Certificate of compliance

Blowheads

Hi All,
We have applied for planning on a garage, when the planner came out he now says that the entrance to our site is in the incorrect place (centered instead of to one side) and that this may prohibit the planning on the garage. We have a certificate of compliance from the original vendors engineer. What are our options as we planned to commence building in October.

Regards,
Paul

archtech

Firstly I would

1. Review or have reviewed for you the original planning file to see where the entrance was proposed.
2. Review the Certificate of Compliance to see if there were any conditions/qualifications attached regarding the entrance.

You may end up having to apply for retention permission for the entrance or having to relocate it to the permitted location, if an application was unsuccessful, in terms of item 1 above, assuming it is in the wrong position.

Depending on the content of Certificate of Compliance, you could be looking at recouping the costs incurred in getting the entrance in order from either the solicitor or the author of the Certificate of Compliance.

No6

archtech wrote: »

Firstly I would

1. Review or have reviewed for you the original planning file to see where the entrance was proposed.
2. Review the Certificate of Compliance to see if there were any conditions/qualifications attached regarding the entrance.

You may end up having to apply for retention permission for the entrance or having to relocate it to the permitted location, if an application was unsuccessful, in terms of item 1 above, assuming it is in the wrong position.

Depending on the content of Certificate of Compliance, you could be looking at recouping the costs incurred in getting the entrance in order from either the solicitor or the author of the Certificate of Compliance.

For the cost of applying for retention on the entrance in its current position I wouldn't think it would be worthwhile attemping to persue anybody for them, after it will be substantial compliance, not cast iron compliance. Planners are at the moment practily unemployed and are doing everything in their power to make work for themselves including looking for retention applications for minor items such as this.

De.Lite.Touch

finneranpaul wrote: »

Hi All,
We have applied for planning on a garage, when the planner came out he now says that the entrance to our site is in the incorrect place (centered instead of to one side) and that this may prohibit the planning on the garage. We have a certificate of compliance from the original vendors engineer. What are our options as we planned to commence building in October.

Regards,
Paul

Strictly speaking the planner is correct, but the position of the entrance shouldn't "prohibit the planning" - that sounds a bit heavy.

• Unless it makes the entrance unsafe in some way, like moving it towards a bad bend or whatever, reducing the signtline distances coming out.
• Unless you're in the middle of a listed view and it looks terrible.
• Unless the geometry and not just the location is wrong.

Its possible you could negotiate your way out of this by undertaking either to re-advertise to include retention for the revised entrance following a carefully worded Additional Information Request - or - simply lodge a sister application seekign retention for the revised entrance location if the planner agrees with this.

I agree with No. 6 that the planners have more time on their hands now, but this is the kind of stickler thing that you used get even during the busy years, and it may work out quicker, cheaper and easier to negotiate and agree than fight an appeal in the Apeals Board.

I also agree with him that the cost of revision and agreement might be preferable, but you could inquire whether or not the engineer might like to contribute to the discussion by engaging with the Roads Section on your behalf for free, to persuade the planner that the current position is acceptable in principle if you decide to lodge for retention.

De.Lite.Touch

sydthebeat

De.Lite.Touch wrote: »

• Unless you're in the middle of a listed view and it looks terrible.

i really dont what to pull this off topic.. but what exactly are you referring to here de.lite.touch??? i have never heard of a "listed view" before???

are you referring to SAC's?

No6

sydthebeat wrote: »

i really dont what to pull this off topic.. but what exactly are you referring to here de.lite.touch??? i have never heard of a "listed view" before???

are you referring to SAC's?

Here in Mayo we have senic views which are in the Co Development plan you can build on one side but not on the side with the view, I thnik thats what he means, its unlikey that even the planners will stretch that far, its much more likely that the entrance is a few meters off what was originally shown on the planning drawings!!!

De.Lite.Touch

sydthebeat wrote: »

i really dont what to pull this off topic.. but what exactly are you referring to here de.lite.touch??? i have never heard of a "listed view" before???

are you referring to SAC's?

I'm sorry if I was going off topic Mod - no its not a Special Area of Conservation, and as far as I know, they still exist in development plans.
A listed view is where something that can be seen from a particular point or sometimes several points is listed - basically its a "pretty" view.
Think of something like the head of Howth, Ben Bulben, Dalkey Island, thant kind of thing [not sure if any of them are listed BTW]

Google "Listed view" allinurl:www.dlrcoco.ie

http://www.dlrcoco.ie/planning/Exempted_Development.htm

OTHER RESTRICTIONS:

Be aware of other restrictions on exempted development to a house; for example: you could not erect a front porch within the exempted limits which would extend over a footpath or road thereby causing a traffic hazard or build an otherwise exempt rear extension which would interfere with a listed view or prospect. Articles 5-11 of 2001 Regulations.

Planning permissions between the points and the view tends to be restricted, as do permissions for development "in" or "on" the view itself if these "interfere" with the view or prospect.
To return squarely to the topic, if the entrance was in such a view, and it disturbed the rhytym of other entrances along the road by its placement - for example - then it could be more difficult to obtain retention.

De.Lite.Touch.

Blowheads

Hi All,
Thanks to all for your help/advice.
Our house is on a "Heritage road", however no issues with the exit being on one side or the other as its a straight road clear for a good view.

Has anyone had any similar issues? Does my solicitor/engineer/vendor/vendors engineer have any case to answer for?

Submitting for retention would be the easiest option as moving the entrance would be costly.

Regards,
Paul

Poor Uncle Tom

finneranpaul wrote: »

Hi All,
Thanks to all for your help/advice.
Our house is on a "Heritage road", however no issues with the exit being on one side or the other as its a straight road clear for a good view.

Has anyone had any similar issues? Does my solicitor/engineer/vendor/vendors engineer have any case to answer for?

Submitting for retention would be the easiest option as moving the entrance would be costly.

Regards,
Paul

We can't discuss legal issues here, if you want independant legal advice you had best go to a new solicitor.

@ De.Lite.Touch - please stay on-topic.

Blowheads

Fair point.

Thanks to all of you, have a great day

De.Lite.Touch

Poor Uncle Tom wrote: »

We can't discuss legal issues here, if you want independant legal advice you had best go to a new solicitor.

@ De.Lite.Touch - please stay on-topic.

I didn't thing I duscussed legal issues Mod.

Sorry if I gave that impression

De.Lite.Touch

Poor Uncle Tom

No, you didn't discuss legal issues. You rambled off topic, which is why I asked you to please stay on-topic....:)