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planning permission extension

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  • 05-04-2022 7:38pm
    #1
    grimeire
    Registered Users Posts: 386 ✭✭


    Hey,


    4 years ago I got planning for a house and a garage as I was I dire need of storage so said I would get planning for a house along with the garage since my current place is well over 100 years old and I planned on knocking it and building something more suitable. I built the garage shortly after getting the planning permission. When I got planning the archecit said that it's for 5 year but can easily be extended for another 5.


    Anyway it's in the last year of planning so I went and put in the extension form and payment to the county council and a few weeks later I get a phone call from them saying I'm no longer in county council area and I'm now within cork city council. The person from the county council told me I don't have a hope of getting the planning extended and when I rang the archecit he said pretty much the same thing as some new regulation came in last September out of no where and they won't extend planning any more.

    Anyone have any idea of options here as I wasn't planning on building the house for a year due to covid and I want to get back on my feet after being out of work for the best part of the last 2 years. I rang a few banks and they said they would need 12-18 months on the planning to give me a mortgage

    I don't want to have to pay for planning again as it cost me the best part of 10k the last time between paying the contribution and the architect.


    Any advise would be appreciated.



Comments

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    #2
    muffler
    Registered Users Posts: 45,820 ✭✭✭✭muffler


    You can apply to extend the original permission (extension of duration) during the fifth year of the current permission but only if you have "substantial works" carried out. What "substantial" is defined as is anyone's guess. I have seen it granted where the foundations and sub floors were the only works carried out. Most would agree that block work needs to be done and/or roofing commenced or completed. Even so there is still no guarantee of getting an extension but the odds would be in your favour.



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    #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,438 Mod ✭✭✭✭Gumbo


    The extension to planning applications was removed alright as this was originally brought in during the Celtic tiger crash.

    You should be able to get a refund on the contributions or at least transfer them to the new planning grant as works have not yet commenced.



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    #4
    maestroamado
    Registered Users Posts: 4,426 ✭✭✭maestroamado


    Put in the foundations and bring up yo floor level and install sceptic tank... get water and electric connected and you away i think...



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    #5
    grimeire
    Registered Users Posts: 386 ✭✭grimeire


    https://www.boards.ie/discussion/comment/118891389#Comment_118891389

    Thanks for the response.

    Well technically i have the garage done so work has commenced to a degree. Also in this case would it be possible to transfer the contributions as it was with county council not city council?

    I tried ringing the city council a few times and they said they would call me back. Still nothing from them


    The architect says the same as you about the contribution but is looking for me to apply again so he can make a few €€€. I would do that but Im after spending a fortune on this already and cant afford to do it again cause it will cut into our deposit for mortgage. I think he is just chancing his arm so he can make another few grand off me for just reapplying with the same plans.

    If i use the deposit we have to do start some works to get the planning extended it will mean i we will have to wait a year or 2 till we build back up our deposit for a mortgage again which would mean i would need it extended for about 3 years from now to be good with the banks then.

    Makes no sense to me why they just brought this in all of a sudden only new planning from the date they brough this in should be affected. I feel like we really only got 3 years of permission as we were in lockdown/restrictions the majority of 2 years and if it COVID happen we wouldn't be in the situation we are in now. Luckily we are not in the situation some people are with COVID so its something to be grateful for.



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    #6
    DBK1
    Registered Users Posts: 2,135 ✭✭✭DBK1


    https://www.boards.ie/discussion/comment/118891415#Comment_118891415

    You can’t get electricity connected until electrician has completed second fix and can fully cert the house.



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    #7
    Penn
    Registered Users Posts: 33,226 ✭✭✭✭Penn


    https://www.boards.ie/discussion/comment/118891415#Comment_118891415

    That wouldn't be enough. The works have to be substantially underway, usually considered to be at least at wallplate level from what I remember. Plus, what are you connecting the water and electrics to if you're only at floor level?



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    #8
    sydthebeat
    Subscribers Posts: 40,989 ✭✭✭✭sydthebeat


    https://www.boards.ie/discussion/comment/118891389#Comment_118891389

    they have removed the ability to extend durations?? any link to this please? i hadnt heard



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    #9
    grimeire
    Registered Users Posts: 386 ✭✭grimeire


    https://www.boards.ie/discussion/comment/118894603#Comment_118894603

    they only allow extension of planning if you have "substantial works" done. I was told this by the county council. This reg came in Sept 2021.


    I can't find any links for this but if you ring them and are lucky enough to get through they will tell you themselves.



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    #10
    Penn
    Registered Users Posts: 33,226 ✭✭✭✭Penn


    https://www.boards.ie/discussion/comment/118894603#Comment_118894603
    https://www.gov.ie/en/circular/a0d0e-circular-letter-euipr-012021-amendments-to-section-42-of-the-planning-and-development-act-2000-as-amended-and-associated-planning-and-development-regulations-2001/

    You can now only apply for an extension of duration if works have commenced and substantial works have been carried out.

    It also states on the Fingal County Council Application form for Extension of Duration:

    Section 42(1)(a)(ii) of the Planning & Development Act 2000 has been deleted therefore there is no possibility of an extension of duration for un-commenced development or development where substantial works have not been carried out

    The statue is here:

    https://www.irishstatutebook.ie/eli/2000/act/30/section/42/enacted/en/html#sec42



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    #11
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,438 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/118894603#Comment_118894603

    https://www.gov.ie/en/circular/a0d0e-circular-letter-euipr-012021-amendments-to-section-42-of-the-planning-and-development-act-2000-as-amended-and-associated-planning-and-development-regulations-2001/#



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    #12
    sydthebeat
    Subscribers Posts: 40,989 ✭✭✭✭sydthebeat


    https://www.boards.ie/discussion/comment/118894837#Comment_118894837

    thanks, every day is a schoolday


    i see that amendment allows for an application to say what substantial works WILL BE completed before expiry of permission. That could be a valuable "out" for some applicants



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    #13
    mike_2009
    Registered Users Posts: 528 ✭✭✭mike_2009


    Tried it, was rejected! Covid adds 101 days to your planning expiration I was told but otherwise was recommended to apply for new planning permission. Nearly sold my house on the expectation the extension would be granted. I listed what works would be carried out etc to no avail. Just warning others out there - I applied myself but maybe an Architect would have worded it better, I don't know?!



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    #14
    grimeire
    Registered Users Posts: 386 ✭✭grimeire


    Just to update everyone on my case.

    I decided to just try to build as i couldn't get through to anyone in planning. Not once did they ring me back after me calling them numerous times but they did respond back to an email. After waiting nearly 10 months for a mortgage I put in the commencement notice a month before my original planning permission was about to expire and got a phone call from planning authority or who ever approves it and they said they could not approve my commencement notice as planning permission was up in a month and i would never have it done in time.


    I told them my planning was out in 4 months as i got 3 months extra due to covid they said this is not the case. I told them i have it in an email from planning that i do have 4 months and they said forward it. I forwarded it and they approved the commencement notice. I managed to get the house to roof level 2 months before my new planning permission end date by calling in a tonne of favors and paying over the norm for some trades. Currently tipping away with the inside.


    Worst thing is that they now scrapped the contribution fee so i may of gotten it back and could of used it to pay for next application and would not of been out of pocket.


    Also in case anyone is wondering my architect said substantial works is window level of the ground floor.



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    #15
    sydthebeat
    Subscribers Posts: 40,989 ✭✭✭✭sydthebeat


    https://www.boards.ie/discussion/comment/120582267#Comment_120582267

    great stuff!



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    #16
    Bracken81
    Registered Users Posts: 221 ✭✭Bracken81


    https://www.boards.ie/discussion/comment/120582267#Comment_120582267

    Delighted to hear things are moving forward for you 😀


    FYI, I've gotten a phone call ONCE from the Councils/Meath CC in my 25 years in the Architect business! ☹️



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