Planning enforcement issue

Jacklad71

Hi, I am looking for advise regarding a planning issue. For years I have been fighting against a development of a house that is being built directly beside my property. Finally an bord pleanala decided to approve the development which allowed for the house to be built with a small lean to extension to the rear, 6 m from my boundary with a bathroom wall 8 m from my boundary and the bedroom window minimum 10m from my boundary. The development has started and I have two specific problems with what is being built....
1. They have decided to change the small lean to to a much larger flat roof construction which is 4m from my boundary and is 4 m high as opposed to the 2.4m shown on the drawings. This leaves a garden size of approx 40m2 which is less than the min size allowed under the directive which is 60m2. I am aware that you dont need planning permission for an extension less than 40m2 but can this be done as part of a new build and contrary to the planning permission?
2. I have measured the distance from my boundary with a laser measure and the bedroom window wall is actually 9.3 m as opposed to the minimum 10m stated in the planning order. Is this something that the planning Inforcement will act on?
I have tried with little success to find out from the council where I stand and I have been told that an inspector will be sent out sometime in the future but will this be too late as the house is being build at a very fast pace.
Genuine advise would be appreciated.

Gumbo

Make the complaint in writing or email to your planning enforcement section.
They will inspect it n due course, but there’s a legal process that must be followed and that’s very strict with regards to initial letter, time frame to inspection and subsequent enforcement ,enter if it gets that far.

It doesn’t matter how far into the build it gets, if they are in the wrong they will have to regularise by way of planning or reinstatement to what was granted.

Jacklad71

Thank you, I have sent several emails and an official complaint on the complaint forms I got from the council. I included photos with marked measurements etc and even got talking to someone in enforcement in the council but they couldn’t tell me if what was being built was contrary to the planning permission they have received. Very frustrating. I would have thought it either is or it isn’t....

Gumbo

Jacklad71 wrote: »

Thank you, I have sent several emails and an official complaint on the complaint forms I got from the council. I included photos with marked measurements etc and even got talking to someone in enforcement in the council but they couldn’t tell me if what was being built was contrary to the planning permission they have received. Very frustrating. I would have thought it either is or it isn’t....

That’s what the inspection is for.
In fairness, I wouldn’t confirm over the phone either whether something appeared to be a breach of planning or not.

You make the complaint, once is enough. The inspector will follow up. A Section 152 warning letter is sent out the same week as you make the complaint but it legally has to give the owner 4 weeks to respond. The department has to be reasonable also, so if the owner was t9 call in and say I got the letter but I’m away for 2 weeks, can we meet then, the council will agree as they have to be seen to be reasonable.

Jacklad71

I wasn’t aware they had 4 weeks to respond, in fact I didn’t know they had to respond at all I thought the complaint was just followed up by the enforcement officer, they did tell me the warning letter had been sent though.i guess I’ll just have to wait until it all plays out..still a bit frustrating not knowing if what they are doing is right or not, can’t imagine this is the first time this has happened. Thanks again for your advice...very helpful

chippers

Jacklad71 wrote: »

I wasn’t aware they had 4 weeks to respond, in fact I didn’t know they had to respond at all I thought the complaint was just followed up by the enforcement officer, they did tell me the warning letter had been sent though.i guess I’ll just have to wait until it all plays out..still a bit frustrating not knowing if what they are doing is right or not, can’t imagine this is the first time this has happened. Thanks again for your advice...very helpful

Have a read of 'A Guide to Planning Enforcement in Ireland' at the attached link:

https://www.housing.gov.ie/search/archived/current?query=planning+enforcement


it should answer a lot of questions you may have

Jacklad71

Thanks chippers I will do that...

Jacklad71

Chippers read through that and it was exactly what I needed to know...thanks

chippers

Jacklad71 wrote: »

Chippers read through that and it was exactly what I needed to know...thanks

good stuff - it's a lot more digestable than reading through legislation!