Retention

DC Jim

I built and extension onto my house about 9 years ago, at the time I didn't realize that the Architect had forgot to apply for a driveway when submitting the planning application. I built my extension and went ahead and did my driveway and walls around my property,but when I went to get the pavement dished (lowered) I was told I didn't have planning for this and would need to apply for retention, I went ahead got the Architect to apply for retention, which cost me 800 euro. I was told I would have to reduce the opening by 600mm and dig up an area of 1.5m x6m of concrete and put back grass. by doing this I would not be able to get my wife's car and my own car off the road, which was the reason for doing this in the first place, as I live on a corner, opposite a green where kids play. Any advice?

Aard

Not much you can do really. Sounds like the architected fcuked up and ended up costing you a lot of time, money and effort.

There's very little chance of being given permission for a widened driveway entrance. You might be able to get around having to replant lawn by installing permeable paving.

pixbyjohn

As you have the driveway 9 years now and if you decide not to dish the pathway then you won't have to apply for retention of driveway. Once you apply for any permission the council can ask you to get all your property within planning permission. You could apply to An Bord Pleanala to overturn the council's decision. Doesn't look like there is any easy way out of your situation other than leaving the lowering of the driveway unfortunately.

DC Jim

As I have it 9 years would the council still look for planning permission to dish the pavement?

Gumbo

DC Jim wrote: »

As I have it 9 years would the council still look for planning permission to dish the pavement?

Yes. You will never be able to dish the pavement or sell the property without the retention permission being rectified.
Having it 9 years only helps you in that the planning enforcement section will no Perdue enforcement issues with you although that may change now as the conditions attached to your retention application may be actionable.

Poor Uncle Tom

kceire wrote: »

Yes. You will never be able to dish the pavement or sell the property without the retention permission being rectified.
Having it 9 years only helps you in that the planning enforcement section will no Perdue enforcement issues with you although that may change now as the conditions attached to your retention application may be actionable.

Just to clarify that this isn't entirely the case.

While having problems with a property, planning issues, boundary issues, etc., will limit your pool of potential buyers as any financial institution is unlikely to lend on a property where there are issues, a cash buyer may wish to proceed with a property purchase, especially if they are getting a very good deal price wise.

The current property market for one-off housing is seeing lots of activity from cash buyers. I have seen two jobs come through the office recently for retention applications from new house owners who bought knowing there were problems but managed to negotiate a better price because of it.

Gumbo

Poor Uncle Tom wrote: »

Just to clarify that this isn't entirely the case.

While having problems with a property, planning issues, boundary issues, etc., will limit your pool of potential buyers as any financial institution is unlikely to lend on a property where there are issues, a cash buyer may wish to proceed with a property purchase, especially if they are getting a very good deal price wise.

The current property market for one-off housing is seeing lots of activity from cash buyers. I have seen two jobs come through the office recently for retention applications from new house owners who bought knowing there were problems but managed to negotiate a better price because of it.

Sorry, PUT is completely correct. I should have worded it that you 'may' face issues when selling and a cash buyer buyer will have to clued up on the planning process or they may walk.

If the buyer is being financed by a bank then they will most likely require a survey which will highlight any planning issues and the solicitor will find any planning applications relating to the property and should follow up on these to ensure all conditions are met and they are compliant.

Poor Uncle Tom

Normally, I wouldn't be that pedantic but I have noticed a huge change in recent years and cash buyers are the only thing that has actually kept the rural dwelling sales market afloat in recent times. 5 of 6 years ago, it wasn't the case.

Gumbo

Poor Uncle Tom wrote: »

Normally, I wouldn't be that pedantic but I have noticed a huge change in recent years and cash buyers are the only thing that has actually kept the rural dwelling sales market afloat in recent times. 5 of 6 years ago, it wasn't the case.

With planning law and its associated counterparts, it pays to be pedantic as the true meaning in the law is read between the lines!!!!