Compliance with Planning Permission

Ray Dow

Hi,

Is there a difference between an Opinion of Compliance with PP and a Certificate of Compliance with PP?

I have seen both terms used previously.

Thanks in advance

sinnerboy

The correct term is opinion. The word certificate is widely but incorrectly used.

sydthebeat

in general, for the end user, theres no difference.

Ray Dow

Thanks sinnerboy for the clarification.

Do you know if it is possible to issue an Opinion of Compliance when all proposed works have not been completed?

E.g. the main structure has been completed except for an ancillary room/section.

Technically the building is not in full compliance with the PP drawings until this room has been completed but can a "qualified" Opinion (if such a thing exists) be issued?

sinnerboy

Despite RIAI advice to practitioners not to issue qualified Opinions I have seen them issued - in "the good times" when money flowed easily. I expect that if relied upon to to draw down funds today that a qualified opinion may not suffice.

Ray Dow

Thanks again, the fog is slowly lifting

One final question, does the omission on the ancillary room require a qualification of the Opinion of Compliance or could this be viewed as "Substantial Compliance" and a "minor deviation"?

The wording makes the Opinion quite subjective. But then again I guess all opinions are

sydthebeat

theres a few 'subjective' issues here.

1. whether the unfinished work constituted non compliance with the planning permission.

2. whether the unfinished work still constituted 'substantial compliance' with the planning permission

You havent said exactly that the 'omission' was. Was it an annex that wasnt built? or was it a room that was 'absorbed' internally by other spaces?

Ray Dow

sydthebeat wrote: »

theres a few 'subjective' issues here.

1. whether the unfinished work constituted non compliance with the planning permission.

2. whether the unfinished work still constituted 'substantial compliance' with the planning permission

You havent said exactly that the 'omission' was. Was it an annex that wasnt built? or was it a room that was 'absorbed' internally by other spaces?

The omission was an annex to an annex, so to speak.

Basically, the project in question is a 2 classroom extension inc. an office to an existing school. Funding dried up along the way and now the office cannot be completed. An Opinion of Comp. is required to drawdown the remaining funding from the Department. However, the school do not want to amend the PP as they believe they can raise funds independently over the next few years to complete the office.

sydthebeat

"Funding dried up"... but opinion required to draw down remaining funding...
how do you square that circle?

Are you saying that it was part funded by different sectors and someone pulled out?
or did the build commence without funding being in place in the first place?
This could get messy.

Your main communications should be with the department to discuss how you can access the funds.
Hopefully they will accept an opinion with a clarification attached to state that part of the permission was not completed at date of signing.

Ray Dow

Part funded independently and this funding is now unavailable due to circumstances I won't get into.

The department require the Opinion to release the final tranche of funding for the 2 classrooms. The problem is that the planning permission is for 2 classrooms and an ancillary office.

sinnerboy

Ray Dow wrote: »

Thanks again, the fog is slowly lifting

One final question, does the omission on the ancillary room require a qualification of the Opinion of Compliance or could this be viewed as "Substantial Compliance" and a "minor deviation"?

The wording makes the Opinion quite subjective. But then again I guess all opinions are

Detach yourself from the situation and ask what would common sense tell you?

It sounds like you should seek an honest and qualified opinion together with prior agreement from the Dept that they will release funds on that basis.