Planning issues - post them here MOD WARNING post #1

muffler · 09-12-2022 09:31PM

If Im reading that correctly I think what the planner is indicating is you cant have windows on the East or West facing walls at first floor level. Facing North is probably okay but if not by any chance can you use Velux? Is the roof sloped in that direction?

ArtieBucco · 09-12-2022 11:07PM

https://www.boards.ie/discussion/comment/119977039#Comment_119977039

Thank you muffler for the reply. I would hope to think so that is what the planner is indicating. Yes I can place rooflights on the north elevation as the extension roof runs parallel with the existing. I think I will go with the rooflight option to be safe.

Thank you

Thargor · 15-12-2022 04:33PM

Hi, Im sale agreed on a semi-detached in an estate, built in the 1970s. My surveyor just told me that the back extension is fine but the small bathroom/utility room extension at the side will require planning as its (barely) visible from the road. I can see from 2009 Streetview that it is more than 7 years old. Im a cash buyer so wont affect a mortgage but its still making me nervous for selling in future.

Is retention easy to get on this kind of thing? Does retention get refused often? In Limerick if that makes any difference.

muffler · 15-12-2022 06:05PM

https://www.boards.ie/discussion/comment/120000322#Comment_120000322

For something small like that there wouldn't (generally) be a problem. If left unauthorised it would be an issue in any future sale.

sydthebeat · 15-12-2022 06:42PM

https://www.boards.ie/discussion/comment/120000322#Comment_120000322

in general a single storey side / rear extension isnt usually a planning issue (once its built away from the boundary, isnt unnecessarily high, loads of rear garden space retained etc)

Thargor · 15-12-2022 08:38PM

https://www.boards.ie/discussion/comment/120000626#Comment_120000626

https://www.boards.ie/discussion/comment/120000761#Comment_120000761

Oh wow really? Thats actually a major relief thanks, is retention much of an expense/hassle when I do get around to it?

EDIT: Actually Im going to PM you both the listing, would you mind taking a second look please?

sydthebeat · 15-12-2022 08:41PM

https://www.boards.ie/discussion/comment/120001157#Comment_120001157

im obviously not giving you any guarantees here, just experience based opinion.

and yes ill take a look for you.

Thargor · 15-12-2022 08:43PM

https://www.boards.ie/discussion/comment/120001177#Comment_120001177

Thanks PM sent there.

muffler · 15-12-2022 11:51PM

https://www.boards.ie/discussion/comment/120001177#Comment_120001177

Ditto and done.

bemak · 19-12-2022 05:28PM

[deleted]

MrBumBum · 23-01-2023 10:16PM

I bought a house 5 years ago. When going about buying it my solicitor found there was an issue where the skylights upstairs needed to be 20cm or so lower so as to provide an escape route.

The seller applied for (and got) retention planning for it but didn't carry out the work. We only found that out on closing day and wanted to push on with the purchase so left it. We didnt carry out the work either and now want to sell.

What way does this leave us fixed? Can we sell it on the open market?

Can we sell upstairs as storage?

Do we HAVE to carry out the work?

Is there an expiry on retention where work has to be carried out?

A lot of question, thanks in advance for any replies.

muffler · 24-01-2023 02:06AM

https://www.boards.ie/discussion/comment/120148200#Comment_120148200

I dont understand this. How could someone apply for retention permission and then not do the works? Was the application for permission to install the rooflights or permission to retain and then move them? Need clarity on this aspect.

In any event you are pretty much in the same position as the vendor was 5 years ago

MrBumBum · 24-01-2023 10:36AM

He didn't want the cost of carrying out the work but never told us that, we were under the impression the work was done.

Permission to lower them enough to provide an escape route.

DOCARCH · 24-01-2023 05:26PM

https://www.boards.ie/discussion/comment/120149501#Comment_120149501

You could ignore the permission and build a step under the Velux?

Edit: Having suggested the above, to be compliant, the bottom/cill of the Velux needs to be no greater than 1700mm from the edge of the roof (basically the gutter) for fire escape/rescue. The internal height can be overcome by adding a step.

MrBumBum · 24-01-2023 06:49PM

None of them are within 1700mm, one in particular is probably closer to 3500mm

DOCARCH · 24-01-2023 07:57PM

https://www.boards.ie/discussion/comment/120152154#Comment_120152154

If they were lowered, as per the permission granted, would they be?

If this in relation to an attic conversion? A single room or a number of rooms?

muffler · 24-01-2023 07:59PM

https://www.boards.ie/discussion/comment/120152154#Comment_120152154

If its that distance from the eaves then a single internal step will not work - assuming its a fairly average roof.

I still havent got clarity on what type of permission was granted and for what? If a rooflight is 3.50m from the eaves then moving it by 200mm will have no effect from a fire escape point of view, again assuming a standard sized pitched roof.

MrBumBum · 25-01-2023 10:16AM

It's 3 skylights in 2 rooms.

a step would be no use as they are still not within the 1700mm from the eaves.

I didn’t submit the planning , I just read it afterwards. It says they need to be lowered.

the thread seems to be getting sidetracked a bit, my original questions were -

Can we sell it on the open market?

Can we sell upstairs as storage?

Do we HAVE to carry out the work?

Is there an expiry on retention where work has to be carried out?

Yes, the planning is to lower them so as to provide an escape route, I didn't submit the planning , I just read it afterwards. It just says they need to be lowered.

A step is no good, still need to be within 1700mm from the eave.

The thread is getting sidetracked a bit, my original questions.

What way does this leave us fixed? Can we sell it on the open market?

Can we sell upstairs as storage?

Is there an expiry on retention where work hase carried out?

bemak · 09-03-2023 02:27PM

My understanding is you will be able to sell it as is if the room is identified as a storage room only and not an additional bedroom or habitable space. A lot of converted attics don't meet the minimum floor-to-ceiling requirement for habitable spaces anyway which means that they still need to be called up as storage even if they had adequate means of escape.

Schweizer · 11-03-2023 12:54AM

Hi,

I am currently contemplating the pro's and con's of submitting a complaint to the planning enforcement section of my local council regarding an unauthorised development which has just commenced in my locality.

Not sure if this is universal but my local council offers the option to do this confidentially. This being Ireland and not wanting to get in the bad books with neighbours, I am wondering if anyone would know if there is a limit to it being confidential? Could a person uncover who made the complaint through a freedom of information (foi) request? If the enforcement action ended up in a court case could I be called to give evidence?

Thanks in advance.

DOCARCH · 16-03-2023 06:44AM

https://www.boards.ie/discussion/comment/120343403#Comment_120343403

As far as I aware, if copies of complaints to planning enforcement are sought under FOI, names/details of complainants are redacted, so it is a confidential process.

hkjohn · 14-04-2023 01:59PM

if the local council issues someone with an enforcement order for an illegal structure and that someone then loses a retention appeal:

what steps will the council take to make them remove the structure? (FWIW, the someone in this case declined to submit a Bord na Pleanala appeal)
how long will it take the council to ensure the builder/owner in question obeys the enforcement order?

Poor Uncle Tom · 05-06-2023 03:13PM

https://www.boards.ie/discussion/comment/120477242#Comment_120477242

I have found that it varies from Local Authority to Local Authority, a lot of them don't have the stomach for chasing this stuff. I'm currently pushing one for a client and it's a nightmare with changing staff, new enforcement officers not knowing the legislation or not willing to enforce it.

All these items should be dealt with smartly, 14 days for written replies, 28 days for actions, etc., Section 34 of the Act is the part yourself or your Agent should be studying. I'm lazing on a deck with a nice cold pint right now, soaking up the rays, and I'm not going deeper into it.

Just to note, they can't lose and appeal, if they don't make an appeal. They can always modify their retention application and submit again, however a local authority can go ahead and take a case anyway, but like I said earlier, LA'S lack stomach for enforcement.

hkjohn · 06-06-2023 09:46AM

https://www.boards.ie/discussion/comment/120679426#Comment_120679426

Thanks for that, PUT. Very insatructive and helpful.

One small question - which act are you talking about?

Thanks for your help and enjoy your holiday!

Poor Uncle Tom · 06-06-2023 09:23PM

https://www.boards.ie/discussion/comment/120681315#Comment_120681315

Planning and Development Act.

hkjohn · 07-06-2023 02:25PM

https://www.boards.ie/discussion/comment/120684018#Comment_120684018

Thanks, PUT

chooseusername · 10-06-2023 08:53AM

https://www.independent.ie/irish-news/south-dublin-planning-saga-lawyer-leaves-top-firm-over-225k-demand/a1299017362.html

Quote from the article above;

"The payment demand lifted the lid on the practice of “go-away money” – payments for dropping objections to planning in the housing crisis."

I know developers offering "Go Away Money" is not uncommon, but residents asking for it to not object? Is this a thing?

CiboC · 10-06-2023 07:32PM

Apologies for this, it's a very long and old thread so I'm sure the answer is in here somewhere but I've searched and couldn't see a direct answer.

Garden rooms and the definition of 'human habitation'....

We are considering a garden room instead of an extension. the purpose would be primarily 'hang out' space for the kids as they are getting into teenage years and don't want to be in the same room as their deeply uncool parents, particularly when their mates are over, there would not be any intention of using it for sleeping space or extra bedroom space.

We are also considering getting a sauna put into it which really would only be feasible if we can put a shower in. Does a shower or bathroom make it 'habitable' under the regulations as they are written?

muffler · 10-06-2023 08:11PM

https://www.boards.ie/discussion/comment/120698997#Comment_120698997

No, not as I understand the exemptions. If its incidental to the enjoyment of the parent dwelling then the use as you described would be fine. But just watch out for the other conditions that render it exempt i.e. floor area, height, retained open space etc

sydthebeat · 12-06-2023 06:04PM

https://www.boards.ie/discussion/comment/120699188#Comment_120699188

agreed

Planning issues - post them here MOD WARNING post #1

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