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wall on site is wrong. planning issue

  • 18-07-2015 9:45pm
    #1
    mcneil
    Banned (with Prison Access) Posts: 332 ✭✭


    I was granted planning 15 years ago for a rural house, septic tank, percolation area etc... and in my conditions my front wall is supposed to be back 4.5m(14ft) from the road. The block layers built it 3.6m from the road! I've only noticed this after wanting to put some stone facing on it that will bring me out another 150mm towards the road.

    What I'm looking to know, how important is this and especially if I go to sell the house. Will I be made to knock and redo it. This road I leave my site to is a small culdesac in the countryside so no road widening will be getting done anytime in the next decade or 2 just to give you a perspective of the importance of it in road terms.

    While I'm getting some free stone for this wall, I'm abit iffy of putting it up around this block wall now that this issue has arose.


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    You are outside of the window for planning enforcement action, but if it was to come to light the site is technically in a state of non compliance.

    A diligent researcher/surveyor working on behalf of a prospective seller may spot it and it could stop a sale going through.

    You now have 2 options.

    Fix the walk to what was granted planning.
    Apply for retention permission for the wall in its current position.

    Either way you should do them now and in good time before any thoughts of selling materialise as it could take some time to fix and you don't want that being rushed in during a possible sale process.


  • #3
    mcneil
    Banned (with Prison Access) Posts: 332 ✭✭mcneil


    kceire wrote: »
    You are outside of the window for planning enforcement action, but if it was to come to light the site is technically in a state of non compliance.

    A diligent researcher/surveyor working on behalf of a prospective seller may spot it and it could stop a sale going through.

    You now have 2 options.

    Fix the walk to what was granted planning.
    Apply for retention permission for the wall in its current position.

    Either way you should do them now and in good time before any thoughts of selling materialise as it could take some time to fix and you don't want that being rushed in during a possible sale process.

    If I apply for retention, will I get granted because isn't all walls supposed to be 14ft from the road?


  • #4
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    mcneil wrote: »
    If I apply for retention, will I get granted because isn't all walls supposed to be 14ft from the road?

    Nobody here can answer that unless you go for a ore planning meeting with the area planner.


  • #5
    Quazzie
    Registered Users, Registered Users 2 Posts: 29,311 ✭✭✭✭Quazzie


    Are you measuring from the centre of the road or the edge of the road. I think that the 4.5M measurement would be from the centre of the road.


  • #6
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    Quazzie wrote: »
    Are you measuring from the centre of the road or the edge of the road. I think that the 4.5M measurement would be from the centre of the road.

    If it's mentioned on a condition of a planning permission, it is usually taken as being from the metalled edge of the road, basically it is all in the wording of the condition.
    kceire wrote: »
    You are outside of the window for planning enforcement action, but if it was to come to light the site is technically in a state of non compliance.

    And while you have a non compliant site, none of the other planning exemptions can apply.
    kceire wrote: »
    A diligent researcher/surveyor working on behalf of a prospective seller may spot it and it could stop a sale going through.

    It's a pretty basic one to spot as it is a condition of the original planning permission.
    kceire wrote: »
    You now have 2 options.

    Fix the walk to what was granted planning.
    Apply for retention permission for the wall in its current position.

    Either way you should do them now and in good time before any thoughts of selling materialise as it could take some time to fix and you don't want that being rushed in during a possible sale process.

    Option A would be the preferred option, imo. The property was actually never compliant with planning permission, as the entrance forms an integral part of the permission and this was never correct, therefore any works carried out in the last 15 years will also need retention, as they were carried out to a site containing unauthorised works, regardless of whether the unauthorised works were detected or not.

    All this without taking account of 15 years use of a non compliant entrance, consider the insurance implications if an accident occurred at the entrance involving somebody using it, and insurance companies were to be made aware of it!


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  • #7
    mcneil
    Banned (with Prison Access) Posts: 332 ✭✭mcneil


    Quazzie wrote: »
    Are you measuring from the centre of the road or the edge of the road. I think that the 4.5M measurement would be from the centre of the road.

    4.5m from outer edge of road. I think the blocklayers have measured it from the center like you suggest :(


  • #8
    mcneil
    Banned (with Prison Access) Posts: 332 ✭✭mcneil


    Poor Uncle Tom wrote: »
    If it's mentioned on a condition of a planning permission, it is usually taken as being from the metalled edge of the road, basically it is all in the wording of the condition.



    And while you have a non compliant site, none of the other planning exemptions can apply.



    It's a pretty basic one to spot as it is a condition of the original planning permission.



    Option A would be the preferred option, imo. The property was actually never compliant with planning permission, as the entrance forms an integral part of the permission and this was never correct, therefore any works carried out in the last 15 years will also need retention, as they were carried out to a site containing unauthorised works, regardless of whether the unauthorised works were detected or not.

    All this without taking account of 15 years use of a non compliant entrance, consider the insurance implications if an accident occurred at the entrance involving somebody using it, and insurance companies were to be made aware of it!

    6 or 7 people use this culdesac and if there was ever an accident, no ones going to claim thou It has raised a red flag for me. But in saying that, wouldn't the meter have to be the cause of the accident for it to warrent a claim rather than the spot of where it happened.


  • #9
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    mcneil wrote: »
    6 or 7 people use this culdesac and if there was ever an accident, no ones going to claim thou It has raised a red flag for me. But in saying that, wouldn't the meter have to be the cause of the accident for it to warrent a claim rather than the spot of where it happened.

    It will probably never be an issue as it hasn't been up to now, and the insurance policies own exclusions would determine if it were ever an issue, or even if it were picked up should there ever be an accident.

    I was just pointing out that non compliance with conditions can have knock on effects.


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