Planning issues - post them here MOD WARNING post #1

Cianan2 · 27-01-2021 6:29pm

sydthebeat wrote: »

Just a couple of initial points

1. if the site is across a public road, and is 4 / 5 storeys high.. there may not actually be a case for loss of light. You can actually have measurements in accordance with BR 209 carried out by a competent professional to assess loss of light.

2. "overlooking bedrooms" is dependent on separation distances between offending windows. The vast majority of urban housing has opposite bedroom windows facing each other. In general 22 meters between windows is considered minimum, but that can be reduced depending on the situation.

3. Zoning. If this land is zoned for multi-storey residential development that the council, in principle, WANT multi-storey residential buildings there.

4. parking and cars. The requirement for parking depends on the area, proximity to public transport etc. 80 spaces for approx 50 apartments sounds about right. As part of the application the applicant will do/ should have to do a Traffic Impact Assessment which will assess the approaching and access roads to see if they can accommodate this proposed development. However again, if the council have zoned the land for housing, then in principle they havent considered any significant access issue. The application may include some access alteration as well.

if you feel strongly about the application and want to make a submission which will carry any weight, you should engage a planning professional. if your neighbours feel the same you can organise yourselves as a group to engage these services.

Thank you so much for the response - not wanting to give away too much information but from what I've heard a majority of the neighbourhood are all planning on objecting. The property is actually a pub at the moment which the owner has applied for the building for himself, nothing to do with the council looking to build apartments here.

sydthebeat · 27-01-2021 7:40pm

Cianan2 wrote: »

Thank you so much for the response - not wanting to give away too much information but from what I've heard a majority of the neighbourhood are all planning on objecting. The property is actually a pub at the moment which the owner has applied for the building for himself, nothing to do with the council looking to build apartments here.

im not saying the council are looking to build apartments... what im saying is that the land is most likely "zoned" for a particular use in the county / local area development plan.

if the land is "zoned" already to accept multi-storey residential... then thats what the council want to see there

cnocbui · 03-02-2021 3:29pm

What are you allowed to do to a house that was an agricultural building converted into a habitable state in 1960?

Can you pull the roof of and put a new one on, for instance, remove chimneys? Could you raise the wall height by a metre or so?

The house in question is the victim of a major government/public servant f*** up as it was not identified as existing when they drew up the maps for a SAC so planning permission most likely isn't ever going to be granted. It's likely the only private residence in the country included in a SAC.

sydthebeat · 03-02-2021 3:31pm

cnocbui wrote: »

What are you allowed to do to a house that was an agricultural building converted into a habitable state in 1960?

Can you pull the roof of and put a new one on, for instance, remove chimneys? Could you raise the wall height by a metre or so?

The house in question is the victim of a major government/public servant f*** up as it was not identified as existing when they drew up the maps for a SAC so planning permission most likely isn't ever going to be granted. It's likely the only private residence in the country included in a SAC.

is it still habitable?

cnocbui · 03-02-2021 3:38pm

sydthebeat wrote: »

is it still habitable?

Yes, in summer months, just don't ask about the septic system.

Tombo2001 · 09-02-2021 10:22pm

Hi folks

Neighbors have put up a planning application for an extension over garage.

Their house is at an angle to ours, to the rear - the extension will be circa 2.4m wide and 7m long, and they are extending the roof put over it also.

Its about 6 or 7 metres away from back our house, and at an angle as mentioned.

It will definitely affect our light; I'm not sure how much. In the summer, the sun would be coming from this direction around 11am.

We have a large side garden that wont be affected, a small rear yard that will lose light, and kitchen and upstairs bedroom will lose some light.

Against that, its obviously important to them. I dont know what sort of reaction there would be if we objected, our names might be dirt in the area, I dont know. This type of extension is common place locally, but the positioning of our houses specifically would be not the norm and as such other extensions would not have caused the same impact.

Any thoughts?

Also, are there any specialists that give a view on this sort of thing - whether the impact will be material or not....from POV of light for example.

Thanks.

em_cat · 09-02-2021 11:36pm

Tombo2001 wrote: »

Hi folks

Neighbors have put up a planning application for an extension over garage.

Their house is at an angle to ours, to the rear - the extension will be circa 2.4m wide and 7m long, and they are extending the roof put over it also.

Its about 6 or 7 metres away from back our house, and at an angle as mentioned.

It will definitely affect our light; I'm not sure how much. In the summer, the sun would be coming from this direction around 11am.

We have a large side garden that wont be affected, a small rear yard that will lose light, and kitchen and upstairs bedroom will lose some light.

Against that, its obviously important to them. I dont know what sort of reaction there would be if we objected, our names might be dirt in the area, I dont know. This type of extension is common place locally, but the positioning of our houses specifically would be not the norm and as such other extensions would not have caused the same impact.

Any thoughts?

Also, are there any specialists that give a view on this sort of thing - whether the impact will be material or not....from POV of light for example.

Thanks.

Just to point out, you’ve every right in the world to make an observation, this can be in favour or against or simply just an observation. There are of loads of planning consultants, architects or engineers who will write a third party observation for you. I can’t specifically recommend any, however they do exist. There is also the website SunCalc.net that can help you determine the possible impact.

hero001 · 02-03-2021 3:44pm

I have a planning related question which I would be greatful for feedback on.

I'm interested in buying a property on Co Kildare. The property sites on a 1 arce site within an urban area, and the houses sits on one side on the plot. Looking at the local area plan, it appears to me that although the part of the site that the house sits on is zoned residential, most of the gardan is zoned (F) open Space and Amenity.

If I buy the property, I was planning on added an extension and a garage, The extension would be in the area zoned residential, so this would be a standard planning application. However, I was planning on building a garage on part of the site zoned open space and amenity

Is this something that the planners would be open to a discussion on, or is it a no go area for them?

Reputable Rog · 02-03-2021 4:29pm

hero001 wrote: »

I have a planning related question which I would be greatful for feedback on.

I'm interested in buying a property on Co Kildare. The property sites on a 1 arce site within an urban area, and the houses sits on one side on the plot. Looking at the local area plan, it appears to me that although the part of the site that the house sits on is zoned residential, most of the gardan is zoned (F) open Space and Amenity.

If I buy the property, I was planning on added an extension and a garage, The extension would be in the area zoned residential, so this would be a standard planning application. However, I was planning on building a garage on part of the site zoned open space and amenity

Is this something that the planners would be open to a discussion on, or is it a no go area for them?

The designation could be a passive open space to protect a visual setting or else to discourage applications for housing developments on lands potentially not suitable.
In all likelihood there wouldn’t be a problem in principle, particularly if within the curtilage of a dwelling.

Sporkie · 26-03-2021 9:59pm

I have two separate questions regarding an ongoing attic conversion in Meath. We purchased this home recently, it's a bungalow with an incomplete attic conversion (floors, insulation and some plasterboard done). The previous owner was granted retention permission for the attic conversion a few years ago.

1. Do I need any further planning permission to complete the attic conversion, or can I hire someone in a few years and get it finished without worrying about it?

2. Currently there are a few small Velux on the rear roof. The house is rural and more than 11 metres from the property boundaries. Can I have Velux installed onto the front roof as well, or would that require planning permission even though it only overlooks a field? (the 11m is a window requirement for an 'extension above ground floor level' in a Meath planning leaflet)

Thanks in advance

muffler · 26-03-2021 11:05pm

Sporkie wrote: »

I have two separate questions regarding an ongoing attic conversion in Meath. We purchased this home recently, it's a bungalow with an incomplete attic conversion (floors, insulation and some plasterboard done). The previous owner was granted retention permission for the attic conversion a few years ago.

1. Do I need any further planning permission to complete the attic conversion, or can I hire someone in a few years and get it finished without worrying about it?

2. Currently there are a few small Velux on the rear roof. The house is rural and more than 11 metres from the property boundaries. Can I have Velux installed onto the front roof as well, or would that require planning permission even though it only overlooks a field? (the 11m is a window requirement for an 'extension above ground floor level' in a Meath planning leaflet)

Thanks in advance

1. Retention permission was granted yet the works werent complete. Thats all a little vague. However if works were substantially completed and retention granted then it should be fine.

2. Permission required.

mycro89 · 28-03-2021 5:34pm

So, someone here maybe able to help out, a family member has gone for planning and the local council has come back looking for further information regarding the design, as it is not sitting into the locality or along those lines. There is a house within 2km on the same road with a very similar design which was granted planning previously and other houses under construction of a similar nature, what can the applicant do to get their original design over the line?

Thanks in Advance.

muffler · 28-03-2021 9:24pm

mycro89 wrote: »

So, someone here maybe able to help out, a family member has gone for planning and the local council has come back looking for further information regarding the design, as it is not sitting into the locality or along those lines. There is a house within 2km on the same road with a very similar design which was granted planning previously and other houses under construction of a similar nature, what can the applicant do to get their original design over the line?

Thanks in Advance.

To establish precedent for that design they should get a map to show the sites in question and number / letter them accordingly and then cross reference that with photos or planning reference numbers and then submit. Their architect / engineer / planning agent should advise them.

da4i's · 29-03-2021 9:33pm

Has anyone heard of 'rural needs' in Meath?

I applied for pre-planning and local needs in my local area as I have an interest in a site that is 2.5km away from my family home. I called a councilor after sending in my local needs application to the council to look for advice on what to do next and I was told I won't get permission because I live in the urban area of the town and the site is on the rural side. Does this seem realistic considering the site is 2.5km away from my family home, which is my current address, and I am a first time buyer? I've been living in this area for just under 25 years. Any advice is appreciated.

sydthebeat · 29-03-2021 10:09pm

da4i's wrote: »

Has anyone heard of 'rural needs' in Meath?

I applied for pre-planning and local needs in my local area as I have an interest in a site that is 2.5km away from my family home. I called a councilor after sending in my local needs application to the council to look for advice on what to do next and I was told I won't get permission because I live in the urban area of the town and the site is on the rural side. Does this seem realistic considering the site is 2.5km away from my family home, which is my current address, and I am a first time buyer? I've been living in this area for just under 25 years. Any advice is appreciated.

You will only get permission in an area where "rural need " applies, if you are from the local RURAL area.

Being from a town or village does not constitute a "rural" area

da4i's · 29-03-2021 10:54pm

sydthebeat wrote: »

You will only get permission in an area where "rural need " applies, if you are from the local RURAL area.

Being from a town or village does not constitute a "rural" area

Thanks for the response.

Have you any idea where I can find out more information about 'rural needs' vs 'local needs' and what the differences are? Even the Meath Co Co website titles the application form 'Local Needs Form - Rural Housing Planning Applications' in the download section of the 'How to Apply for Planning Permission' download section - as if they are the same thing. It's extremely confusing and I cannot find any information about 'rural needs' - only local.

sydthebeat · 29-03-2021 11:05pm

https://assets.gov.ie/111147/d5cacfab-e1ba-43be-b3d2-f0f539a4e87e.pdf

Local need and rural need are the same thing

cnocbui · 30-03-2021 1:21pm

Has anyone taken this local needs BS discrimination to the European court yet? I can't imagine it's not in breach of the right to live and work aspects of the Eu treaty. https://www.independent.ie/irish-news/locals-only-planning-rule-illegal-and-discriminatory-says-eu-26300271.html

da4i's · 30-03-2021 1:28pm

cnocbui wrote: »

Has anyone taken this local needs BS discrimination to the European court yet? I can't imagine it's not in breach of the right to live and work aspects of the Eu treaty.

Apparently in Meath it won't make a difference if it changes anyway. There's talk of these 'node' areas being set up for people to build houses on and you won't be able to build anywhere else. So they might remove the local needs requirement, but there just won't be any land. Building your own property is going to be a thing of the past unless you own 15 acres or more and work on the land

https://www.meathchronicle.ie/2020/12/16/cllrs-fear-15-acre-rule-is-likely-to-be-introduced-despite-their-objections/

sydthebeat · 30-03-2021 1:49pm

cnocbui wrote: »

Has anyone taken this local needs BS discrimination to the European court yet? I can't imagine it's not in breach of the right to live and work aspects of the Eu treaty. https://www.independent.ie/irish-news/locals-only-planning-rule-illegal-and-discriminatory-says-eu-26300271.html

the fall out from no 'local need' restriction will be practical blanket bans for ALL... so be careful what you wish for

cnocbui · 30-03-2021 1:56pm

sydthebeat wrote: »

the fall out from no 'local need' restriction will be practical blanket bans for ALL... so be careful what you wish for

Fine by me. Anything that gums up the releaase valve on the pressure cooker/planning laws causing a big explosion is a good thing.

arctictree · 03-04-2021 6:47pm

cnocbui wrote: »

Has anyone taken this local needs BS discrimination to the European court yet? I can't imagine it's not in breach of the right to live and work aspects of the Eu treaty. https://www.independent.ie/irish-news/locals-only-planning-rule-illegal-and-discriminatory-says-eu-26300271.html

This has been going on for decades. Politicians have no will to tackle it as any change would just result in a total ban for local needs building.

cnocbui · 04-04-2021 2:50pm

arctictree wrote: »

This has been going on for decades. Politicians have no will to tackle it as any change would just result in a total ban for local needs building.

Looks like some push back against idealogue driven planning at last: https://www.independent.ie/irish-news/politics/an-assault-on-rural-democracy-tddenouncesnew-planning-regulator-for-marxist-and-stalinist-policies-40268698.html

PMBC · 19-07-2021 9:22pm

First floor rear extension of existing dormer. Side of dormer extension will be over end of house which is 1.4 - 1.5 m from boundary. Needs planning permission?

BryanF · 29-07-2021 10:55am

https://www.boards.ie/discussion/comment/117634558#Comment_117634558

Yes

PMBC · 31-07-2021 4:48pm

Thanks Bryan F. I suppose the trick is to have the extension external wall start at 2 m from the boundary. Is it reasonable to assume the boundary is boundary wall centre line?

ArtieBucco · 20-08-2021 7:51pm

Pre-planning Consultation - Letter of consent

Hi all, sorry if this is the wrong place to post. Recently i helped a friend submit a pre-planning consultation application for an extension. Enclosed with the application was a letter of consent from his parent's. It has come to my understanding that my friend actually owns the house in question and therefore I was wondering will this be an issue when we submit a full application? Would it be considered fraudulent?

Cheers

sydthebeat · 20-08-2021 9:37pm

Not at all.

Sure the house could have been signed over in the time between the pre planning and application.

Just put the client down as the owner in the application

purple hands · 30-09-2021 10:07am

Looking for some advice on requesting a declaration for an exempted development

https://www.dublincity.ie/residential/planning/planning-applications/find-planning-application/exempt-development/exempted-development-section-5

We have an opinion of compliance stating that a masonry shed at the back of our property (about 10m2) is considered an exempted development from when we bought the house. The possible application now for a section 5 declaration would relate to renovations to turn it into a garden room that would not be considered habitable space, idea would be to use it as an office or playroom. I'm in discussions with a builder and would rely on him to provide a description of the works for the application form. I have OSI planning pack maps and the rest of the application looks relatively straightforward. Given the presumed limited nature of the works, I would hope to avoid the need for drawings tbh but open to correction!

I guess I'm wondering if others have submitted this type of application themselves or is it advisable to hire an architect or other professional to assist?

muffler · 30-09-2021 10:23am

Is the application for permission or a Section 5 declaration?

Planning issues - post them here MOD WARNING post #1

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