Warning Notice - Planning Enforcement

Kigera

Aggrieved neighbour has complained to Council stating that the extension built is higher than the dimensions granted in the planning permission. Currently only the blockwork is complete. Both Engineer and I believe that the blockwork is built to planning dimensions. Enforcement Officer inspected, and at site visit appeared to have no issues. However in correspondence following they stated that not enough of the structure is complete to make a decision at this time, to continue building and they will re-inspect in 3 months.

My issue with this is that the blockwork has a parapet wall and so that is the highest point. If I continue with build and Council subsequently find that I exceed the granted dimensions, then I presume I have to remove roof, blockwork, etc and rebuild to granted dimensions. I was also informed by the Enforcement officer on his site visit that I am fortunate complaint came in now, as if the structure was substantially finished and i did exceed the dimensions, then there is a fine of €1500, however as only blockwork worst case is to amend blocks. I am reluctant to continue with build until judgement made, but it appears Coucil are hesitant in doing this.

Has anyone had a similar experience? Do the council allow a margin of error with heights? Should the Council be giving a judgement on the compliant before continuing with build?

PhilOssophy

Do you have an architect on the job?
Don't lay another block until it is clarified I say

Calahonda52

Is the parapet wall up to its full height c/w capping ?

Is there a height difference between you and the neighbour, where they are lower on their side of the new wall?

Kigera

Calahonda52 wrote: »

Is the parapet wall up to its full height c/w capping ?

Is there a height difference between you and the neighbour, where they are lower on their side of the new wall?

Yes parapet wall is up to its full height. All blockwork completely finished with just roof to install pour finished floor.

Yes there would be a height difference (neighbour patio lower) which is why I can understand somewhat why neighbour could think it is higher. However Finished Floor Level (FFL) was pointed out to Enforcement Officer on inspection - DPC level.

Kigera

PhilOssophy wrote: »

Do you have an architect on the job?
Don't lay another block until it is clarified I say

No Architect for build, have a civil and structural Engineer. Extension is single story and very small - extension would of been exempt development planning except for lack of open space to rear of property so had to apply for planning.

All blockwork is finished. Was hoping to have roof on and weather tight before weather turns bad but this lack of a decision is stopping that from happening.

JimmyMW

Kigera wrote: »

No Architect for build, have a civil and structural Engineer. Extension is single story and very small - extension would of been exempt development planning except for lack of open space to rear of property so had to apply for planning.

All blockwork is finished. Was hoping to have roof on and weather tight before weather turns bad but this lack of a decision is stopping that from happening.

Surely a floor level for the new extension was given in relation to the existing floor/house? then there should be a dim or level from FFL to the highest part of the new build on the planning drawings, it should be easy to show if your complying or not.

Gumbo

Kigera wrote: »

Aggrieved neighbour has complained to Council stating that the extension built is higher than the dimensions granted in the planning permission. Currently only the blockwork is complete. Both Engineer and I believe that the blockwork is built to planning dimensions. Enforcement Officer inspected, and at site visit appeared to have no issues. However in correspondence following they stated that not enough of the structure is complete to make a decision at this time, to continue building and they will re-inspect in 3 months.

My issue with this is that the blockwork has a parapet wall and so that is the highest point. If I continue with build and Council subsequently find that I exceed the granted dimensions, then I presume I have to remove roof, blockwork, etc and rebuild to granted dimensions. I was also informed by the Enforcement officer on his site visit that I am fortunate complaint came in now, as if the structure was substantially finished and i did exceed the dimensions, then there is a fine of €1500, however as only blockwork worst case is to amend blocks. I am reluctant to continue with build until judgement made, but it appears Coucil are hesitant in doing this.

Has anyone had a similar experience? Do the council allow a margin of error with heights? Should the Council be giving a judgement on the compliant before continuing with build?

What’s the measurement as shown on the planning drawings?
What’s the measurement on site?

This really is simple, your either higher or in line with your planning.

mickdw

I guess the wording coming back from the council is a standard kind of thing seeing as wirks are not complete. Council couldnt really state that works are compliant full stop when not complete so they are basically saying that they are happy with whats done to date and will confirm compliance after another visit on completion.

Kigera

Yes FFL is as per rest of house and my engineer confirms actual dimensions of the build is as per the planning.
Council hasn’t confirmed that the current work is ok. By not giving any indication in writing and holding off on this confirmation for another inspection in 3 months is not desirable. My thoughts are the complaint is against height of build, the build is only to finished block work at this stage so that’s all the complaint can Ben against! I don’t see a reason why the council can’t make a determination on the complaint since blockwork is complete

BryanF

Well then, get your engineer to confirm same to council

looksee

Our experience was that once it was an engineer or architect approaching the planning office - for whatever reason - they were approachable and willing to sort things. They are (understandably) not too happy wasting time trying to explain to non-professionals what they could explain to an engineer etc in minutes.

Gumbo

Kigera wrote: »

Yes FFL is as per rest of house and my engineer confirms actual dimensions of the build is as per the planning.
Council hasn’t confirmed that the current work is ok. By not giving any indication in writing and holding off on this confirmation for another inspection in 3 months is not desirable. My thoughts are the complaint is against height of build, the build is only to finished block work at this stage so that’s all the complaint can Ben against! I don’t see a reason why the council can’t make a determination on the complaint since blockwork is complete

Council are doing the right thing by referring the file back in 3 months.
They can’t make a decision at the moment due to ongoing works.

Continue along in compliance with the planning and you’ll be fine.