In the end, what's to make me move a sight lines wall?

ttowncat

I have written permission to move and set back a neighbour's wall so as to achieve required sight lines. I'm just wondering what would be the reason/policing/punishment/risks that will make me actually follow through with moving the wall as the house build starts?

I'm guessing the reasoning the council want this to happen is that in the event that a child or car came out the driveway entrance an had an accident on the road it could be proved that the accident was preventable if the veil of visibilty and sightlines were properly done. This would give legal and insurance problems for whom?

Gumbo

ttowncat wrote: »

I have written permission to move and set back a neighbour's wall so as to achieve required sight lines. I'm just wondering what would be the reason/policing/punishment/risks that will make me actually follow through with moving the wall as the house build starts?

I'm guessing the reasoning the council want this to happen is that in the event that a child or car camera out the driveway entrance an had an accident on the road it could be proved that the accident was preventable if the veil of visibilty and sightlines were properly done. This would give legal and insurance problems for whom?

Legal problems to you as the developer.

How will you get certification or sign off?

ttowncat

Who signs off on all this?
Is this like one of the parts of building control e.g. part L, part M etc?
Does the bank mortgage draw downs rely on it?

The reason I'm asking is because you see a lot of one off builds around the local area that don't move poles, fences and ditches even though they were supposed to. Am i right in saying that after 7 years the conditions lapse.?

Thanks

Calahonda52

Written permission from whom?
7 year limit is on enforcement, the problem still persists, and will impact on future sale of house.

Does the following apply?
http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3

ttowncat

Have written permission from the adjoining neighbour, who owns the wall, to move it back.

Edward M

ttowncat wrote: »

Have written permission from the adjoining neighbour, who owns the wall, to move it back.

Needs to be a legal document I'd say.

sydthebeat

Edward M wrote: »

Needs to be a legal document I'd say.

Not necessarily.

A signed written letter suffices for planning

Penn

ttowncat wrote: »

I have written permission to move and set back a neighbour's wall so as to achieve required sight lines. I'm just wondering what would be the reason/policing/punishment/risks that will make me actually follow through with moving the wall as the house build starts?

I'm guessing the reasoning the council want this to happen is that in the event that a child or car came out the driveway entrance an had an accident on the road it could be proved that the accident was preventable if the veil of visibilty and sightlines were properly done. This would give legal and insurance problems for whom?

One of, if not the very first condition attached with your planning permission is that you will construct the development in accordance with the documents submitted. As you have submitted plans to move your neighbour's wall (with their permission to do so), you do not have planning permission unless you actually do so.

If you construct the house without also doing the wall, your entire development does not have planning permission. It's highly unlikely you will find a registered professional to sign off and certify the works, which means it's highly unlikely your mortgage provider will release the last stage payment for the works. Even if you're self-funding the project, if you can't get a professional to certify that the works are in accordance with planning permission, you will struggle to sell the property years down the line without going for retention permission for same (which you would be unlikely to get imo).

Notwithstanding the fact that if you build without complying with the conditions of your planning, the Council can issue an enforcement notice which can lead to the issuing of fines.

Regarding the seven year rule, it means the Council cannot issue enforcement proceedings after 7 years. However, it does not mean the development then has planning permission. As before, you will still not have planning permission for the development as a whole, will cause significant issues in the event of trying to refinance against the property, sell the property, try to change the property (such as an extension), or even in the event of significant fire damage to your property (if a house was significantly damaged in the event of a fire and had to be rebuilt, you can do so without going for planning permission again so long as you rebuild it as it was, however you wouldn't be able to do so if your house didn't have planning permission, which if you didn't comply with the sightlines issue, you won't have).

If you do anything to the property which brings it back into the planning system, the 7-years is gone and the Council can once again issue enforcement proceedings. Likewise, if you go for retention after the 7 year period, the Council can issue conditions that the wall has to be moved back as per the original planning.

It's not about protecting themselves regarding insurances or liability in the event of an accident. It's about public safety and compliance with the Planning Acts. If you wish to build your house, you have to comply with the conditions attached to same. The onus for that is entirely on you.

JoeA3

I had a pre-planning meeting myself a couple of months ago and the planner was very hung up on the sight-lines issue. They no longer accept letters of consent from the landowner that works will be completed, as they are fed up of "forged letters" and works never getting carried out. The sight lines requirement has to form part of the application itself - letters from landowner are not sufficient.

This is in Galway, I'm sure the rules vary from one county to another.

Metric Tensor

The "sight-lines" rule is there to protect you, the applicant, and other road users. If a family member pulls out in front of a fully laden articulated lorry because they can't see it coming (due to the hedge you never cut back) will you be happy enough at the funeral that you saved a few quid by not moving the hedge?

Also:
1. The person who signs for the mortgage drawdowns will not do so unless you set the hedge back.
2. Any potential future sale might fall through due to non-compliance.
3. If you leave the house to your kids they won't be able to sell it or finance living in it unless you set the hedge back.
4. If you don't do it now and try to do it in future will your neighbour still acquiesce? You could be forever non-complaint.

But points one to four should pale into insignificance when you consider the safety of your family driving in and out that gate at least twice a day every day for 40-50 years.