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Refuting county council fees

  • 01-07-2021 9:25am
    #1
    Posts: 0 ✭✭ [Deleted User]


    Hello all.


    My wife and I are renovating an existing house that is already inhabited by her mother and part of it will continue to be inhabited by her. The county council have requested that we pay 5000 euro in fees for road maintenance, and so on. I'd understand the fees if a new house was built on a once empty plot, but for renovating an already existing property?



    What do you think, can I refute these charges and how would I go about this?


Comments

  • Registered Users Posts: 101 ✭✭ yurtyaherne


    What is the scope of the proposed works?

    The majority of just renovations would not require permission/development contributions. Is the original dwelling being extended?

    The only method of refuting a development contribution is appeal the specific condition to An Bord Pleanala


  • Posts: 0 ✭✭ [Deleted User]


    What is the scope of the proposed works?

    The majority of just renovations would not require permission/development contributions. Is the original dwelling being extended?

    The only method of refuting a development contribution is appeal the specific condition to An Bord Pleanala


    We applied for retention of the original plans (which included extending the attic into a living space) and we'll be converting that space to a living space We had to apply for planning permission for dormer windows.



    The original dwelling is getting extended (attic to a living space), but these plans were in the original application (submitted over 20 years' ago).


  • Registered Users Posts: 101 ✭✭ yurtyaherne


    We applied for retention of the original plans (which included extending the attic into a living space) and we'll be converting that space to a living space We had to apply for planning permission for dormer windows.



    The original dwelling is getting extended (attic to a living space), but these plans were in the original application (submitted over 20 years' ago).

    If they were in the original plans 20 years ago as standard storage space, and you were now converting it to habitable space then the additional floor area would be liable for contributions in my opinion.


  • Subscribers Posts: 36,214 ✭✭✭✭ sydthebeat


    what local authority?


  • Posts: 0 ✭✭ [Deleted User]


    sydthebeat wrote: »
    what local authority?


    A county council planning department in the south-east of the country.


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  • Subscribers Posts: 36,214 ✭✭✭✭ sydthebeat


    A county council planning department in the south-east of the country.

    need to know the specific local authority, as each authority has different development contributions policies.


  • Moderators, Society & Culture Moderators Posts: 31,241 Mod ✭✭✭✭ Gumbo


    A county council planning department in the south-east of the country.

    If you want an answer here you have to provide the details. Each LA has their own criteria for contributions.

    Also, retention applications cannot enjoy the exemption from contributions from the first 40 Sq. M so the LA appear to be in the right.

    Your planning agent should have known this.


  • Registered Users Posts: 1,012 ✭✭✭ rayjdav


    Also, in general you cannot appeal the contribution conditioned to a permission only if you are under the opinion they were administered incorrectly. As above, each council have their own contribution schedule and it states on it what is included and not. Only if it was attached incorrectly from what is noted in this document can you appeal it.
    No one likes contributions but unfortunately they are there and have been for years.

    https://www.waterfordcouncil.ie/media/planning/Adopted%20Dev%20Con%20Scheme%202015.pdf

    Thats WCC and under section 9 they clearly state that no exemptions for retention.


  • Posts: 0 ✭✭ [Deleted User]


    sydthebeat wrote: »
    need to know the specific local authority, as each authority has different development contributions policies.


    No probs!


    Waterford CC.


  • Posts: 0 ✭✭ [Deleted User]


    rayjdav wrote: »
    Also, in general you cannot appeal the contribution conditioned to a permission only if you are under the opinion they were administered incorrectly. As above, each council have their own contribution schedule and it states on it what is included and not. Only if it was attached incorrectly from what is noted in this document can you appeal it.
    No one likes contributions but unfortunately they are there and have been for years.


    I agree. I'm just surprised, given the house has been inhabited all the time and the main planning permission was given a long time ago. Property has also been paid every year, so it seems unfair for a renovation.


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  • Subscribers Posts: 36,214 ✭✭✭✭ sydthebeat


    I agree. I'm just surprised, given the house has been inhabited all the time and the main planning permission was given a long time ago. Property has also been paid every year, so it seems unfair for a renovation.

    blame the decentralisation of funding for local authorities back in 1997, which left LAs to collect their own funding through taxes.


    you may still be able to appeal that condition to An Bord Pleanala if there was a special contribution applied. or if you think the development contribution scheme was applied incorrectly.

    however, retention permission negates a lot of exemptions, plus the fact the attic space wasn't constructed as living space within 5 years of the original permission essentially negates that aspect as well.
    planning permission in general must be 'taken up' within the five year period


  • Posts: 0 ✭✭ [Deleted User]


    sydthebeat wrote: »
    blame the decentralisation of funding for local authorities back in 1997, which left LAs to collect their own funding through taxes.


    you may still be able to appeal that condition to An Bord Pleanala if there was a special contribution applied. or if you think the development contribution scheme was applied incorrectly.

    however, retention permission negates a lot of exemptions, plus the fact the attic space wasn't constructed as living space within 5 years of the original permission essentially negates that aspect as well.
    planning permission in general must be 'taken up' within the five year period


    Thanks, Syd. Some dose the whole system!


  • Registered Users Posts: 10,919 ✭✭✭✭ Calahonda52


    I agree. I'm just surprised, given the house has been inhabited all the time and the main planning permission was given a long time ago. Property has also been paid every year, so it seems unfair for a renovation.


    Its not a reno, its an extension of the living space and if this approach allowed you game the system, we'd all apply for a 50 sqm gaff, pay the fees and then go for the 500m 2 gaff.
    The property tax will go up now as the building will have more value.

    LA's have been screwed by CG so they need even bob they can get


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