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Retention for entrance that was there when house purchased

  • 27-06-2014 10:16am
    #1
    borderlinemeath
    Registered Users, Registered Users 2 Posts: 5,346 ✭✭✭


    We bought a house in Meath in 2005, a bungalow on almost an acre, it had two gates, a main gate with a concrete drive and a second entrance out onto the road. In 2006 we applied for planning for an extension and a second story and this was granted, we did nothing to the entrances only put new gates on the piers.

    This morning we received a notice from the county council that the second entrance on our property was constructed without planning and we must apply for retention. If we don't we could be fined in excess of €12k and forced to remove the entrance.

    Is it true that if we can prove the entrance was there when we purchased the house or if it's been there for a certain amount of time then we've no case to answer? We're a bit perplexed by it to be honest.


Comments

  • #2
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    borderlinemeath wrote: »
    1. Is it true that if we can prove the entrance was there when we purchased the house
    2. or if it's been there for a certain amount of time then we've no case to answer? We're a bit perplexed by it to be honest.

    1. incorrect its your problem you should have done your homework when purcahsing
    2. if you can prove it was there for more than 7 years, you could argue the enforcement notice cannot be upheld. however if ever want to sell you still have an entrance that doesn't have planning - sales have fallen through for less
    my advise apply for retention - cost you (a very approx) 500€


  • #3
    borderlinemeath
    Registered Users, Registered Users 2 Posts: 5,346 ✭✭✭borderlinemeath


    The second entrance had actually been a selling point when we purchased the house, it was advertised as having site potential due to the second entrance although it would only have been suitable for a family members/local needs dwelling as the site wasn't just big enough. Not that we were ever going to build another dwelling but it was definitely mentioned as a selling point. It's also puzzling why it wasn't a problem when we applied for planning for extending in 2006. There were numerous site inspections and we were refused twice before getting granted a third time. It's not as if the county council were unfamiliar with the site.

    We have no intention of going anywhere so don't really want to have to spend money on retention when it seems to be an oversight on many parts - ours, our solicitors, the agents (who used the second entrance as a selling point) but if it ever came to selling we would have to get retention.


  • #4
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Was the entrance in question shown in the previous granted application?


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