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retention planning for chalet

  • 23-07-2013 9:26pm
    #1
    5mcdonag
    Registered Users, Registered Users 2 Posts: 67 ✭✭


    I live in rural galway. Property has chalet over 7 yrs without planning. What are the chances of getting retention as a chalet. Can they force me to use as a garage?


Comments

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


    I'm presuming by "they" you mean the Local Authority. If that is the case then the LA cannot force you to use any building as a garage. However they may be able to stop you using the building as a habitable unit.

    First of all there is very little detail in your post, but I get the impression that the building was part of the overall planning on the site as a garage that you changed the use of, to a separate living unit, without planning permission. If this is the case then 7 years means nothing to you.

    Where a site has a planning permission, the 7 year period only starts at the end of the 5 year planning period, there is also a 9 day period added for each year, so the 7 years in a case like this is now 12 years and 108 days from the date of grant of the planning permission.

    Either way, any unauthorised development doesn't become accepted or legal after any period of time, it would need a planning permission to regularise it.


  • #3
    5mcdonag
    Registered Users, Registered Users 2 Posts: 67 ✭✭5mcdonag


    No the unit was not ever given planning. It was built by the owners over the permissible size and used as a chalet so my understanding is the 7 yrs is already up. I understand it's not legal but was wondering if they would likely stop the current use as a chalet


  • #4
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    5mcdonag wrote: »
    No the unit was not ever given planning. It was built by the owners over the permissible size and used as a chalet so my understanding is the 7 yrs is already up. I understand it's not legal but was wondering if they would likely stop the current use as a chalet

    They may not be able to. But the 12 years still applies if there is any planning permission on the site.

    If the chalet is being used by more people that the septic tank/treatment system was designed for, you may have other problems.


  • #5
    5mcdonag
    Registered Users, Registered Users 2 Posts: 67 ✭✭5mcdonag


    Poor Uncle Tom wrote: »
    They may not be able to. But the 12 years still applies if there is any planning permission on the site.

    If the chalet is being used by more people that the septic tank/treatment system was designed for, you may have other problems.

    Thanks.


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