Planning permission query

El Gato De Negocios

Hi.

Just looking for a steer from someone that may know. I am looking at purchasing a property however the EA has flagged something that could be an issue.

Basically the house was built approx 20 years ago and the wall at the front of the house is that really old stone built type wall and is fairly close to the road, as is the entrance to the property.

The EA said that planning laws mean that the wall and gateway should have been 3 metres back from the road however as 12 years have passed, this cannot be enforced. Apparently the issue would likely arise again if the owner was to apply for planning for something at a future date. Now the house is stunning and of such size we would not need to add an extension but the entrance has no gate on it. We have two toddlers so a gate would simply have to go in.

There are no pillars either side of the entrance and the entrance itself is at least 4 metres wide so at a minimum both pillars would need to be built and possibly one of the walls lengthened too. Attached is a screen grab of the wall to give an idea of its proximity to the road.

What (if any) issues are there if one is adding to an existing structure such as this ie would planning be required?

punisher5112

Sliding gate....

JimmyMW

Statutory Ape wrote: »

Hi.

Just looking for a steer from someone that may know. I am looking at purchasing a property however the EA has flagged something that could be an issue.

Basically the house was built approx 20 years ago and the wall at the front of the house is that really old stone built type wall and is fairly close to the road, as is the entrance to the property.

The EA said that planning laws mean that the wall and gateway should have been 3 metres back from the road however as 12 years have passed, this cannot be enforced. Apparently the issue would likely arise again if the owner was to apply for planning for something at a future date. Now the house is stunning and of such size we would not need to add an extension but the entrance has no gate on it. We have two toddlers so a gate would simply have to go in.

There are no pillars either side of the entrance and the entrance itself is at least 4 metres wide so at a minimum both pillars would need to be built and possibly one of the walls lengthened too. Attached is a screen grab of the wall to give an idea of its proximity to the road.

What (if any) issues are there if one is adding to an existing structure such as this ie would planning be required?

Yes the statute of limitations has passed, however the planning issue remains, without the planning being regularized ie retention, this property will not be mortgageable. If there were no planning issues i dont think you would need planning to put up gates, check planning leaflet PL.5

Poor Uncle Tom

Not criticizing, just saying.

That's a regional road you're exiting onto without adequate sightlines, unless you are within a speed restricted zone, that's about as dangerous as it gets. Planning conditions are actually there for a very good reason.

Is there any reason the condition can't be complied with before a sale goes through?

rayjdav

/\/\/\/\/\

To add to PUT, there appears to be an ESB/Telecom pole right where you need to splay an entrance and have clear sight. Not going to work without removing the pole €€€€€. Also very close to neighbours boundary so to get clear sightlines from that picture is going to be very hard.

El Gato De Negocios

Poor Uncle Tom wrote: »

Not criticizing, just saying.

That's a regional road you're exiting onto without adequate sightlines, unless you are within a speed restricted zone, that's about as dangerous as it gets. Planning conditions are actually there for a very good reason.

Is there any reason the condition can't be complied with before a sale goes through?

Dont worry PUT, Im not the sensitive type!

Basically the vendor does not want to do it ie make the relevant adjustments. The property is only being sold due to a bereavement and the vendor is endeavoring to sell without having to sort out this matter, whether they are successful remains to be seen unless they sell to a cash buyer. I have consulted with a family member that is in the planning business and he has given me some good information. Upon reflection, its absolutely something that we would do ie pull back the wall to the required distance and give as much visibility as possible were we to buy the house however we require a mortgage and if there are issues with the planning then a mortgage most likely wont be granted.

BryanF

Statutory Ape wrote: »

Dont worry PUT, Im not the sensitive type!

Basically the vendor does not want to do it ie make the relevant adjustments. The property is only being sold due to a bereavement and the vendor is endeavoring to sell without having to sort out this matter, whether they are successful remains to be seen unless they sell to a cash buyer. I have consulted with a family member that is in the planning business and he has given me some good information. Upon reflection, its absolutely something that we would do ie pull back the wall to the required distance and give as much visibility as possible were we to buy the house however we require a mortgage and if there are issues with the planning then a mortgage most likely wont be granted.

Not necessarily, the lender may simply hold back a portion of the mortgage until the works are completed. this happens, buyer applies and carries out work in a timely manner, typically a year or so.

I’d argue the seller should be docked the same amount.