Facebook Video - Lease Agreement/Planning Permission

byrneg28

https://www.facebook.com/video.php?v=829728703724493

I'm not good with laws and stuff, planning agreements/lease agreements, but could somebody explain what's going on in this video, and if they can decipher the legality behind the argument.

Thanks

Little CuChulainn

Seems like the guy leased a property and set up a business without planning permission for commercial premises. It was probably zoned for residential or something.

Essien

The guy doing the shouting comes across terribly here IMO.

The other guy is clearly and calmly asking for planning permission (I assume for some kind of waste water facility, which is required for car washes AFAIK) and the first guy just keeps shouting about having permission from the owner.

I don't know the ins and outs of the law but my gut says the calmer guy is probably correct here.

goz83

The owner must have given the tenant permission to run a business at the premises, but the owner was not authorised to give such permission. The guy shouting seemed to lack the understanding of what planning permission is and instead, makes a fool of himself on the street and all over FB.

Five Lamps

Interesting that the premises in question is this one:

http://www.broadsheet.ie/2013/03/09/saving-aldborough-house/

Owned by Ely Properties. It's been in the news a few times lately and interesting that suddenly somebody has leased the premises.

No planning permission applied for or granted to run a car wash. There is planning to convert it to a medical facility.

If ever there is a property that should be taken into public ownership this is it.

Poster is also claiming that if he took down the video, DCC would grant him permission. Highly unlikely scenario especially as there is no application for permission in place (least not up on the system yet). Would be odd if DCC gave into this malarky.

NoQuarter

That video gave me a headache. But then I read the comments, they made my head implode.

littlemac1980

He's obviously quite upset. That's understandable, he's just signed up for a 5 year lease of a premises and has recently discovered that he can't run a a car park/Valet service there like he intended.

I'm guessing he did a DIY on the lease formalities and didn't have the benefit of professional legal advice.

Now he seems to be in a very unenviable position. Committed to a 5 year lease, with the Council on his back and a load of serious legal issues to be dealt with.

Still despite his understandable stress and annoyance, he's completely out of order taking things out on the messenger who is "Just doing his Job" and "providing for his family" plus saying things like - "It's private property, I could put a brothel in there and you can't stop me" doesn't help his cause, or his profile.

Five Lamps

littlemac1980 wrote: »

He's obviously quite upset. That's understandable, he's just signed up for a 5 year lease of a premises and has recently discovered that he can't run a a car park/Valet service there like he intended.

I'm guessing he did a DIY on the lease formalities and didn't have the benefit of professional legal advice.

Now he seems to be in a very unenviable position. Committed to a 5 year lease, with the Council on his back and a load of serious legal issues to be dealt with.

Still despite his understandable stress and annoyance, he's completely out of order taking things out on the messenger who is "Just doing his Job" and "providing for his family" plus saying things like - "It's private property, I could put a brothel in there and you can't stop me" doesn't help his cause, or his profile.

Given the nature of this premises and the fact that it has been derelict for over a decade it's odd that the owner would suddenly lease out space to a low rent operation. Especially when there DCC starts taking action against the owners. All very interesting developments.

Unfortunately, it was up to the guy taking out the lease to do his homework. Running a car wash in 18th century house can't be considered as not unusual.

Also the public have paid for emergency works and security on the building so we the public have a vested interest in what is going on here. A car wash is not a suitable use.

littlemac1980

Here's a newspaper article based on an interview with the guy in the video.

https://www.facebook.com/photo.php?fbid=833086973388666&set=a.253486401348729.65448.100000621146202&type=1&relevant_count=1

It appears from this that he understands that he needs planning permission as distinct from simple permission of the lessor, and had himself submitted applications for the change of use, but then it seems he went ahead and carried on the business regardless of the status of those applications.

It's reported that the Planning Authority have initiated enforcement proceedings.

BornToKill

The Sunday Business Post reported yesterday that Aldborough house has been sold to Pat O'Donnell. Herald follows up today.

cassid

If he is running a carwash, he also has to have a licence to discharge into the public drainage system. It's a yearly fee and can be costly depending on what is discharged into the public drain. He could be fined for doing this.

http://www.dublincity.ie/main-menu-services-water-waste-and-environment-drains-sewers-and-waste-water/apply-licence-discharge