Advertisement
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/.
If we do not hit our goal we will be forced to close the site.

Current status: https://keepboardsalive.com/

Annual subs are best for most impact. If you are still undecided on going Ad Free - you can also donate using the Paypal Donate option. All contribution helps. Thank you.
https://www.boards.ie/group/1878-subscribers-forum

Private Group for paid up members of Boards.ie. Join the club.

Planning issues - post them here MOD WARNING post #1

1108109110111112114»

Comments

  • Registered Users, Registered Users 2 Posts: 8,859 ✭✭✭MiskyBoyy


    Could anyone tell me, would I need Planning Permission to install a French Door into what is now just a wall at the back of my house?



  • Subscribers, Paid Member Posts: 43,960 ✭✭✭✭sydthebeat


    a grey area for which you could get a section 5 declaration from your local authority.

    in my own opinion, once its on the ground floor and does not increase any possible overlooking of adjoining properties, id accept its as exempt.



  • Registered Users, Registered Users 2 Posts: 1,121 ✭✭✭rayjdav


    As above ^^^^^.

    In the section 5 you would be asking that it is development but it is exempted development. You could reference Section 4.1(h) of the P&D Act 2000 whereby it does not affect the streetscape, it could be considered exempt.

    image.png


  • Registered Users, Registered Users 2 Posts: 1 Tom_Owens


    Could anyone confirm if there would be any kind of planning restrictions on changing the appearance of the front elevation of a house i.e. wall paint colour, over painting feature cladding or removing said cladding, removing window boxes, installing door canopies, removing hedging to build block walls or steel railings?

    Some context, I live in a large estate some 12 years where there are 3, 4 & 5 bed terraced and semi homes and apartment buildings. The houses all had the same look, walls finished in cream paint colour, a beech coloured cladding to one side of the front wall & a window box above the front entrance door. All houses were uniform in appearance originally, only difference was front door colour changed in sequence red/black/green/blue. Over the past few years people in the estate seem to be in competition to see who's house can stand out most, changing to wall colours to all kinds of greens, greys, blues. Some have completely removed the cladding, plastered the wall behind and painted, others over painted the cladding a different colour. Window boxes have been removed and door canopies installed in that space .. the uniform look of the houses has been lost to the detriment of the estate I believe. Another thing that seems to be everywhere are large bin or bike storage units, some DIY wooden contraptions others steel or plastic yokes. Are these even allowed in front gardens?

    So my question, what if any restrictions or permission requirements would there be to altering the appearance of a house from the original approved design? I'm guessing a lot of the residents in my estate think they can just do as they please!!



  • Registered Users, Registered Users 2 Posts: 1,121 ✭✭✭rayjdav


    Painting a house is exempt under class 12

    image.png

    There is a huge amount of works to a house that are exempt under the P&D regs 2001.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 47,242 ✭✭✭✭muffler


    If you aren't happy with what the neighbours are doing and believe they are in breach of planning regulations then report the matter to the enforcement section of your local planning department.



  • Registered Users, Registered Users 2 Posts: 2 carolanm


    Neighbours (Dublin) have appealed to ABP for our 2 storey extension on top of existing garage and beyond. Firstly should we respond to ABP with something? And what is the timeframe (I cant find anything from home-applicants side on ABP website). And could we draft our own simple response? Or should we get Architect to respond but at a cost. Funds are tight.

    We plan to build as close to boundary wall as possible. First floor will project 2.7M beyond existing house, Ground Floor will come out 5.5M Architect says our plans will most likely go in our favour. Ongoing conversation with neighbours to appease/compromise.



  • Registered Users, Registered Users 2 Posts: 47,242 ✭✭✭✭muffler


    You don't make any submission as the appeal is being made against the Council's decision. Basically the Council have made a decision in your favour and they now have to justify that decision while your neighbour has to attempt to prove that the decision was wrong.



  • Registered Users, Registered Users 2 Posts: 2 carolanm


    Understood and thank you. All I would be doing is quoting the reasons for granting that are outlined in the Planners Report.



  • Registered Users, Registered Users 2 Posts: 329 ✭✭kevgaa


    HI,

    This may not be the right forum but hopefully someone can clarify a few things for me. We created a pedestrian gate which at the time we were advised was exempt. Following complaints from neighbours we were issued an enforcement notice and one of the options was apply for retention planning which we did.

    I kept the council informed of this and on the phone I was informed the process would stop pending the outcome of the planning. Planning got rejected locally for undesirable precedent and we appealed to ABP. (which was grated)

    In the interim I got summoned by the council to court on the matter. It was adjourned pending the planning decision.

    However now the council are asking me to pay legal costs. Is that correct?



  • Advertisement
  • Subscribers, Paid Member Posts: 43,960 ✭✭✭✭sydthebeat


    I can't see how it could be as you haven't been found guilty of unauthorised development in the court.

    The council took the case. The case was settled in your favour (or not settled at all). The council are liable for their own costs in my opinion.

    Of course, you're much better of getting actual legal opinion on this and not just from Joe soaps on 'tinternet



  • Registered Users, Registered Users 2 Posts: 47,242 ✭✭✭✭muffler


    Id agree (mostly) with sydthebeat above. The Council would have withdrawn the case by now in light of permission having been granted and given the fact that they instigated the case and then withdrew it they should pay their own legal costs. However the fact remains that you did initially carry out an unauthorised development and through the normal enforcement procedures the Council were obligated in taking the legal case. They could try to justify the request for payment of their fees using that point.

    In my County the local Council would normally pay their own costs in these situations but that is usually after a bit of negotiating. My advice would be to discuss it with a local Councillor and if that doesn't work out have a talk with your solicitor.



Advertisement