Planning Query

gOst

Just wanted to ask peoples advice on how to go about obtaining retention planning permission.

Some background info:
The old folks suffered some serious storm damage to their house back about 10 years ago. It basically involved replacing the whole roof of their bungalow. Now while the roof was off, they decided they would increase the pitch of the roof and include an attic conversion to give them a second floor. That and the addition of parallel roof windows (Don't think i'm allowed to say the name, rhymes with welux). That's pretty much the only change, the building footprint hasn't changed. They were "advised" by a local architect that as the work wasn't going to change the footprint, they didn't need to bother with planning, but just build it and apply for retention.

It was built, but no retention was ever sought and the only reason its an issue for them now is this new property tax. For all intents and purposes, any public record has this house as a bungalow but since the changes this isn't true and it has implications as to what rate of property tax they are liable for. They're a bit worried about getting into trouble with revenue so I'm trying to find some information so they can go about rectifying the situation.

My main questions are as follows:

Since the building footprint hasn't increased, is the fee for retention based only on the additional area of the second floor?

Has anyone recent experience with the rate charged per m² for retention or does it vary depending on the local authority?

Again, it probably depends on the local authority but how long does this process usually take?

I haven't lived in Ireland for a while so I'm a little out of tune with the planning regulations. Any information or pointers would be really appreciated.

Thanks and regards,

gOst

muffler

That and the addition of parallel roof windows (Don't think i'm allowed to say the name, rhymes with welux).

That would be Velux. Larger business names who dont really need the plugging is fine but if ever in doubt PM one of the mods

They were "advised" by a local architect that as the work wasn't going to change the footprint, they didn't need to bother with planning, but just build it and apply for retention.

Very, very bad advice and now that they need someone I hope they wont consider engaging a person who misled them.

Since the building footprint hasn't increased, is the fee for retention based only on the additional area of the second floor?

Yes. it will be €2.50 per sq. metre of additional floor space. There's a min. fee of €102 in any event but I would assume that it would be greater than that.

Has anyone recent experience with the rate charged per m² for retention or does it vary depending on the local authority?

Its a fixed rate for planning application fees no matter what county you are in but some county councils do impose a development levy/contribution by way of condition on permissions granted and this charge does vary.

Again, it probably depends on the local authority but how long does this process usually take?

The legal timescales are that a decision must be made within 8 weeks of receipt of a valid application or alternatively additional information can be sought within 8 weeks. If additional info is requested then they have a max. of 4 weeks to make a decision from the date they receive the fully validated info. There is then a 28 day period allowed for appeals and if there are no appeals then the final grant of permission is issued.

sinnerboy

muffler wrote: »

Yes. it will be €2.50 per sq. metre of additional floor space. There's a min. fee of €102 in any event but I would assume that it would be greater than that.

Actually I have had the experience ( Fingal Co Co ) where €2.50 per sq. metre was levied on the entire floor space.

muffler

sinnerboy wrote: »

Actually I have had the experience ( Fingal Co Co ) where €2.50 per sq. metre was levied on the entire floor space.

I never come across that before. Did they explain the methodology in determining the fee?

sinnerboy

The development taken as a whole failed to comply with condition 1 of the Grant of Application i.e. " development to be built in accordance with plans etc". Therefore the entire development m2 area attracted the fee.

muffler

sinnerboy wrote: »

The development taken as a whole failed to comply with condition 1 of the Grant of Application i.e. " development to be built in accordance with plans etc". Therefore the entire development m2 area attracted the fee.

So the "extended area" was built at the same time as the original house? If that was the case it would make sense to charge for the entire building floor area.

sydthebeat

sinnerboy wrote: »

The development taken as a whole failed to comply with condition 1 of the Grant of Application i.e. " development to be built in accordance with plans etc". Therefore the entire development m2 area attracted the fee.

My experience would slightly mirror this, but in cases where the build was built first with a dormer conversion, rather than afterward.

OBrother

A point to note is that after seven years from the commencement of a development for which no planning permission was granted, no enforcement action can be taken. As to whether the house is still a bungalow, i.e dormer bungalow or a detached house, that will be one for the Revenue Commissioners.
While there are still issues relating to the lack of planning, such as sale, I thing they may be worrying needlessly if they think that by declaring the extension to the Revenue, that the Council will find out about the works.
Many planning authorities are seeking development levies for domestic extensions, for which you may become liable if planning is granted, though in general this is only levied on the area of the extension over 40 meter square. It is worth your while checking how much this will cost. Most have it detailed somewhere on their websites.

gOst

Thanks for all the information guys/gals.

Regards,

gOst