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Planning retenion + they're still working on it.

  • 07-07-2009 3:35pm
    #1
    KoNiT
    Registered Users, Registered Users 2 Posts: 577 ✭✭✭


    House beside us has filed for retention, they've put a lot of windows overlooking our side & we've filed against the application.

    Problem is, they're continuing to work on the house while a decision is to be reached by the council as what to do. Council have asked for an extension on the house application till October.

    At the rate they are working on the house, they should be moved into the house in September and that stage nobody will be able to do anything....

    What can we do??? We've complained to the Council about operatives working there..


Comments

  • #2
    sinnerboy
    Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    complain in writing to the enforcement department


  • #3
    sydthebeat
    Subscribers Posts: 42,569 ✭✭✭✭sydthebeat


    i may be wrong and open to correction,

    but if the neighbours applied for retention of the opening, does that meant they still are allowed to operate on the initial planning permission and continue working....

    or does all work on site have to stop if ANY application is made?

    Im not sure of the legislation on this one...


  • #4
    Jimbo
    Closed Accounts Posts: 2,379 ✭✭✭Jimbo


    My understanding is that they shouldn't work any further on the aspect of the works that they are applying for retention on. But they can do works elsewhere where they have got permission to do so.

    If they do do further work on what they are applying for retention, the only way to stop them is for enforcement proceedings to be issued by the council. Enforcement proceedings can be issued during an application for retention.
    So you need to advise the enforcement depatment if this is the case.


  • #5
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    + 1 jimbo, but a lot of the time the Enforcement Department is just a subsidiary of the Planning Department and is seen as being counter productive to issue proceedings of enforcement if a planning decision is likely to be favourable towards a retention application, or if/until a file has been judged.


  • #6
    muffler
    Registered Users, Registered Users 2 Posts: 46,713 ✭✭✭✭muffler


    Jimbo wrote: »
    My understanding is that they shouldn't work any further on the aspect of the works that they are applying for retention on. But they can do works elsewhere where they have got permission to do so.
    That would about sum it up.


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