Query on Planning Enforcement notice

Deep_Six

Hi all,

Would like to hear you're opinion on the below situation please.

There is a neighbour in our area who has approved planning permission to modify an existing bungalow and add an extension to it.

As the build has progressed, it has been observed that the existing bungalow has been demolished and a new structure is being built in it's place that is now higher than what they have approved planning for.

The extension they have built to the rear is also 3 to 4 metres longer than planned for and is very close to neighbouring boundary walls.

A number of complaints have been made to the council planning department, and an enforcement notice has been served to the owners.

The notice states that they have to cease construction and demolish the unauthorised structure.

If after 28 days this has not been done, the council state that they may move onto the site to begin demolition works.

However, the owners are continuing to build regardless. The council have been informed of their actions and supporting pictures and video have been submitted to them.

My query is, what do you think are the next steps here. And why would the owners continue to build considering the enforcement notice in place?

Would appreciate your thoughts or opinions on the above.

Gumbo

Maybe they have applied for retention to retain the new build.

If they have, Plan Enf will cease all proceedings until the outcome of the planning application.

Deep_Six

https://www.boards.ie/discussion/comment/123802971#Comment_123802971

Thanks for your response.

They have not applied for retention (yet) - I have been keeping a sharp eye out for that

muffler

https://www.boards.ie/discussion/comment/123802971#Comment_123802971

Even if they applied for retention they are not allowed to continue with the construction works. However internal renovations could still be progressed.

muffler

Its probably a case of someone who doesn't give a monkey's about the law and has more money than sense. The best you can do is to keep the enforcement section updated on a regular basis and if possible do so through a solicitor.

Out of curiosity how are the works affecting you or others in the area?

Deep_Six

https://www.boards.ie/discussion/comment/123803046#Comment_123803046

Thanks, we are keeping the planning department informed on a daily basis.

In regards to how it affects me, I am actually ok with how the approved plans and would have been happy with that. But I am extremely unhappy with the fact that they are riding roughshod over planning legislation and not conferring with concerned local residents (they have been approached).

poppers

https://www.boards.ie/discussion/2058424094/query-on-planning-enforcement-notice

have a read of this. Some people just dont give a fiddlers about planning rules and then spend yrs fighting them.

https://www.boards.ie/discussion/2058095684/couple-ordered-to-demolish-house-any-update

Deep_Six

https://www.boards.ie/discussion/comment/123803070#Comment_123803070

I'm well aware of that case, but the council are still on track to demolish that house.

I expect the council to get their way in the end (whenever that will be).

CreadanLady

For the most part, the councils are all bark and no bite. It says on the letter that they can move in to demolish the unauthorized development after 28 days. They may have the legal right to do so, but there is absolutely no way in hell that is going to happen. The council would be inviting a world of paperwork and cost upon themselves to take that step and probably end up in very fractious court proceedings that they could well lose.

I have seen many many unauthorized developments, and the site owner runs down the clock with appeals, retentions applications, and generally just plays the game.

Look at the Meath case. Just goes to show if you are brazen enough here, you can and will get away with anything.

poppers

https://www.boards.ie/discussion/comment/123803120#Comment_123803120

Dont hold your breath waiting for it to be demolished, they have been fighting it for 20 yrs. If you neighbour/council are the same you better hope you like whats built.

Deep_Six

https://www.boards.ie/discussion/comment/123803171#Comment_123803171

I'm not expecting this to be demolished but I am trying to figure out what the most likely outcome to all of this will be.

Penn

https://www.boards.ie/discussion/comment/123803186#Comment_123803186

It's likely they'll just go for retention, and provided the extension isn't causing any adverse effects to neighbours or neighbouring properties and is something which could have been granted permission had they applied for it, they'd likely get it.

Chances are they're continuing with the build despite the enforcement notice to get the build to a stage where it'd be harder to change something on it.

poppers

https://www.boards.ie/discussion/comment/123803186#Comment_123803186

If they are continuing building regardless then be prepared for them to complete the works and then fight the council for yrs to come.

CreadanLady

Realistically, unless the owners build something that is dramatically out of whack with what they had planning for, and they take the absolute piss altogether (such as build a 20 room nursing home or some sort of crazy Disneyland McMansion in lieu of the permitted bungalow) then most probably nothing will happen.

It sounds so far that they have permission for a bungalow alteration, and they are now rebuilding a bungalow, albeit adding on a bit of height and length at the back. Stuff at the back of houses normally doesn't concern the council half as much and a lot of things at the back of a house are exempt.

In that case the likely outcome is that the owner will apply for retention, there will be a bit of to and fro argument in letters between them and the council, and ultimately some compromise agreement will be struck and they will get to keep their new building, or the vast majority of it with a few alterations.

Unless there are some crazy goings on and things really escalate, there will be no demolition. I can be 99.99% sure of that.

It might not be what you want to hear, but most likely outcome is that the neighbours are just going to have to get used to it.

Deep_Six

Thanks for your opinions folks, much appreciated