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Two concurrent planning apps on one site?

  • 19-02-2009 12:21pm
    #1
    Closed Accounts Posts: 2,379 ✭✭✭


    Hi,

    Can anyone tell me is is possible to run two seperate planning applications concurrently on the same site?

    There are two seperate issues for retention but I am worried that if one will be refused, the other less serious issue will also be refused

    It's something I haven't come across before.


Comments

  • Closed Accounts Posts: 379 ✭✭pseudo-tech


    jimbo78 wrote: »
    Hi,

    Can anyone tell me is is possible to run two seperate planning applications concurrently on the same site?

    There are two seperate issues for retention but I am worried that if one will be refused, the other less serious issue will also be refused

    It's something I haven't come across before.
    I have taken this approach on many applications, where you would apply for retention permission for X together with permission for Y. Decisions varied, where the local authority may grant or refuse both and in some instances they have granted one and refused the other.


  • Registered Users, Registered Users 2 Posts: 597 ✭✭✭Supertech


    It can be done Jimbo, but you're probably better off talking to the LA first. If they refuse retention for the more serious issue they may decide to take enforcement proceedings in which case, it's unlikely they'll grant retention for the other application.

    You also have the added expense of 2 sets of maps, 2 adverts, 2 site notices, etc. etc. and in addition if it's something that you're going to end up certifying you'll have 2 permissions and 2 sets of conditions to refer to in your certs which only serves to complicate everything.

    I'd be more inclined to put the whole lot in together on one application.


  • Closed Accounts Posts: 379 ✭✭pseudo-tech


    Supertech wrote: »
    It can be done Jimbo, but you're probably better off talking to the LA first. If they refuse retention for the more serious issue they may decide to take enforcement proceedings in which case, it's unlikely they'll grant retention for the other application.

    You also have the added expense of 2 sets of maps, 2 adverts, 2 site notices, etc. etc. and in addition if it's something that you're going to end up certifying you'll have 2 permissions and 2 sets of conditions to refer to in your certs which only serves to complicate everything.

    I'd be more inclined to put the whole lot in together on one application.
    I don't think he can make two seperate applications because if there are unauthorised works pertaining to the project the Local Authority will not accept an application for some and not the others. I'm sure they will instruct you to clean up ALL the breaches in planning together. However, Supertech is correct in telling you to 'talk to the local authority' first. They will generally give you guidance on what way they see it.


  • Closed Accounts Posts: 2,379 ✭✭✭Jimbo


    I don't think he can make two seperate applications because if there are unauthorised works pertaining to the project the Local Authority will not accept an application for some and not the others. I'm sure they will instruct you to clean up ALL the breaches in planning together. However, Supertech is correct in telling you to 'talk to the local authority' first. They will generally give you guidance on what way they see it.

    There were seperate warnings issued by the council with different reference numbers, however they all apply to the same site but not the same building.
    One of the issues is very serious and IMO likely to be refused and ordered to be demolished.
    The other issue isn't as serious and I'm just worried about putting all of the clients eggs in one basket.
    I know it is possible in a regualar planning for permission for one aspect in the plannings description to be rejected while still granting the overall planning.
    I'm just not sure it is possible for retention applications.


  • Closed Accounts Posts: 379 ✭✭pseudo-tech


    jimbo78 wrote: »
    There were seperate warnings issued by the council with different reference numbers, however they all apply to the same site but not the same building.
    Are we talking about a domestic or commercial situation. If it's domestic and it's evident that both form part of the same site, I think you will have to deal with both together. If however, you can represent the site as two seperate sites (maybe possible in a commercial situation) than, you could possibly seperate them.


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  • Closed Accounts Posts: 2,379 ✭✭✭Jimbo


    Domestic situation.

    I'm thinking I might just have to keep it all together and hope for the best.


    It could get complicated otherwise.


  • Registered Users, Registered Users 2 Posts: 597 ✭✭✭Supertech


    If you have warning notices referring to 2 different structures Jimbo you may well have to respond with 2 seperate applications, but I'd still talk to the enforcement section first - if you've received a warning notice you're already on a timescale, and you need to comply with that legally in case it goes to court.


  • Closed Accounts Posts: 379 ✭✭pseudo-tech


    Supertech wrote: »
    If you have warning notices referring to 2 different structures Jimbo you may well have to respond with 2 seperate applications, but I'd still talk to the enforcement section first - if you've received a warning notice you're already on a timescale, and you need to comply with that legally in case it goes to court.

    You just need to remember that the Local Authority cannot deal with a planning application if there is an unauthorised development on site. Therefore the relationship between the two structures need some explanation.

    Remember, the Local Authority can still prosicute your client even if you have an active planning application. As supertech suggested it is good to open a line of communication with the Local Authority.


  • Subscribers Posts: 42,569 ✭✭✭✭sydthebeat


    why not show two different sites??


  • Closed Accounts Posts: 2,379 ✭✭✭Jimbo


    Supertech wrote: »
    If you have warning notices referring to 2 different structures Jimbo you may well have to respond with 2 seperate applications, but I'd still talk to the enforcement section first - if you've received a warning notice you're already on a timescale, and you need to comply with that legally in case it goes to court.

    I don't think so. They are all part of the same development - I think two notices were issued to allow us deal with them seperatly if we wish. I might be wrong but I would imagine once we deal with the issues, it dosen't matter to the enforcement officer.
    You just need to remember that the Local Authority cannot deal with a planning application if there is an unauthorised development on site. Therefore the relationship between the two structures need some explanation.

    Remember, the Local Authority can still prosicute your client even if you have an active planning application. As supertech suggested it is good to open a line of communication with the Local Authority.
    True. Which would make it so much easier to just have one application
    sydthebeat wrote: »
    why not show two different sites??
    There's too much common area between the two, it would become very messy.


    I think I better have a chat with my local friendly enforcement officer before I submit as suggested.


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