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Hackney Taxis and Planning Permission

  • 18-01-2014 12:15pm
    #1
    Registered Users, Registered Users 2 Posts: 419 ✭✭


    Sorry if this is in the wrong section, I'm wondering can someone move into an area (for example a housing estate) and start running a Hackney service from outside their rented (residential) property?

    Does this require some kind of planning permission? They would be conducting a business from a residential property?


Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    They would need planning permission for 'change of use'.

    It is unlikely that such permission would be granted on a residential street, but might be granted on a commercial or mixed-use street.

    You are entitled to make an anonymous confidential complaint to the local council planning department.


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    Can you not use one room in your own property for business use without the need to change zoning?

    The only other issue would be illegal parking if they are blocking access to others properties. But once they are taxed and insured there's no issue with them parking on the road.


  • Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    bawn79 wrote: »
    Sorry if this is in the wrong section, I'm wondering can someone move into an area (for example a housing estate) and start running a Hackney service from outside their rented (residential) property?

    Does this require some kind of planning permission? They would be conducting a business from a residential property?

    They might argue that they are not running the business from home. S/He lives in the house and parks the car outside, and then goes to work, and returns home after each job.

    Unless people are calling to the house to get a Ride...


  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    bawn79 wrote: »
    Sorry if this is in the wrong section, I'm wondering can someone move into an area (for example a housing estate) and start running a Hackney service from outside their rented (residential) property?

    When you say run a hackney service, what exactly have you seen them do?


  • Registered Users, Registered Users 2 Posts: 8,295 ✭✭✭n97 mini


    Victor wrote: »
    You are entitled to make an anonymous complaint to the local council planning department.

    It's not anonymous, you have to give your name, and pay a fee. Some councils will give out the names of complainants under the FOI, some will not (welcome to Ireland).

    For example.


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  • Registered Users, Registered Users 2 Posts: 419 ✭✭bawn79


    When you say run a hackney service, what exactly have you seen them do?

    This guy parks two of his hackney cars on a street (I said housing estate for a bit of anonymity) across from me (residential). You can hear him parked up taking calls outside on the street at all hours of the night on weekends, I'm not sure if he has picked anyone but the house he occupies is residential only.

    The street itself is mixed use with some residential and some shops. He has blocked us in on occasion (a private entrance) and often uses our entrance to turn his car.


  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    bawn79 wrote: »
    This guy parks two of his hackney cars on a street (I said housing estate for a bit of anonymity) across from me (residential). You can hear him parked up taking calls outside on the street at all hours of the night on weekends, I'm not sure if he has picked anyone but the house he occupies is residential only.

    The street itself is mixed use with some residential and some shops. He has blocked us in on occasion (a private entrance) and often uses our entrance to turn his car.

    Unless he has converted a room in the house to set up an out and out despatch service that takes bookings for other drivers then there isn't anything illegal going on here. If he is just taking personal calls and that from the house then that's no more running a business than say, a tradesman or salesman taking calls and bookings from his own house, a white collar type working from home.

    As a separate note, a cab despatch company requires a licence from the NTA to operate. Parking his cars isn't illegal so long as they are taxed, obeying road markings and signs, not blocking gates etc.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    n97 mini wrote: »
    It's not anonymous, you have to give your name, and pay a fee. Some councils will give out the names of complainants under the FOI, some will not (welcome to Ireland).

    For example.

    Sorry, I misspoke I meant confidential, not anonymous. The Planning and Development Acts have a section that guarantees confidentiality.
    Del2005 wrote: »
    Can you not use one room in your own property for business use without the need to change zoning?
    It depends on the business. Working at a desk at home is one thing, running a shop would be another.
    bawn79 wrote: »
    This guy parks two of his hackney cars on a street (I said housing estate for a bit of anonymity) across from me (residential). You can hear him parked up taking calls outside on the street at all hours of the night on weekends, I'm not sure if he has picked anyone but the house he occupies is residential only.
    Ah, that's not quite what I understood from your first post. If there is more than one driver, then a planning complaint could be made. But if it is only the one driver, then I think what you need to do is make a noise complaint.
    He has blocked us in on occasion (a private entrance) and often uses our entrance to turn his car.
    You can make a complaint under the road traffic acts. Close your entrance.


  • Registered Users, Registered Users 2 Posts: 419 ✭✭bawn79


    Victor wrote: »
    Sorry, I misspoke I meant confidential, not anonymous. The Planning and Development Acts have a section that guarantees confidentiality.

    It depends on the business. Working at a desk at home is one thing, running a shop would be another.

    Ah, that's not quite what I understood from your first post. If there is more than one driver, then a planning complaint could be made. But if it is only the one driver, then I think what you need to do is make a noise complaint.

    You can make a complaint under the road traffic acts. Close your entrance.

    Thanks for the replies and also to Victor above.

    He does have a second driver for the second cab, so two drivers.

    Unfortunately it is possible to park in front of the entrance even when closed. This then stops us getting in and out.

    I wonder what the realistic likelihood of anything happening with the planning complaint would be?


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    bawn79 wrote: »
    Thanks for the replies and also to Victor above.

    He does have a second driver for the second cab, so two drivers.

    Unfortunately it is possible to park in front of the entrance even when closed. This then stops us getting in and out.

    I wonder what the realistic likelihood of anything happening with the planning complaint would be?

    You don't have a planning complaint. All you have is illegal parking when he blocks your entrance and noise from the phone calls. Can't see much for the noise but call the Gardai every time he blocks your access.


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  • Registered Users, Registered Users 2 Posts: 8,295 ✭✭✭n97 mini


    Del2005 wrote: »
    You don't have a planning complaint.

    If a cab business is being run out of the house he/she probably does.


  • Registered Users, Registered Users 2 Posts: 8,295 ✭✭✭n97 mini


    Victor wrote: »
    Sorry, I misspoke I meant confidential, not anonymous. The Planning and Development Acts have a section that guarantees confidentiality.

    Under the FOI you have a right to see any file being kept about you. The file will include any letter of complaint. Some councils will blank out the personal details of a complainant (badly) and some will not. In our case we know who complained as the names weren't blanked.


  • Registered Users, Registered Users 2 Posts: 14,005 ✭✭✭✭AlekSmart


    bawn79 wrote: »
    Thanks for the replies and also to Victor above.

    He does have a second driver for the second cab, so two drivers.

    Unfortunately it is possible to park in front of the entrance even when closed. This then stops us getting in and out.

    I wonder what the realistic likelihood of anything happening with the planning complaint would be?

    Bawn79,I believe you are slowly being educated as to the significant law-enforcement vacuum which surrounds the Taxi/Hackney "Industry".

    I suspect you'll find that theres no actual Law that applies to the person you describe,as opposed to any of the other "Butcher,Baker,Candlemaker" classifications.

    In spite of it supposedly being "Regulated",it is proving repeatedly difficult to find any of the agencies who will admit to having any particular responsibility for the goings-on in the Industry...you will be shunted from NTA to Gardai to Local Authority to Comreg to RSA to IAA and beyond,until your brain explodes and you die...all as long as NOBODY is forced to act or accept responsibility for the Industry....

    It is truly the last bastion of the true entrepreneur....;)


    Men, it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, and one by one.

    Charles Mackay (1812-1889)



  • Registered Users, Registered Users 2 Posts: 419 ✭✭bawn79


    AlekSmart wrote: »
    Bawn79,I believe you are slowly being educated as to the significant law-enforcement vacuum which surrounds the Taxi/Hackney "Industry".

    I suspect you'll find that theres no actual Law that applies to the person you describe,as opposed to any of the other "Butcher,Baker,Candlemaker" classifications.

    In spite of it supposedly being "Regulated",it is proving repeatedly difficult to find any of the agencies who will admit to having any particular responsibility for the goings-on in the Industry...you will be shunted from NTA to Gardai to Local Authority to Comreg to RSA to IAA and beyond,until your brain explodes and you die...all as long as NOBODY is forced to act or accept responsibility for the Industry....

    It is truly the last bastion of the true entrepreneur....;)

    Thanks AlekSmart - I had a feeling that it would prove difficult alright. That unfortunately also sounds like speaking to any Local Authority with any query about anything. The worst thing is that you have no one to complain to and that they don't even have to log that you called them. Anyhow that is taking things off topic - this doesn't look to be very promising.


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