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  • Registered Users, Registered Users 2 Posts: 1,495 ✭✭✭cjpm


    That’s precisely it. You have to live and let live in cases like this.

    I’d sooner have a few of the neighbours owing me a few small favours rather than having one who’s out to shaft you the first chance they get.



  • Registered Users, Registered Users 2 Posts: 29,841 ✭✭✭✭whelan2


    Had a lad come up looking for our tractor to pull a lorry out that was stuck on his site, I was on my way out so gave him the tractor. He never thanked me or nothing. Arrived up the next week looking for a lend of my digger. I told him to do one . It works both ways.



  • Registered Users Posts: 19 highspeed


    Met neighbour today, explained that what he was looking for was going to cost him, tree felling near public road, digger to lower ditch and fencing contractor to fence ditch - he looked at me as if I had 2 heads and said all he wanted was a letter saying I would do the works - he said his engineer told him a letter would suffice, that the council would not follow it up, and that I would never have to do the work.

    I told him I was not doing this as this could leave me put of pocket if the house was sold and the new owners requested thst I do the works.

    He is going to talk to his engineer.



  • Registered Users, Registered Users 2 Posts: 9,291 ✭✭✭tanko


    Your neighbour has some neck.



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    Highspeed i actually thought this was a wind-up when you not come back... This guy is treating you like a total eejit if what you saying here is happening... I have a bit of experience in this... look back at my previous post on this and ask yourself how come i could pick-up on what this person is doing... If your not able to check the files yourself bring a professional with you... Dealing with people like this you need to get all the facts as they are slippery.

    It appears he is asking you to provide a letter that the council asked for 20 years ago... There likely is a letter of sorts on the file... Generally if the council make such a letter a condition the planning will not be granted until same is submitted...

    I still kinda think this is really not the case and a bit of a wind-up....



  • Registered Users, Registered Users 2 Posts: 5,261 ✭✭✭Grueller


    I would be giving that engineer some piece of my mind and telling everyone locally what he had done. Should be put out of business for that sh1te. Pass on any potential cost to the thick farmer!!!! Prick



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    I find it hard to believe all of this... dealing with people who behave like this you need to have all the facts ... talking to the neighbors waste of time as its just whinging... get the facts and sort it out but you need to have all the facts from the council to deal with people like this...



  • Registered Users Posts: 909 ✭✭✭Aravo


    Years ago persons were applying for planning and if there was sightline issues and in particular where the issue existed on lands not owned by the applicant. The applicant would provide a letter to planning DEPT. stating that they had permission from the landowner to keep the ditches cut to provide the necessary sighline. This letter would be signed by the landowner. But of course no hedges were ever cut and it is a bit of a joke. Now if you submit planning the preferred option is that if any sighline issues arise they arise within the applicants own lands.

    A cute man stuck for a few quid could arguably offer to sell a portion to accommodate them.



  • Registered Users, Registered Users 2 Posts: 28,795 ✭✭✭✭looksee


    Don't believe him. It might have been the case that you could do this years ago, but now there are too many people (that the house-owner pays for) keeping a close eye on things before they will sign off. What use is a letter from you? If the council/building regs get sticky is he going to sue you to get it done? Then who pays? Is that engineer going to sign off the job with the road visibility not sorted? I don't think so. Load of nonsense.

    Leave him stew, he knows what you expect; if he really wants the site he will come round to your conditions.



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  • Registered Users Posts: 1,398 ✭✭✭Anto_Meath


    The first condition of any planning is that the development will be completed in accordance with the documents submitted unless altered by subsequent conditions. If a letter is submitted stating you will remove the tree & adjust the hedge then that is what the engineer will have to ensure is done before s/he can give an opinion of compliance with planning permission. Which is the first document any Bank want to see before they will lend out any money. The letter for you to submit is that : if this planning application is successful you give the applicant permission at their own expenses, to remove the tree & adjust the hedgerow in accordance with the site plan submitted. But before you give them that letter you should have a written agreement of what works are to be done and an agreed date for when it should be done & that they are excepting all healthy & safety plus environment requirements associated with this application. They are in a spot of bother now though as planning permission takes a minimum of 3 months (min 2 months application period & 1 month before works can commence) which takes you to March 1st and you can't cut hedges or trees between March 1st and August, so their house sale doesn't look like it will happen soon.



  • Registered Users, Registered Users 2 Posts: 2,262 ✭✭✭DBK1


    Good advice and that’s exactly how I’d be wording the letter.

    On the actual cutting of the hedge, it would probably fall into the road safety category as it’s for a specified line of sight so I’d assume it could be cut at any stage.



  • Registered Users, Registered Users 2 Posts: 11,224 ✭✭✭✭wrangler


    Yea, you're right, he's asking for too much , I'd cut a tree or a ditch but no more and I wouldn't sign anything, council have no right to ask for it when they didn't ask for it when the house was built



  • Registered Users, Registered Users 2 Posts: 2,090 ✭✭✭Sheep breeder


    Built a house twenty years ago also, the council back them were not as strict as today. If you stated you were going to correct the sight line issue nobody came out to check if it was done, all the council wanted was their fee and they had you over a barrel if you didn’t do what was to be done, kicking the ball down the road. A local chap is in the same bother with his house over the entrance is in the wrong place than were it was to be put on the site original and a couple of large trees had to be fallen for sight line down the road and the field has being sold since the planning was got and a house also built now and the new owner says it’s not his problem. The guy now has go for retention and more fees to the council.



  • Registered Users, Registered Users 2 Posts: 5,261 ✭✭✭Grueller


    Retention will be easy got though if its more than seven years there as it will be statute barred and the council can do almost nothing.



  • Registered Users Posts: 147 ✭✭Fieldsman


    The authorities themselves are not very good for keeping hedges, grass margins etc. trimmed often leaving signposts and views of the road obscured.

    They claim there's birds nesting in them but would you get away with that excuse at the NCT test center if you had a blemish in the windscreen which might also affect your view of the road.



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  • Posts: 0 [Deleted User]


    Jesus he want's you to put yourself on the hook and pay for it, what planet is he on. I wouldn't sign a thing that left me liable for works into the future.



  • Registered Users Posts: 4,912 ✭✭✭squinn2912


    Would it be time to ask for a solicitor’s advice? Sounds like a bit bigger than a discussion forum. Anyhow at the rate we’re going it could be another 20 years before another update from OP 😊



  • Registered Users, Registered Users 2 Posts: 70 ✭✭twofish101


    I would get their engineer to outline fully the scope of works required in writing copied to all interested parties, I would request the works are overseen by the same engineer, Competent and fully insured contractors required to carry out the works, be it tree surgeon, civil contractor etc. Who is responsible for the maintenance going forward? as if there is an accident in the future could the landowner be responsible if maintenance is not completed annually?



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado




  • Registered Users Posts: 4,912 ✭✭✭squinn2912




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  • Registered Users, Registered Users 2 Posts: 2,837 ✭✭✭Lime Tree Farm


    but still, all the replies were useful information.



  • Registered Users, Registered Users 2 Posts: 1,001 ✭✭✭timple23


    Could the OP not just go to Co Co office and pay twenty euro to view the planning application? Would that show if they already submitted a letter that the ditch/tree would be altered?



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    Unless it changed in the last year or so we don't have to pay... just make an appointment but obviously we need to know the exact property as cannot waste their time... All documents to do with the planning will be in the file.... If this person does really exist he is shifty... I think the OP said it was mentioned before... everything Councils do with planning is written document and there is no way a Council asked for something and granted planning without same being submitted...

    Most planning in last 20 years are available on-line...



  • Registered Users, Registered Users 2 Posts: 1,779 ✭✭✭paddysdream


    Thing is that most of this stuff is (was) never checked .My own house is most likely in beach of a fair few of the planning conditions as outlined in the grant of permission .

    Offhand never done aquadrain at the gate to divert water from the site into a non existent soak pit .The hedging was not what was in the planning .The floor height greatly exceeds what was granted as council wanted me to build it in a hole by making me dig into the site .House is slightly differently sized as I decided to make a few changes whilst in the process of building .

    Engineer signed off on it although he wanted me to do aquadrain so I borrowed a few covers from local hardware ,sent him photo's of same in place at the gate and that done the job .



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    I am aware of all of the fact Councils do not fallow up... However this poster said he is being asked for something that the neighbor was asked for 20 years ago...

    I think it may be FAKE NEWS...



  • Registered Users, Registered Users 2 Posts: 1,779 ✭✭✭paddysdream


    Reading the OP it seems like they should have contacted him 20 years ago and asked him if they could improve the sight lines at that time .Most likely took a chance and didn't bother on the understanding that the council was unlikely to follow up .

    Think the issue could be the purchasers /bank solicitor would need a cert of compliance before releasing the mortgage money and the sellers seem unable to comply with this as they are not in compliance with planning as granted .Would imagine a simple retention application should cover this but then again that would be a few months wait .Also wonder if the council have made it a condition for retention that they correct the sight lines issue .

    Then again would question where 4 inches comes into play .Unusual that just cutting down/back a hedge that miniscule amount would make any difference plus annual growth would far exceed that .



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    I suspect none of this is real... if the Council asked for a letter 20 years for planning they likely got one...



  • Registered Users, Registered Users 2 Posts: 1,779 ✭✭✭paddysdream


    Perhaps not but then again you never know .Could have promised to send in one /get landowner permission etc and just didn't bother .Very little follow up on some of this stuff .

    Know I had to do a guarantee when getting a mortgage to put site in both names .Solicitor advised not to bother for a few years to avoid paying something or other ;Stamp Duty ? .Left it almost 8 years to do so despite an odd follow letter from the bank .Think they may have written twice in that length of time but no consequences as such .



  • Registered Users, Registered Users 2 Posts: 1,257 ✭✭✭Tileman


    I think Youve mentioned that a couple of occasions.

    seems real enough to me. Regular enough occurrence in rural planning. It’s all fine until it has to be sold and then it becomes an issue.



  • Registered Users, Registered Users 2 Posts: 2,442 ✭✭✭embraer170


    I have followed a fair few rural planning stories around my part. The letter could well have been faked or forgotten.



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  • Registered Users, Registered Users 2 Posts: 9,154 ✭✭✭893bet


    I dont think he is trying to intentionally **** you.


    Good chance is just stupid and can’t see down the line how it might haunt you rather than him after he sails into the sunset.



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    Is it normal that someones asks a serious question and does not engage... if i had a problem of this nature it would keep me awake...

    Who will have the problem if it can be sold assuming its a real case...



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    So the council asked for a letter and then forgot...



  • Registered Users, Registered Users 2 Posts: 1,779 ✭✭✭paddysdream


    The OP has no problems whatsoever from my understanding of their post .The neighbour was/is looking for them to either provide a letter saying they can improve the sight lines or actually get the work done .

    No skin off the OP's nose either way if they are happy to have the work done and get a few bob for their troubles .thats of course presuming the house owners pay for the work and a consideration for goodwill .

    I still can't see any problems at all for the OP .The house owners have a headache trying to sort planning but maybe time is of the essence .If not would imagine it could all be sorted with retention .Again no issue for the OP as he cannot be compelled to remove a hedge to facilitate a private dwelling in which he has no interest .The only thing the council can do is make him keep his roadside hedge in a safe fashion .


    No need to sweat the small things .



  • Registered Users, Registered Users 2 Posts: 2,442 ✭✭✭embraer170


    I’d rather say promised for later and then never followed up. I would say a fair few developments today don’t respect all the conditions set out in the planning permission.



  • Registered Users, Registered Users 2 Posts: 1,779 ✭✭✭paddysdream


    Lots of official bodies look for stuff and then never follow up or are put off a few times and its all forgotten .

    Something that's important today and so vital is just another ticked box in a few years .I am sure and certain each and every person fills up their GLAS ,REPS etc form as required and unlike me have a number of blank sheets in the filing cabinet that will be filled in if I ever am unlucky enough to have an inspection .



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    I was told i would only be considered for planing permission only if i got a letter from person stating he would not apply for build in next field... i did not ask for letter...

    Any we will know more when the OP comes back??



  • Registered Users, Registered Users 2 Posts: 28,795 ✭✭✭✭looksee


    But the neighbour didn't actually want to get the job done, he just wanted a letter saying the OP would do it, then it would be all forgotten. The neighbour had no intention of getting it done.



  • Registered Users, Registered Users 2 Posts: 1,779 ✭✭✭paddysdream


    Suppose once the box is ticked and the fee paid the council will have little to no interest in the matter in the future .

    Wonder has the letter ,if provided ,any legal standing in compelling the OP to do as he would state in the letter ?

    Presume a letter giving the neighbours permission to do it themselves would suffice .I gave a lad near me a letter for a wayleave to run a pipe through my ground into a nearby stream in order for the council to grant him planning .He never bothered putting in the treatment system as he always intended to fit a standard septic tank so no pipe ever appeared .

    Then again would it be a one off or would the sight lines have to be maintained ? Never heard of that before but who knows .Assume it would be up to the house owner but I suppose such a thing would imply a burden on the OP's land/hedge .


    If it was me I would do the letter giving permission ,making sure it was a once off to obtain retention and expect a donation to my favourite charity (my bank account) in return .Its not as if he ever gained from the sale of the site in any way .

    Suppose it all depends on the relationship between both parties .



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  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    The OP diasppeared... i all council stuff is in writing and reply needs to be in writing to tick the boxes...



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