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Complaint on persons unknown

  • 16-11-2020 3:40pm
    #1
    Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭


    Hoping for a bit of advice. A house on our road was sold a few months ago and the new owner has launched into the renovations. That's fine but recently a wooden structure has appeared in the front garden butting on to the front wall of the house around a window. As it's taken shape it's obvious they're building a bay/box window, there's spaces for a large window and they've started chiselling away at the surround of the existing one. Construction doesn't look particularly good, it's just nailed onto the existing dash and sitting on the existing bit of concrete/path in the garden.

    The houses in this area are old 1920s construction, while there's plenty with extensions and modifications to the side and rear, none have changed the original facade and render (bar one that is painted). This bay window would change the look of the entire street. I'm assuming that had planning been applied for there's not a chance it would have been successful.

    I'm not totally against unauthorised development, someone down the road is building an offset rear extension which is visible from the front with no permission but I'm not massively bothered because there's plenty of other examples of that around. It's the extra cheek of this being so in your face that annoys me.

    Ideally we'd sort this out without going official but the few times I've tried to make contact I've been snubbed, next-door neighbour had the same experience. They're in general not very respectful to the neighbourhood, doing loud work at all hours and totally blocking the footpath with vehicles so I wouldn't be hopeful of a amicable solution. Also don't want to make a target of myself.

    I'm getting my ducks in a row in case I want to make a complaint, but the form specifies you must have a name for the person doing the work. How necessary is this? And whats the likelyhood of them finding out who made the complaint? Form says it's confidential but complaints are subject to freedom of information requests which sounds like the opposite. We're planning to do an offset extension of our own (with permission!) and would prefer to not have someone object out of spite, or find a car window smashed.


Comments

  • Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    Where is this road based?


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Gumbo wrote: »
    Where is this road based?
    Without being too specific it would fall under Cork City Council's remit.


  • Registered Users, Registered Users 2 Posts: 46,550 ✭✭✭✭muffler


    TheChizler wrote: »
    I'm getting my ducks in a row in case I want to make a complaint, but the form specifies you must have a name for the person doing the work. How necessary is this? And whats the likelyhood of them finding out who made the complaint? Form says it's confidential but complaints are subject to freedom of information requests which sounds like the opposite.
    Im not 100% sure if a name is "legally" required. If you wish to make a complaint then just do the same as the Council would do and stick in "occupier" and "name unknown" when completing the form.

    A lot of data can be obtained by way of a FOI request but there is some data that will never be released and your name falls into the latter.


  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    muffler wrote: »
    Im not 100% sure if a name is "legally" required. If you wish to make a complaint then just do the same as the Council would do and stick in "occupier" and "name unknown" when completing the form.

    A lot of data can be obtained by way of a FOI request but there is some data that will never be released and your name falls into the latter.

    The latter is the theory but there have been cases, documented on this forum, where the LA has sent a copy of the complaint to the object of the objection when sending their letter.

    Op anyone can lodge the complaint so who do you know who lives well away from Cork

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 46,550 ✭✭✭✭muffler


    The latter is the theory but there have been cases, documented on this forum, where the LA has sent a copy of the complaint to the object of the objection when sending their letter.
    Cant say I've seen this mentioned here in the past although I havent been reading many of the posts in recent times. However if that were true then its a serious breach of the Data Protection Act.


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  • Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    TheChizler wrote: »
    Without being too specific it would fall under Cork City Council's remit.

    No that’s fine.
    You need to contact Cork Planning Enforcement Section.

    In writing or email. They require the address of the works and your name and address.


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Thanks all, I just sent off the complaint with my name, using my family address. Hopefully that causes no legal issues. Would prefer to do it all in the open just I've heard stories of abuse and intimidation, not worth the risk. As it's a very small development I can't imagine it will get to the freedom of information/court stage.

    Pity there's no way to tip off the council and they send someone for a look and initiate the complaint themselves.


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Anyone know how long it usually takes the/a council to process a complaint and issue a warning letter? Every time I look out the structure is bigger and getting closer to completion. Half worried once it's complete they'll just apply for retention and get to keep it. Even if that doesn't happen I'd prefer them not to be wasting money on something they'll ultimately have to tear down.


  • Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    TheChizler wrote: »
    Anyone know how long it usually takes the/a council to process a complaint and issue a warning letter? Every time I look out the structure is bigger and getting closer to completion. Half worried once it's complete they'll just apply for retention and get to keep it. Even if that doesn't happen I'd prefer them not to be wasting money on something they'll ultimately have to tear down.

    They will
    Issue a Section 152 letter to the land/building owner.
    They get 4 weeks to reply and arrange an inspection on site.


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    TheChizler wrote: »
    Anyone know how long it usually takes the/a council to process a complaint and issue a warning letter? Every time I look out the structure is bigger and getting closer to completion. Half worried once it's complete they'll just apply for retention and get to keep it. Even if that doesn't happen I'd prefer them not to be wasting money on something they'll ultimately have to tear down.

    There's a famous house in Meath that has been the subject of this forum and news recently. Built without permission several years ago and only just getting sorted.

    Don't expect a speedy resolution if the owner ignores the council and courts.


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  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Gumbo wrote: »
    They will
    Issue a Section 152 letter to the land/building owner.
    They get 4 weeks to reply and arrange an inspection on site.
    Thanks. I can see the council have up to 6 weeks to issue the letter, I'm just hoping they'll get it out in the next day or two, probably wishful thinking on my part!


  • Moderators, Society & Culture Moderators Posts: 40,349 Mod ✭✭✭✭Gumbo


    TheChizler wrote: »
    Thanks. I can see the council have up to 6 weeks to issue the letter, I'm just hoping they'll get it out in the next day or two, probably wishful thinking on my part!

    In Dublin City, it would be same day. Next day at the latest.
    Can’t comment for cork unfortunately.


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