Advice Please: Enforcement Complaint

StanDaMan

Hi Folks,

Trying to get my head around this Enforcement Complaint process with Wicklowcoco and not having very much impact to date around getting a straight answer, any advise is much appreciated.

Myself and Neighbour have submit Enforcement Complaints regarding an attic conversion on a house that backs on to ours, our main complaint is that they have added 5 x Velux windows to roof structure of which one large velux that sits very low which over looks us at 1st Floor \ Ground Floor and garden areas.

Now heres the issue.

They only have planning permission for 4 windows and have been contacted by wickowcoco around the extra window,they dont seem too interested however in our complaint around the lower window looking over us.

Planning Reports submit and signed of by them had this criteria and we are asking them to enforce points 2 and 3. (with no luck)
1), Criteria specify set amount of velux windows, which is incorrect.
2), Criteria specify proposed skylights to the rear will not adversely impact on residential amenity by reason of overlooking over and above, which is incorrect
3), Criteria specify a number of dwellings in the vicinity have large skylights servicing the attic space and are in keeping with similar conversions in the estate, which is incorrect

So heres my question1:

1), Yes we did not object when the attic was being built because criteria 2), and 3) above was supposed to ensure we where not overlooked etc, who is responsible for following up and enforcing this.

2),If they apply for a retention for currant state is that only against the one window they did not get planning permission for or would it be the whole roof structure.

Many Thanks
Stan

Gumbo

StanDaMan wrote: »

So heres my question1:

1), Yes we did not object when the attic was being built because criteria 2), and 3) above was supposed to ensure we where not overlooked etc, who is responsible for following up and enforcing this.

2),If they apply for a retention for currant state is that only against the one window they did not get planning permission for or would it be the whole roof structure.

Many Thanks
Stan

1) You have to make an official complaint to Planning Enforcement in writing outlining the issues and giving your full name and address. This can be by post, by hand, email or fax. Planning Enforcement are responsible for complaints and checking compliance with any conditions attached. It takes time though, and there's a legal process to follow with strict time periods allowable to the home owner. When did you lodge the complaint?

2) Retention will only be for the one window considering they have planning for the rest.

Angry bird

The additional roof light may be considered by the enforcement section as being minor works considered exempt from planning or may consider that retention permission is required. Ring the Council, look to speak to the supervisor in enforcement and see have they an update on their enforcement file.

StanDaMan

Thanks for the reply,

We submit the 2 x Enforcement Complaints on the 11th November with our complaints, along with pictures etc to highlight the issue.

Wicklowcoco has since sent a letter to the house involved advising that they are missing planning permission for one of the smaller velux windows, Its does not however address our issue with the lower window that has been put in and as far as we are concerned does not meet specefied criteria detailed in planing report wicklowcoco has signed off on and should be enforcing.

There last corrospondane to me today details the following which looks like a complete fob off:
**********************************************************************

Retention Permission will be required for the development as constructed. This should include the retention of all skylights to the front and rear of the dwelling.

On lodgment of a planning application an individual is entitled to make an submission/observation subject to the prescribed fee of €20 within the first 5 weeks after lodgement.

In the event that you are unhappy with any decision of the Planning Authority you may appeal such a decision to An Bord Pleanala.

The Planning Authority has no further comment to make in relation to this issue at this time

sydthebeat

its most likely the "lower" window was put in in order to comply with fire escape regulations.

seeing as they already had permission for other rooflights to the rear, id expect a retention application to be granted smoothly enough

Gumbo

StanDaMan wrote: »

Thanks for the reply,

We submit the 2 x Enforcement Complaints on the 11th November with our complaints, along with pictures etc to highlight the issue.

Wicklowcoco has since sent a letter to the house involved advising that they are missing planning permission for one of the smaller velux windows, Its does not however address our issue with the lower window that has been put in and as far as we are concerned does not meet specefied criteria detailed in planing report wicklowcoco has signed off on and should be enforcing.

There last corrospondane to me today details the following which looks like a complete fob off:
**********************************************************************

Retention Permission will be required for the development as constructed. This should include the retention of all skylights to the front and rear of the dwelling.

On lodgment of a planning application an individual is entitled to make an submission/observation subject to the prescribed fee of €20 within the first 5 weeks after lodgement.

In the event that you are unhappy with any decision of the Planning Authority you may appeal such a decision to An Bord Pleanala.

The Planning Authority has no further comment to make in relation to this issue at this time

Let the process go though before you jump the gun.
You made the complaint on the 11th October. (I assume you made a typo)
Planning Enforcement send a letter within a few days outlining the nature of the complaint and giving the home owner 4 weeks to reply.
After that an inspection will take place and the Enforcement Officer will then advise if the works are Section 41H (minor alterations not requiring planning) or if retention is advised.

StanDaMan

sydthebeat wrote: »

its most likely the "lower" window was put in in order to comply with fire escape regulations.

seeing as they already had permission for other rooflights to the rear, id expect a retention application to be granted smoothly enough

Yes I would agree the lower window is a fire escape window, on the inside attic space (when opened) is adult knee hight so we have on occasion family and kids peering down surveying there surroundings :-(

Does the fact the planning report had set criteria not mean anything with regards to

2), Criteria specify proposed skylights to the rear will not adversely impact on residential amenity by reason of overlooking over and above, which is incorrect
3), Criteria specify a number of dwellings in the vicinity have large skylights servicing the attic space and are in keeping with similar conversions in the estate, which is incorrect

StanDaMan

kceire wrote: »

Let the process go though before you jump the gun.
You made the complaint on the 11th October. (I assume you made a typo)
Planning Enforcement send a letter within a few days outlining the nature of the complaint and giving the home owner 4 weeks to reply.
After that an inspection will take place and the Enforcement Officer will then advise if the works are Section 41H (minor alterations not requiring planning) or if retention is advised.

Appologies, Yes the 11th October we submit the 2 x Enforcements,

The issue I have at the moment is I want to ensure my complaint is noted and acted on within the right planning stage, my gut feeling is Enforcement are fobbing this off and by the time it gets to the retention point its too late to do anything.

Tks

Angry bird

So warning letter sent therefore the Council has not dismissed the complaint as being frivolous. Their letter looks pretty standard and gives the other person a chance to reply, all normal. Next stage is for an inspector to make an inspection and make recommendations from there, whatever they may be.

Gumbo

StanDaMan wrote: »

Appologies, Yes the 11th October we submit the 2 x Enforcements,

The issue I have at the moment is I want to ensure my complaint is noted and acted on within the right planning stage, my gut feeling is Enforcement are fobbing this off and by the time it gets to the retention point its too late to do anything.

Tks

Planning Enforcement have a legal and statutory obligation to follow through on all complaints lodged, hence the 90 year old in court for a Sky dish recently.

They will follow though on it, the retention application is a totally different process to the complaint. The retention will have to go in the paper, site notice erected, and plans lodged for a full application, at that stage you will also get your chance to object to the works. just keep your eye on their website to see if a retention was lodged.

Also, it may be just me, but I'm finding it hard to follow what the conditions of the original planning application are. Can you post a Reg Ref number or if you want to, even post the full text of the grant of permission with address covered out. The Planning Report means nothing if it wasn't added as a condition to the grant of planning.

BryanF

kceire wrote: »

Planning Enforcement have a legal...... Can you post a Reg Ref number or if you want to, .

Don't post the ref number please

Gumbo

BryanF wrote: »

Don't post the ref number please

Sorry Bryan, bad wording on my part, when I say the ref number, I mean the planning ref number that's on the public website so we can see the conditions attached to the original planning application, not the Plan Enf ref no.

Gerryww

StanDaMan wrote: »

Appologies, Yes the 11th October we submit the 2 x Enforcements,

The issue I have at the moment is I want to ensure my complaint is noted and acted on within the right planning stage, my gut feeling is Enforcement are fobbing this off and by the time it gets to the retention point its too late to do anything.

Tks

Stan,

Your complaint has been noted and acted upon, as you said the council have sent a letter to the party involved, there is now a process to be followed which has been outlined above. It will boil down to whether or not the enforcement team view it as a minor issue or one which will require retention permission thereby allowing you to make submissions etc etc.

It might be a bit late in the day but have you considered approaching the owners and voicing your concerns. It might be possible to come to an agreement which would negate the need further pursue official channels.

One solution that springs to mind is the installation of obscured glass for as the large window is at a low height it would be unlikely to offer significant views for fully grown adults. Altough late in the day it might be worth having the conversation for the sake of future neighbourly relations.

Gumbo

+1 Gerry.

Even the obscured window film can be stuck on internally at minimal cost.