planning issue

vinnie13

hi guys hopefully someone can give some advice.
myself and a relation have ajoining land he put planning in using a "architect" only in the final week while having a look on the net i noticed that the plans that went in included over 3/4 of my property and another map that showed the site was higher up on a different piece of ground(one week untill decision) ,i brought this to the attention of my relation who was straight onto the "architect" to inform him of this and his "architect" assured him he can resubmit the correct plans along with the extra informtion required by the council(sutibility to the area which is not a problem they are from the area and information about drains/shores)
i happened to be there when they were measuring up for the new plans and got a strong feeling the "architect" didnt want me there and was asignorant as they come.
we agreed we would share a entrance which is to be included in plans to allow sightlines and help with my planning next year but his "architect" is looking for a letter from my solicitor saying i will allow the relation trim my hedge to maintain sight lines,i plan on ripping out what is there as a hedge at the moment and replanting with beech jan/feb.
any dealings i have had over the years of simular natures a simple letter from me saying i would maintain the sight lines or in this case i am removing the current hedge and replanting in jan/feb.

does anyone find anything wrong with this?
i presume a letter from my solicitor giving someone else permission to trim my hedges legally binding that they have control over when/how the hedge is kept and could end up a stipulation to the planning(the problem isint with the relations but if they ever sold the house would it still be the same with the new buyers)
honestly i just dont trust the architect

nuac

1. Why "architect"?

2. Your query is not that easy to read. Perhaps an edit.

3. You cannot get legal advice here

brian_t

vinnie13 wrote: »

only in the final week while having a look on the net i noticed that the plans that went in included over 3/4 of my property

The planning of your neighbours house is very important to you.

I would recommend going into the Planning office and studying the whole file properly.

vinnie13

nuac wrote: »

1. Why "architect"?

2. Your query is not that easy to read. Perhaps an edit.

3. You cannot get legal advice here

1.thats what he calles himself, obviously no standards in ireland as the first planning application he submitted included a spepic tank along with other basic bits he over looked
2.i take it you dont understand planning
3.legal discussion!!!past expierences,might have happened to others?
were you looking to help or just have your two cents?

vinnie13

brian_t wrote: »

The planning of your neighbours house is very important to you.

I would recommend going into the Planning office and studying the whole file properly.

thanks brian,i have been in and got all the files and am almost happy just a few small bits.
i had a look at the revised application and the "architect" has reduced the size of the site but has still over stepped the mark by 3m.

billy few mates

I've had something similar before, if there's a problem with the map or any of the documents associated with the planning application have them dealt with now before the permission is granted. If you look at the front of the planning file you'll see there's a part there which has to be signed by someone in the PA to confirm that they'd checked the application and that all the submitted documents were correct etc, In the case I was involved in the map was incorrect but had been signed off as correct. When I brought it to their attention they shrugged their shoulders and said it didn't really matter until I pointed out that they hadn't done their job properly and if permission was granted they would be sued for negligence as I'd brought the errors to their attention in the comments I made on the application.
In the end they (somewhat reluctantly) conceded and made the applicant submit a whole new application with the errors corrected.
I made them refund me the money I paid to lodge my objection and I also insisted that they refunded everyone else who'd lodged an objection (there were about thirty people or groups) as they had erred in accepting the application with all the errors, initially they refused to do this until I told them I would go around to each and every person who'd lodged an objection and tell them what I'd found.
I'm no expert on planning but from my dealings with the people in my local planning authority it became clear that neither were they, and it was very easy to go in knock some sense into them...!

nuac

vinnie13 wrote: »

1.thats what he calles himself, obviously no standards in ireland as the first planning application he submitted included a spepic tank along with other basic bits he over looked
2.i take it you dont understand planning
3.legal discussion!!!past expierences,might have happened to others?
were you looking to help or just have your two cents?

1. Building Control Legislation now regulates use of title "Architect". Up to that anybody could claim to be an architect.

2. Re understanding of Planning.

I have been dealing with all sorts of planning issues since the planning legislation commenced here in October 1964. There has of course been a lot of legislation since, and hundreds of decided cases. I have been involved in some of those.

3. I did find your post somewhat hard to follow. Since word processors became common I usually ask enquirers to set out the story in chronological short paragraphs. You could stlll do that.

4. I agree with the advice upthread to visit the planning office. If a covenant arises re use of adjoining property you should talk to a solicitor.

vinnie13

billy few mates wrote: »

I've had something similar before, if there's a problem with the map or any of the documents associated with the planning application have them dealt with now before the permission is granted. If you look at the front of the planning file you'll see there's a part there which has to be signed by someone in the PA to confirm that they'd checked the application and that all the submitted documents were correct etc, In the case I was involved in the map was incorrect but had been signed off as correct. When I brought it to their attention they shrugged their shoulders and said it didn't really matter until I pointed out that they hadn't done their job properly and if permission was granted they would be sued for negligence as I'd brought the errors to their attention in the comments I made on the application.
In the end they (somewhat reluctantly) conceded and made the applicant submit a whole new application with the errors corrected.
I made them refund me the money I paid to lodge my objection and I also insisted that they refunded everyone else who'd lodged an objection (there were about thirty people or groups) as they had erred in accepting the application with all the errors, initially they refused to do this until I told them I would go around to each and every person who'd lodged an objection and tell them what I'd found.
I'm no expert on planning but from my dealings with the people in my local planning authority it became clear that neither were they, and it was very easy to go in knock some sense into them...!

cheers billy,i think i am going to follow this up myself.the new application has been sent in today but i guess they may amended it again.
i was up measuring last night and again this morning doubting myself but its clear as day it crosses my ground.
i just cant get my head around how laxy dazy my relation is regarding this.

i think i am going to have to to get legal advice seen as the "architect" is also looking after the land registery on the relations site.

overshoot

vinnie13 wrote: »

cheers billy,i think i am going to follow this up myself.the new application has been sent in today but i guess they may amended it again.
i was up measuring last night and again this morning doubting myself but its clear as day it crosses my ground.
i just cant get my head around how laxy dazy my relation is regarding this.

i think i am going to have to to get legal advice seen as the "architect" is also looking after the land registery on the relations site.

yes there are many "architects" out there still, the interest the RIAI has outside of dublin and its click is still minimal, at least in the west imho. The register is up to date at least though

its not the place of the the planning dept of the council to rule on boundary issues in a he says, she says case, the red boundary line marking the site is the most important one to them. If it is not on land owned by the applicant a letter of consent from the landowner should be included, it is not a valid application otherwise. If there is issues it should be highlighted in a submission and at very least they should attach a condition that all legal issues must be sorted before commencing development. You can go to An Bord Pleanala once you make a submission if you still have concerns

i presume a letter from my solicitor giving someone else permission to trim my hedges legally binding that they have control over when/how the hedge is kept and could end up a stipulation to the planning(the problem isint with the relations but if they ever sold the house would it still be the same with the new buyers)
honestly i just dont trust the architect

I think you should hire your own architect to have a look at the proposals and see if you have valid concerns (put you mind at ease), they can also offer an independent check come the time at the land registry another area. He will be well positioned to explain how the permission for vision lines affect you... if its a serious impact/should you be agreeing/consequences but usually the effect in minimal and wouldnt involve a solicitor. It all comes down to the site.
Although im guessing this letter is already in? he wont get planning without a compliant entrance