Help required regarding planning legislation enforcement.

Trotter

Having run this query by Muffler, can I just say first of all that I'm looking for help/advice in relation to the planning legislation relating to this query only and how it is enforced to protect someone. I don't want to encourage anyone to post up anything along the lines of seeking to take people to court etc.

What options are out there for someone who's neighbour builds a huge free standing garage centimetres from the 3m boundary wall, and roof apex 4m taller than the wall? Its well over the square meterage allowed in published guidelines.

Bearing in mind, no application for permission or retention was entered, and the council gave over 6 weeks to apply for retention, 8 weeks to take it down, and is now giving more time for a retention application, with all written warnings having elapsed and been ignored.

Main Q is I suppose, what to do when council is giving unenforced warnings and extra time, all the time.. which is being ignored.

Bord Pleanala arent interested because there is no planning decision to appeal because none was looked for before the building was put up.


Any general advice welcome.

pseudo-tech

Trotter,

Firstly, enforcement procedures can run concurrently with a retention application (and should). From what you are saying it looks like the Council are not keen to push the enforcement side hoping the person will apply for Planning Permission. If they grant permission the problem will go away.

If they are dragging their heals on this matter you can notify the ombudsman and his office will contact the Council directly. I can assure you from previous experience that once the Ombudsman's office gets involved you will find a more receptive Local Authority!

Trotter

pseudo-tech wrote: »

Trotter,

Firstly, enforcement procedures can run concurrently with a retention application (and should). From what you are saying it looks like the Council are not keen to push the enforcement side hoping the person will apply for Planning Permission. If they grant permission the problem will go away.

If they are dragging their heals on this matter you can notify the ombudsman and his office will contact the Council directly. I can assure you from previous experience that once the Ombudsman's office gets involved you will find a more receptive Local Authority!

Interesting. In this case I can see that the structure is way way beyond the existing limits set by the council so I don't see how giving permission is an option.. but thats neither here nor there, its their decision. (Not that their decisions seem to matter in this case up to now).

I hadn't considered the ombudsman at all. Is there a specific planning ombudsman?

muffler

pseudo-tech wrote: »

Trotter,

Firstly, enforcement procedures can run concurrently with a retention application (and should). From what you are saying it looks like the Council are not keen to push the enforcement side hoping the person will apply for Planning Permission. If they grant permission the problem will go away.

If they are dragging their heals on this matter you can notify the ombudsman and his office will contact the Council directly. I can assure you from previous experience that once the Ombudsman's office gets involved you will find a more receptive Local Authority!

+1. Good advice. Ombudsmans office can be found here

Before going down the road of making contact with the ombudsmans office Id write a letter to the planning dept. asking for an update on the situation regarding the unauthorised development you refer to.

If and when an application for retention permission is submitted you will then naturally have the right to lodge your objections.

Trotter

muffler wrote: »

If and when an application for retention permission is submitted you will then naturally have the right to lodge your objections.

That would move the situation on at least. What worries me though, is that the council have brought the situation to the point where they've issued a final ultimatum, and when the time ran out for it to be removed, they backed off and have given more time for a retention application.

What that tells me is if having knocked the builder on a retention application, will he be treated with as much flexibilty? A decision has been taken that the structure has to come down. Yet they've backtracked again. Its the backtracking after decisions have been put in writing that is so frustrating.

Basically I fear objections in this case as fruitless and pointless as the ultimatums from the council that say the next step is out of their hands.

gman2k

I would advise you to retain the services of a planning consultant for this case. A good one will be able to push the right buttons. PM me if you want a name of one.

At the very least, as posted above, send registered letters to the planning dept outlining your concerns at their lack of action/ failing to carry out their statutory duties. I would cc these letters to the director of planning/development and corporate affairs also (if your Local Authority has one).
I previously had incredible inaction with Dun Laoghaire Rathdown on a planning related issue, and it wasn't until I cc'ed the County Manager in on the correspondance did I get a response. It's helpful to quote their mission statement/ customer charter back to them at this stage.

I would give them a time frame to respond and also request a meeting with the planner responsible for the area. Do not allow them to fob you off.

If you get a meeting, it would be helpful obviously to have a photo record of the unauthorised development, and a site plan and other drawings that may help.

Some local Authorities have dreadful record of dealing/responding with the Ombudsman - Kildare County Council were named and shamed in one of their previous reports.
If you are getting inaction, I would mention 'Ombudsman' in correspondance with Corporate Affairs.
Also, ask them if they have a liaison officer for dealing with the Ombudsman office, so you can cc them on correspondance.

sinnerboy

Watch out for the site notice when/if a retention application is made . Make your formal objection during the 5 week period . IF the LA grant permission you will be able to appeal to ABP . ( If you make no objection during this 5 week period - you can not appeal )

Take some comfort in that the LA are aware of the structure and that it has the status of un authorised development and that action has been taken within the time limits for enforcement .

At the very least this will delay or even cause to collapse an attempt to sell or re mortgage the property