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No Planning Permission

  • 01-01-2013 9:49pm
    #1
    Registered Users, Registered Users 2 Posts: 14


    Apologies, I am not too familiar with how this website works, if I should be on another thread, let me know.

    My aunt has built a small apartment in her large garden but has no planning permission.

    She has suspicions now that she may be reported to her local council.

    What are the typical consequences for her now? Is there any way out of this without having to knock the structure

    Any advice greatly appreciated.


Comments

  • Closed Accounts Posts: 8,570 ✭✭✭Rovi


    Note to Construction & Planning forum mods: post moved to new thread here from Farming & Forestry forum.


  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭archtech


    As the development is unauthorised it will require planning permission by way of retention. This may or may not be granted depending on a number of factors. Generally addition dwellings or apartments are not looked upon favorably by planning authorities, unless mentioned in the relevant development plan.


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


    We can't discuss ways around the planning regulations on this forum and just to add to archtech's post.

    Any separate living unit on any property needs planning permission and getting planning permission after putting such a unit in place is both costly and hard, harder than getting planning permission straight out of the traps, so to speak.

    Anyway, right now you need to regularise matters by getting planning retention.


  • Registered Users, Registered Users 2 Posts: 2,810 ✭✭✭scwazrh


    Separate living unit with separate esb meter etc will cause a lot of problems for retention permission.A " granny flat" or similar on the same esb and gas meter with heating supply from main residence will be much more favourably looked upon.My own " granny flat " was eventually accepted with the provision that it would never be sold or let as a independent residence


  • Registered Users, Registered Users 2 Posts: 4,905 ✭✭✭Aard


    Assuming it's under 40sqm, would a granny flat come under exempted development?


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  • Registered Users, Registered Users 2 Posts: 46,607 ✭✭✭✭muffler


    Aard wrote: »
    Assuming it's under 40sqm, would a granny flat come under exempted development?
    Nope!


  • Registered Users, Registered Users 2 Posts: 2,810 ✭✭✭scwazrh


    Aard wrote: »
    Assuming it's under 40sqm, would a granny flat come under exempted development?

    No it wouldn't but seen as its already built your into what will get retention not what should you have done or what might have been exempt .


  • Banned (with Prison Access) Posts: 208 ✭✭daver123


    paulacul wrote: »
    Apologies, I am not too familiar with how this website works, if I should be on another thread, let me know.

    My aunt has built a small apartment in her large garden but has no planning permission.

    She has suspicions now that she may be reported to her local council.

    What are the typical consequences for her now? Is there any way out of this without having to knock the structure

    Any advice greatly appreciated.

    How long ago was it built and which county council would you be dealing with.


  • Closed Accounts Posts: 5,731 ✭✭✭Bullseye1


    If the building is over 7 years old you may not need to apply for planning at all and may have met the "immunity threshold".

    http://www.homs.ie/whatsnew-publication-279-Planning_and_Development_%28Amendment%29_Act_2010_%2826.7.2011%29


  • Registered Users, Registered Users 2 Posts: 46,607 ✭✭✭✭muffler


    Bullseye1 wrote: »
    If the building is over 7 years old you may not need to apply for planning at all and may have met the "immunity threshold".

    http://www.homs.ie/whatsnew-publication-279-Planning_and_Development_%28Amendment%29_Act_2010_%2826.7.2011%29
    You're taking this thread in a different direction as that has nothing to do with the topic at hand.

    Scrap that :o


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  • Closed Accounts Posts: 5,731 ✭✭✭Bullseye1


    Apologies I thought the article mentioned the seven year rule whereby if a structure is in place for 7 years and no prosecution has taken place the development is then immune from prosecution. Hence I guess it's important to find out how long the development is in place.


  • Registered Users, Registered Users 2 Posts: 46,607 ✭✭✭✭muffler


    Bullseye1 wrote: »
    Apologies I thought the article mentioned the seven year rule whereby if a structure is in place for 7 years and no prosecution has taken place the development is then immune from prosecution. Hence I guess it's important to find out how long the development is in place.
    The topic here is in relation to an extension of duration.

    Scrap that :o


  • Closed Accounts Posts: 5,731 ✭✭✭Bullseye1


    The OP:
    paulacul wrote: »
    Apologies, I am not too familiar with how this website works, if I should be on another thread, let me know.

    My aunt has built a small apartment in her large garden but has no planning permission.

    She has suspicions now that she may be reported to her local council.

    What are the typical consequences for her now? Is there any way out of this without having to knock the structure

    Any advice greatly appreciated.


  • Registered Users, Registered Users 2 Posts: 46,607 ✭✭✭✭muffler


    Sincere apologies Bullseye1. I was posting in the wrong thread. :(


  • Closed Accounts Posts: 5,731 ✭✭✭Bullseye1


    No worries M. I see that there is two threads with similar titles. All good.


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