning application when a Local Authority is doing it for it's own housing. It is normally done under a Part 8 application, process as follows:

A site notice is put up at the site and a newspaper advertisement is placed in an appropriate newspaper. Plans and particulars are put on public display for 6 weeks and public submissions for a period of 2 weeks after the display period. Following receipt of submissions, the Chief Executive prepares a report recommending whether or not the proposal should proceed. A Part 8 report is then sent to the Planning and Development Department who must issue a decision within 2 weeks.

The Part 8 report is then brought to Planning Committee to agree the proposal at local level. The Chief Executive then issues approval for Part 8 development. The council must issue a decision on the Part 8 development application within 6 weeks of Chief Executive approval of the Part 8 application. The application must be passed by the full council.

It is also worth noting that under Part 8 there is no appeal process to An Bord Pleanala.

kidsbo

Brilliant - thanks

GenuineFan

My son has applied for planning permission. The council have looked for further information. He had a meeting with the council and they mentioned a Section 47 on an adjoining piece of land. This adjoining piece of land is in my name and is way too small to build a house on. It does have road frontage but the land at the rear is owned by a farmer and has nothing to do with us. The piece of land we own is long and narrow with road frontage. My son had to buy a piece of land off the farmer in order to make a site. The Council are now saying we either sign a Section 47 on a small piece of land that nobody can build on (because it is too small), or resubmit planning application incorporating this piece in my son's site. Can they put a clause in my son's planning permission (if he gets it) that he is restricted to what he can do with the extra piece of land?

Poor Uncle Tom

GenuineFan wrote: »

My son has applied for planning permission. The council have looked for further information. He had a meeting with the council and they mentioned a Section 47 on an adjoining piece of land. This adjoining piece of land is in my name and is way too small to build a house on. It does have road frontage but the land at the rear is owned by a farmer and has nothing to do with us. The piece of land we own is long and narrow with road frontage. My son had to buy a piece of land off the farmer in order to make a site. The Council are now saying we either sign a Section 47 on a small piece of land that nobody can build on (because it is too small), or resubmit planning application incorporating this piece in my son's site. Can they put a clause in my son's planning permission (if he gets it) that he is restricted to what he can do with the extra piece of land?

What is to stop you getting a piece of ground from the farmer at the rear and adding it to your piece of ground to make a site?

It is obvious that that's the scenario the LA are trying to stop. The LA can put a requirement for a Section 47 as a condition of a planning permission. They can also refuse a planning application.

Metric Tensor

Why do you want to avoid signing the section 47 for this piece of land?

The only reason would be if you saw some way it might get build on or benefit you to be built on in future.

This is what the council are trying to stop.

Angry bird

Simple enough, sign it or include the portion of land within the site, with farmers permission, which would constitute significant further information and will need to eb re-advertised. Easier to sign the thing, you don't own the piece of land anyway.

summereire

Hiya, I am trying to understand if planning permission or retention is more appropriate for a mobile building that has been in place for the past few decades but which we have recently been told does not have planning permission (it was placed by the previous owner and we thought it did).

Presumably if we leave it in place then retention is correct? What though if we want to move it to a different part of the property, is that then retention or planning?

One other related question- is it possible to submit more than one planning or retention application at the same time? I.e. if we are still trying to decide which configuration to go with can we apply for multiple versions, to get the process underway while we research, and then go with the one that works best?

Thanks!

BryanF

summereire wrote: »

1. Hiya, I am trying to understand if planning permission or retention is more appropriate for a mobile building that has been in place for the past few decades but which we have recently been told does not have planning permission (it was placed by the previous owner and we thought it did).

2. Presumably if we leave it in place then retention is correct?

3. What though if we want to move it to a different part of the property, is that then retention or planning?

4. One other related question- is it possible to submit more than one planning or retention application at the same time? I.e.

5. if we are still trying to decide which configuration to go with can we apply for multiple versions, to get the process underway while we research, and then go with the one that works best?

Thanks!

1. Retention
2. Yes
3. Planning
4. Yes
5. Yes but that's typically what your arch/planning advisor will tease out in advance of any application

summereire

Thanks, I appreciate that. If we are making multiple applications are they literally just the same planning or retention process repeated, i.e. more than one notice placed etc as if they were separate applications, rather than a single combined application?

Also does each application need to holistic and specify what happens in the rest of the property- i.e. if we show the building new located at the new point X on the planning application should we also indicate that it is no longer at point Y?

BryanF wrote: »

1. Retention
2. Yes
3. Planning
4. Yes
5. Yes but that's typically what your arch/planning advisor will tease out in advance of any application

BryanF

summereire wrote: »

Thanks, I appreciate that

1. If we are making multiple applications are they literally just the same planning or retention process repeated, i.e.

2. more than one notice placed etc as if they were separate applications, rather than a single combined application?

3. Also does each application need to holistic and specify what happens in the rest of the property- i.e.
4. if we show the building new located at the new point X on the planning application should we also indicate that it is no longer at point Y?

This is a pointless conversation and one best had with whoever you engage to solve your specific planning requirements

1. They are separate submissions of all relevant info
2. 2nd notice will be a different colour
3. Yes
4. Yes

Brois

Hello,

Wondering if anyone here could help me understand the planning laws and an application.

Looking for a change of use for an industrial Unit in Co.Kerry.

At first it appeared the unit was zoned as "Retail" use, but now it seems the place is zoned as "Wholesale Industrial".

We are looking to change the use to a gym. Anyone see any potential issues with a change of use from this Wholesale Industrial to a gym? Seems there would have been no issues if unit was retail, but could be some snags if its wholesale...
Any advice is welcome thanks!

kidsbo

Planning Advice - Significant Further Information

Can anybody help me with this:

How long does the Council have to respond to submission of a response to a Request For Significant Further Information? I thought it was 4 weeks but the Council say 8 because the response included an NIS.

Angry bird

Have the Council said what section or the act or article of the regs that says 8 weeks re NIS?

sydthebeat

kidsbo wrote: »

Planning Advice - Significant Further Information

Can anybody help me with this:

How long does the Council have to respond to submission of a response to a Request For Significant Further Information? I thought it was 4 weeks but the Council say 8 because the response included an NIS.

probably because they will request a readvertising under "significant further information" so the likely timescale from the submission of Further information to decision would be approx 8 weeks.

Angry bird

It's the NIS that triggers the 8 weeks, have come across it before but couldn't find where it says that when I had a quick look.

kidsbo

The Council requested Significant Further Information in the form of an NIS. On submission of the NIS the Council stated that they had 8 weeks (rather than the usual 4 weeks) to consider the NIS. Firstly, are they correct in that regard?

Having considered the NIS the Council then issued another request for Further Information. Their letter clearly states that this is not a Request For Clarification but a whole new Request For Further Information. Their position is that the submission of Significant Further Information rendered the application a fresh application. This doesn't seem right to me. Also the new request for Further Information raises issues not raised in the initial request for Further Significant Information and not related to the NIS that was submitted. I think the Council has erred. Can anyone advise?

Angry bird

Seems odd alright but preferable to a refusal.

VonVix

Hopefully this is the right place to post. Myself and my other half are hoping to move to a detached house with roughly 0.5 acres. Will we need planning permission when it comes to building a fenced in area within our property? The fencing is mainly for secure containment of our dogs to keep them safe when they want to run about or play, specifically one in particular who is a large athletic breed. We would hope for something 5ft tall roughly speaking. We haven't thought into how the fencing will be built to ensure secure containment, however.

It's our first time ever considering doing something like this, so please excuse me if I have left out important information.

lawred2

VonVix wrote: »

Hopefully this is the right place to post. Myself and my other half are hoping to move to a detached house with roughly 0.5 acres. Will we need planning permission when it comes to building a fenced in area within our property? The fencing is mainly for secure containment of our dogs to keep them safe when they want to run about or play, specifically one in particular who is a large athletic breed. We would hope for something 5ft tall roughly speaking. We haven't thought into how the fencing will be built to ensure secure containment, however.

It's our first time ever considering doing something like this, so please excuse me if I have left out important information.

I'd doubt it. Fencing could hardly be classed as a permanent structure.

VonVix

lawred2 wrote: »

I'd doubt it. Fencing could hardly be classed as a permanent structure.

Even if it was something as "heavy duty" like this? http://www.outdoordecorcentral.com/wp-content/uploads/2015/10/garden-fencing-3.jpg

Rather than something like this?

lawred2

VonVix wrote: »

Even if it was something as "heavy duty" like this? http://www.outdoordecorcentral.com/wp-content/uploads/2015/10/garden-fencing-3.jpg

Rather than something like this?

It still wouldn't take long to decommission a garden fence...

It's not a permanent structure

lillycakes2

Does anyone know, does the planning authority still accept land sterilization? (when looking for planning in the case of an area /piece of land within a ribbon development area).
I am looking for planning permission in an area of ribbon development, but because of new policy regulations regarding "gap site" in my county development plan, I may have a chance of building where i want to as i fit all the other criteria etc.
The Gap site, however is 2 acres, So i am hoping they will still agree that this is a gap site , or perhaps, i wonder would they look at allowing me my site in the piece of land i want along with a sterilization agreement on the other acre of the field. I want to build beside my family home, but the space between the my family house and the next neighbors house is 2 acres. Has anyone any knowledge on this kind of thing ?

I feel like i will be old and grey by the time i ever get planning !!

sydthebeat

lillycakes2 wrote: »

Does anyone know, does the planning authority still accept land sterilization? (when looking for planning in the case of an area /piece of land within a ribbon development area).
I am looking for planning permission in an area of ribbon development, but because of new policy regulations regarding "gap site" in my county development plan, I may have a chance of building where i want to as i fit all the other criteria etc.
The Gap site, however is 2 acres, So i am hoping they will still agree that this is a gap site , or perhaps, i wonder would they look at allowing me my site in the piece of land i want along with a sterilization agreement on the other acre of the field. I want to build beside my family home, but the space between the my family house and the next neighbors house is 2 acres. Has anyone any knowledge on this kind of thing ?

I feel like i will be old and grey by the time i ever get planning !!

why dont you just make the site the whole 2 acres?

if its family farming land, just fence off what you want and allow the rest to be farmed

lillycakes2

My first cousin owns the land and said he would give me what i need to satisfy council. Would it satisfy them if i bought the 2 acres - which would then be a gap site i wonder??Or else we were going to look at the option of going for one acre and get the other acre sterilized ??

thank you for replying !!!

lillycakes2

Any views/replies on my query would be hugely appreciated !!

Angry bird

Potential to create an infill site, and another dwelling or maybe more. Depends on what's there already. I would seek a pre-planning meeting with the local planner, there should be info on the Council website, planning section re this.