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Driveway Retention

  • 22-01-2015 10:18am
    #1
    Registered Users, Registered Users 2 Posts: 15


    Hi all,

    Appreciate your feedback. We have bought a house in Dublin. It's a small estate, about 40 houses and a number of the houses have already made their front garden into a driveway as parking can be difficult otherwise.

    We're renovating the house (just standard mid terrace) and would ideally like to do the driveway at the same time as it would be more cost effective.

    The builder has advised just to get the driveway done and apply for retention later. I'm a by-the-book sort of person so don't like the sound of this. From his perspective, it will provide easier access for the internal renovation.

    Does anyone has any experience or advice on this? I don't want a massive fine or problems with the neighbours! As I said though, a number of them have already put driveways in place.

    None of the other work we're doing needs planning.

    Thanks


Comments

  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    half_baked wrote: »
    Hi all,

    Appreciate your feedback. We have bought a house in Dublin. It's a small estate, about 40 houses and a number of the houses have already made their front garden into a driveway as parking can be difficult otherwise.

    We're renovating the house (just standard mid terrace) and would ideally like to do the driveway at the same time as it would be more cost effective.

    The builder has advised just to get the driveway done and apply for retention later. I'm a by-the-book sort of person so don't like the sound of this. From his perspective, it will provide easier access for the internal renovation.

    Does anyone has any experience or advice on this? I don't want a massive fine or problems with the neighbours! As I said though, a number of them have already put driveways in place.

    None of the other work we're doing needs planning.

    Thanks

    Where are you based?


  • Registered Users, Registered Users 2 Posts: 15 half_baked


    Clontarf


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,444 Mod ✭✭✭✭DOCARCH


    The driveway - i.e. creation of a new vehicular entrance - needs planning permission....doing this without planning permission is breaking the law! I know that sounds very/over dramatic, but it is fact.

    The purpose of retention planning permission is for cases where a genuine mistake has been made.


  • Registered Users, Registered Users 2 Posts: 615 ✭✭✭Strolling Bones


    Ask the builder to form a builders driveway - crushed rock finish and apply for permision. Explain in a cover letter that the works "on the ground" are temporay to facilatate works only. When you get your decision - mix the concrete and pour.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    Ask the builder to form a builders driveway - crushed rock finish and apply for permision. Explain in a cover letter that the works "on the ground" are temporay to facilatate works only. When you get your decision - mix the concrete and pour.

    That would still be breaking the law. Once the boundary wall is opened up to allow vehicular entry, that's when the planning is required.


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  • Registered Users, Registered Users 2 Posts: 615 ✭✭✭Strolling Bones


    kceire wrote: »
    That would still be breaking the law. Once the boundary wall is opened up to allow vehicular entry, that's when the planning is required.

    Would you expect an enforcement action under the circumstances I outlined. ? In my experience not.


  • Registered Users, Registered Users 2 Posts: 615 ✭✭✭Strolling Bones


    kceire wrote: »
    That would still be breaking the law. Once the boundary wall is opened up to allow vehicular entry, that's when the planning is required.

    Would you expect an enforcement action under the circumstances I outlined. ? In my experience not.


  • Registered Users, Registered Users 2 Posts: 615 ✭✭✭Strolling Bones


    kceire wrote: »
    That would still be breaking the law. Once the boundary wall is opened up to allow vehicular entry, that's when the planning is required.

    Would you expect an enforcement action under the circumstances I outlined. ? In my experience not.


  • Registered Users, Registered Users 2 Posts: 15 half_baked


    Would you expect an enforcement action under the circumstances I outlined. ? In my experience not.


    Thanks all....I guess the law is the law. It's a real pain though!


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    Would you expect an enforcement action under the circumstances I outlined. ? In my experience not.

    It would depend if somebody complained or not.
    Clontarf area would be high on the list of complaints lodged to DCC Enforcement Dept.


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  • Registered Users, Registered Users 2 Posts: 615 ✭✭✭Strolling Bones


    kceire wrote: »
    It would depend if somebody complained or not.
    Clontarf area would be high on the list of complaints lodged to DCC Enforcement Dept.

    Again my experience is that judges stay actions - and the LA legals agree to that - when the matter is the subject of an active planning application.


  • Registered Users, Registered Users 2 Posts: 615 ✭✭✭Strolling Bones


    kceire wrote: »
    It would depend if somebody complained or not.
    Clontarf area would be high on the list of complaints lodged to DCC Enforcement Dept.

    Again my experience is that judges stay actions - and the LA legals agree to that - when the matter is the subject of an active planning application.


  • Registered Users, Registered Users 2 Posts: 933 ✭✭✭Furp


    Do you currently have a small driveway? And just want to fill in the garden portion as his would be different?


  • Registered Users, Registered Users 2 Posts: 2,674 ✭✭✭Skatedude


    Would you expect an enforcement action under the circumstances I outlined. ? In my experience not.

    That really depends on your neighbours. Most wouldn't care, but there can always be one that reports everything.


  • Registered Users, Registered Users 2 Posts: 15 half_baked


    Furp wrote: »
    Do you currently have a small driveway? And just want to fill in the garden portion as his would be different?


    No there's just a small gate at the front for pedestrian access. We'd have to knock the wall that's there.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    Again my experience is that judges stay actions - and the LA legals agree to that - when the matter is the subject of an active planning application.

    Ohh I know that. All DCC will put a hold on Enforcement action while an application is being made. It won't even go legal or to a judge. The planning enforcement officer will make that decision with the home owner to give them the chance.


  • Registered Users, Registered Users 2 Posts: 15 half_baked


    kceire wrote: »
    Ohh I know that. All DCC will put a hold on Enforcement action while an application is being made. It won't even go legal or to a judge. The planning enforcement officer will make that decision with the home owner to give them the chance.

    Great info, thanks again everyone.


  • Registered Users, Registered Users 2 Posts: 11 marty-murt


    We're in the same situation terrached house in D6W, recently applied and have been approved to convert our 36m2 front garden to driveway. Before applying I asked the neighbours but to play it safe followed the book, the inconvenience is waiting 3 months for approval for something that takes 3 days to convert (I.e. Garden to gated driveway)


  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    marty-murt wrote: »
    We're in the same situation terrached house in D6W, recently applied and have been approved to convert our 36m2 front garden to driveway. Before applying I asked the neighbours but to play it safe followed the book, the inconvenience is waiting 3 months for approval for something that takes 3 days to convert (I.e. Garden to gated driveway)

    How do the new building regulations affect this work if it requires planning to complete? Does it need the usual sign-offs etc.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    cpoh1 wrote: »
    How do the new building regulations affect this work if it requires planning to complete? Does it need the usual sign-offs etc.

    No Commencement Notice is required for a driveway construction. You will have to adhere to particular regulations around adequate build up material, concrete works and adequate reinforcement in the concrete slab for example, but Building Control would not get involved here (DCC dont).


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  • Registered Users, Registered Users 2 Posts: 15 half_baked


    marty-murt wrote: »
    We're in the same situation terrached house in D6W, recently applied and have been approved to convert our 36m2 front garden to driveway. Before applying I asked the neighbours but to play it safe followed the book, the inconvenience is waiting 3 months for approval for something that takes 3 days to convert (I.e. Garden to gated driveway)

    We're going to play it safe too and go by the book!


  • Banned (with Prison Access) Posts: 616 ✭✭✭duckcfc


    My sister got planning for a house in 2002, moved the driveway to different location and house and perc area to different location on site also. Fast forward a few years and put in for retention for all changes made and was granted. Another year after this she puts in another retention to move the site boundry because she wanted to split the site, sell house and keep half acre, this was granted but with an attachment saying that she has to have the driveway from first planning permission thou this isn't in the new boundry . She hasn't sold the house but is now confused about all it now.


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