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Planning and building reg breaches - Reporting

  • 21-06-2012 2:33pm
    #1
    Registered Users, Registered Users 2 Posts: 74 ✭✭


    Is it possible to bring a development to the attention of the building control people anonymously?
    A neighbour of mine received planning permission but he has made the building bigger than the plans and has added some features and excluded others. It is for a large extension to an old dwelling. He has also now created 2 dwellings instead of an extension to the original one. The 2 dwellings wouldnt concern me but there is will extra traffic movements and its a very confined access road.
    We are on speaking terms and I dont want to be the bad guy, after all he is one doing wrong.
    He was also telling all in the pub that he is doing what he likes and was laughing about his mate who was following his BER cert with regard to energy requirements. He wouldnt have a clue about any of the recent development in the building regs. He is returning for uk, no engineer involved, windows opening to within 200mm of the floor on the first floor (just cause he got the windows handy in uk).
    He has also not sent commencement notice to council and I would assume therefore, not paid any of the development charges either. He is the typical know it all, - we know nothing in this country, - Beyond, it would be done this way and that etc and therefore thinks he can do what he likes.
    I know I should just write to building control and put my name to it but if that has to be done, I will just go in and tell him Im not happy first. Would rather if they were just to do a random inspection.


Comments

  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    it is my understanding that:

    1. a complaint cannot be acted upon if it is anonymous
    2. the council withhold the name of the complainant from the 'complainee'
    3. a copy of the complaint may be sought under the freedom of information act
    4. it may be decided by the information commissioner not to withhold the name of the complainant if it is decided to allow access to the complaint.


  • Registered Users, Registered Users 2 Posts: 155 ✭✭PaleRider


    Just give building control a ring. You are doing them a favour letting them know. They may act just on a call. Take the chance.


  • Registered Users, Registered Users 2 Posts: 46,550 ✭✭✭✭muffler


    sydthebeat wrote: »
    3. a copy of the complaint may be sought under the freedom of information act
    I dont believe this to be the case at all. A report or a complaint is privileged under data protection rules.

    No different than someone making a complaint to the tax or sw people. Those names are never divulged


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    muffler wrote: »
    I dont believe this to be the case at all. A report or a complaint is privileged under data protection rules.

    No different than someone making a complaint to the tax or sw people. Those names are never divulged
    This sort of relies on a councils personnel to be aware and considerate of this confidentiality legislation. I've had different results to this query from certain planning desks in the past..

    I emphasise with you OP


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    muffler wrote: »
    I dont believe this to be the case at all. A report or a complaint is privileged under data protection rules.

    No different than someone making a complaint to the tax or sw people. Those names are never divulged

    A copy of the complaint may absolutely be requested under FOI.

    The identity of the complainant would be withheld under section 23 1. (b).

    However its my understanding that this identity refusal can be appealed to the Information Commissioner, who has, in my understanding, absolute executive power in these cases.

    Interestingly, in doing some homework on this, ive only found 1 local authority who categorically state that the identity of complainants is withheld. A lot of others state that they cannot ultimately guarantee that the identity of the complaint is witheld due to the facility to appeal to the information commissioner.


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  • Registered Users, Registered Users 2 Posts: 2,489 ✭✭✭No6


    I have come across complaints in to building control from dead people!! The complaints were valid and were acted on even though the enforcement officer and my client know who had actually made the complaint.


  • Registered Users, Registered Users 2 Posts: 1,691 ✭✭✭fclauson


    No6 wrote: »
    I have come across complaints in to building control from dead people!! .

    Or was it that it just took Building Control so long to do anything about it that the person had lost the will to live :D

    Did you see recent mag artical - 2 out of 3 building fail to comply with Part L 2008 - and I suspect 1 in 20 will be capable of complying with 2011 (its hard trust me I am building a Passive house which is struggeling to comply with Part L 2011 with respect to renewables because the way its encoded in DEAP)


  • Registered Users, Registered Users 2 Posts: 2,489 ✭✭✭No6


    DEAP is a total disaster for sure!! It is designed on the premis that the typical house is a 3 bed semi!


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