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Planning Site Notice

  • 06-07-2008 9:59am
    #1
    Closed Accounts Posts: 9


    Planning Site Notice. Would a planning application be valid if it stated that you were seeking permission to extend a 'previously approved sructure'.
    This 'recently constructed structure' 2 years old would have have required a permission but no permission was sought. My Arch advised not to mention that it was unauthorized, But now I wonder ! So far the application has not been invalidated, if PP is granted would it be a valid permission and what would the status of 'recently constructed structure' if I wanted to sell.
    Sorry this is a hard one, which I find difficult to get an answer.
    Has any one of you come across this situation, or know of any reference I might look up.


Comments

  • Registered Users, Registered Users 2 Posts: 35,522 ✭✭✭✭Gordon


    Moved from Helpdesk. Sorry if this is the wrong forum, I have no idea what the OP is talking about.


  • Registered Users, Registered Users 2 Posts: 46,718 ✭✭✭✭muffler


    qed123 wrote: »
    Planning Site Notice. Would a planning application be valid if it stated that you were seeking permission to extend a 'previously approved sructure'.
    This 'recently constructed structure' 2 years old would have have required a permission but no permission was sought. My Arch advised not to mention that it was unauthorized, But now I wonder ! So far the application has not been invalidated, if PP is granted would it be a valid permission and what would the status of 'recently constructed structure' if I wanted to sell.
    Sorry this is a hard one, which I find difficult to get an answer.
    Has any one of you come across this situation, or know of any reference I might look up.
    If the existing structure is unauthorised then any application for an extension of same will most likely be invalidated and can take up to 5 weeks depending on various issues. You got very bad advice from your architect.

    Im not going to speculate and prefer to state facts based on the info provided. Should you go to sell at a later date then any unauthorised building may become an issue at that time.

    Just bear in mind (and for the benefit of anyone else wishing to comment) we don't allow any discussion here on the flaunting of the planning regulations.


  • Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    qed123 wrote: »
    Planning Site Notice. Would a planning application be valid if it stated that you were seeking permission to extend a 'previously approved sructure'.
    This 'recently constructed structure' 2 years old would have have required a permission but no permission was sought. My Arch advised not to mention that it was unauthorized, But now I wonder ! So far the application has not been invalidated, if PP is granted would it be a valid permission and what would the status of 'recently constructed structure' if I wanted to sell.
    Sorry this is a hard one, which I find difficult to get an answer.
    Has any one of you come across this situation, or know of any reference I might look up.

    The statement 'previously approved structure' doesnt really mean anything as it could have passed approval of anybody not the planning authority, generally the statement should go 'previously granted planning permission under reference......etc.,'

    Building ANY structure which requires planning permission without the benefit of same is likely to end in a world of hurt for someone. It is worth remembering that it is always better to approach the planning authority with a retentative planning application rather than having the planning authority approach you with a warning letter of an enforcement notice, which generally ends in tears.

    It appears you got some bad advice from your architect.

    If planning permission goes through the procedures and is granted then it becomes a legal document and is valid for the specified period, for the works described EXTENSION, it does not cover the original structure, which remains unauthorised.

    It is likely the planning officer, during their site visit, will notice the existing structure as being unauthorised unless the existing building has a footpring identical to a previous structure on the site which would have been shown on the OS maps.

    Finally, to sell you will most likely need a Certificate Of Compliance with planning permission(s) and building regulations which you will most likely not be able to obtain, or it would be heavily qualified.


  • Registered Users, Registered Users 2 Posts: 40,232 ✭✭✭✭Mellor


    I'd say that will notice the existing and contact you.
    This may not or may not invalidate the current app.
    I seen a case recently were an extension was applied for and one of the conditions was that the applicant had to apply for retention for the kerb dishing (turns out they didnt as the council had done the work themselves)

    Noy mentioning it is bad imo, best to be open. As they will be aware of this. Also, even if the structure is the same a a previous one, it will clearly look newer,


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