Advertisement
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/.
https://www.boards.ie/group/1878-subscribers-forum

Private Group for paid up members of Boards.ie. Join the club.
Hi all, please see this major site announcement: https://www.boards.ie/discussion/2058427594/boards-ie-2026

Couple Ordered to Demolish House - any update?

16566676870

Comments

  • Registered Users, Registered Users 2 Posts: 7,533 ✭✭✭bladespin


    The bulider would have to employ an architecht to check the permission was for what they're building, checking planning isn't their business really, at least not at that level, bear in mind what went on with the original plans here.

    Untitled Image

    MasteryDarts Ireland - Master your game!



  • Registered Users, Registered Users 2, Paid Member Posts: 37,416 ✭✭✭✭Penn


    There is. The Building Control Management System. It deals with commencement notices for works, compliance with building regulations, planning permission, and certifications from the builder and designer, as well as agreements of undertaking and appointments by the owner.

    But if the owner just hires a builder to build whatever, they're not part of that system. That's the issue in this case (well, the BCMS also wasn't a thing in 2006). The rules of a system only apply to those who engage with the system. For those who don't, there are already prescribed penalties such as those the Murrays are now subject to.

    The builder isn't responsible for compliance with planning, they build what they're told and what's specified. Even if in your example a builder contacts the council to check they've been given a valid granted planning number, who's to say what they've been asked to build is what's on the planning drawings? Who is responsible for changes which may arise during the build? Say the owners want to move a window 200mm to the left to better suit furniture; is it a breach of planning? Would the builder then be responsible/liable if the council say it and said it had to be changed? Would the builder simply refuse because they don't want to be held liable for such things (even though it's likely fine and wouldn't cause any issues)?

    But then you also have to account for the case that, there simply may not have been a "builder" at this house. If the Murray's project managed it themselves by hiring and scheduling the various different trades (which Chris Murray probably could have done as he was a plumber working in the industry), they are in essence the builder/main contractor.

    Same could happen nowadays. If the owner who doesn't have planning permission takes on the role of main contractor themselves and just hires in the individual trades, are all those sub-contractors going to be responsible for not building in accordance with planning?

    I get your point, but in essence, there's little point having such a system when in cases like this, the systems already in place were ignored. And the responsibility for that shouldn't lie with any builder who was simply just paid to build something; it lies with the owners.



  • Registered Users, Registered Users 2 Posts: 47,486 ✭✭✭✭muffler


    When you leave your car with the local mechanic for a bit of work do you expect him to check that it has tax, insurance and a NCT cert?



  • Registered Users, Registered Users 2 Posts: 1,877 ✭✭✭paddyisreal


    when are we going to see the demolition of the hundreds of houses built by a certain community with no planning at all r do the laws only apply to settled folk



  • Registered Users, Registered Users 2 Posts: 47,486 ✭✭✭✭muffler


    And where did I say anything different? As I previously stated I was offering up one example of where multiple visits by planners could and does happen. I have no idea if this was applicable to the Sutton case or not.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 2,068 ✭✭✭Caquas


    If only it was so simple! You obviously have no experience of planning or building.

    Even the most straightforward process as you outline (getting the planning permission and checking with the council) could easily take an hour in total (or a day if you’re dealing with an incompetent official in the council) but that would merely establish that there was a planning permission for the property.

    Almost inevitably some variation will enter into the work - is the builder responsible then to ensure the variation accords with the planning permission? And what if the owners are refused retention afterwards?


    The last thing we need in this country is more obstacles to building homes. The Murray are 100% responsible and it would be absurd to scapegoat the builder in this case. The legal system allowed itself to be scandalously abused - that is where reform is urgently needed.



  • Registered Users, Registered Users 2 Posts: 19,815 ✭✭✭✭Muahahaha


    I dont think builders should be legally responsible for whats built in terms of planning permission. But it wouldnt be particulary onerous that a law be in place that all builders must inform the Council of what they're building, where it is, how many sq meters it is,etc. After that if the Council cant match it up to their own system of permissions and if no match then send an inspector out to the site to see if unauthorised development is about to commence. Prevention is better than cure after all and through the Murray case we now know the cure took two decades to arrive costing the taxpayer a small fortune in legal fees. Its a sub optimal situation.

    Like take the unauthorised development at Kippure Village in Wicklow. Some builder built 64 houses that didnt have planning permission. Had he been legally obliged to let the Council know what he was about to build they would have been down to inspect it. But instead what we have is the 64 houses built and years of legal wrangling ahead. The planning & building control systems need to be reformed so it doesnt even get that far.



  • Registered Users, Registered Users 2 Posts: 2,721 ✭✭✭kerplun k


    The house had to go..

    But am I only one who thought it looked like a decent house. Like objectively, I don’t see why everyone is saying it was a bad house.



  • Registered Users, Registered Users 2 Posts: 233 ✭✭XT1200




  • Registered Users, Registered Users 2 Posts: 2,721 ✭✭✭kerplun k




  • Advertisement
  • Registered Users, Registered Users 2, Paid Member Posts: 37,416 ✭✭✭✭Penn


    Far too big, hipped main roof and with gables everywhere else, the large stepped angled windows on the side annex are awful, the size and angles and chimney of the idea annex are awful, the carport and Juliet balcony over the front entrance are needlessly pretentious, the double garage with two windows over but then a porthole window also over that...

    It's not the worst house in the world, but it feels like the only thought that went into the design was "Sure may as well, not like it's against our granted permission anyway!"



  • Registered Users, Registered Users 2 Posts: 41,198 ✭✭✭✭Mellor




  • Registered Users, Registered Users 2 Posts: 887 ✭✭✭eastie17


    listening to C103 the other day, cork local radio for those who don’t know. Loads of sympathy for the Murray’s from listeners and even talk of “sure even the brits wouldn’t have done that back in the day”



  • Moderators, Politics Moderators, Paid Member Posts: 45,538 Mod ✭✭✭✭Seth Brundle


    Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/ .



  • Registered Users, Registered Users 2 Posts: 41,198 ✭✭✭✭Mellor


    Where did I mentioned anything about money? Everytihng costs monry, but that has nothing to do with what I said about responsibility.

    Maybe there's a number on it. The builder verifies the number with the council. All could be done in two minutes.

    That 2 minute check would prove there was a planning permission. That doesn't confirm that the house on the tender or construction drawings is in accordance with the plans. Confirming that takes more time, and usually a professional opinion.

    But the point is that the owner is responsible for their property. In that case the Murrays are 100% at fault. Allowing them to say the builder should have checked, gets them off the hook - especially as that company likely no longer exists.



  • Registered Users, Registered Users 2 Posts: 296 ✭✭newirishman


    Sounds like much of it can be solved by having building controls, eg. Foundations need to be signed off by an official, permits for electrical etc. need to be pulled.

    And the builder is not allowed to continue work without the resp. permits in place

    That doesnt discourage the DIY builder of course, but would certainly discourage professional builders.

    IMO, that includes only building according to submitted and approved plans.



  • Registered Users, Registered Users 2 Posts: 5,237 ✭✭✭wassie


    There is already a system in place. A dwelling house requires the owner to submit a Commencement Notice (CN) to Councils Building Control Management System (BCMS).

    Council will only validate the CN if (amongst other details), a builder has been assigned and also a final planning grant reference is provided. Building a house cannot legally start until this is in place.

    Also, at present there is also no provision for Council to be able to retrospectively validate a CN if work has already started.



  • Registered Users, Registered Users 2 Posts: 41,198 ✭✭✭✭Mellor


    There will be lots of personally taste swaying opinions.
    But speaking only objectively, it was a poorly designed house. The lack of consideration in a house that large is shockingly bad.

    It was a basic house layout but with the rooms made bigger to make it 600 sqm. That's not a matter of taste, that is a fundamentally terrible way to increase the area of a design. I commented the below on the master, but similar applies to most spaces.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,911 ✭✭✭chooseusername


    Size matters. 20-25 years ago neighbours were building their for- ever family home. They sat down with their architect/engineer and were happy with what they came up with. They went to look at the site when the foundations were marked out and she went "oh the kitchen looks very small, and that bedroom" and so on. The architect even marked where the walls would be, but no. Back they went to the drawing board and the planners for their bigger rooms. Fast forward, and the kids have left the home and she's complaining about the rooms being big and dark and hard to heat.



  • Registered Users, Registered Users 2, Paid Member Posts: 37,416 ✭✭✭✭Penn


    Several times throughout my career, when meeting the clients on site during construction I would pre-emptively explain to them that every room is going to look like it's too small, but that's because you're looking at dark grey bare walls, with grey floors, minimal light, maximum shadows etc, and not to panic about rooms feeling too small. That it's completely normal for rooms to feel too small at this stage and the design was appropriate for the type of room, furniture layouts etc.

    Most listened. Some didn't and caused a big struggle until later in construction when walls started to be plastered & painted and more light, and rooms nearly started to feel too big due to lack of furniture.

    Whereas like Mellor said, the Murrays just went big for the sake of big, with no flow of thought or actual design.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 23,999 ✭✭✭✭mickdw


    The Guidelines are a joke tbh. I work on rural house planning and you can date housing as you drive around the country based on designs in favour at any given time..... that to me is the definition of bad planning.

    Then you have the opinions of individual planners. What's perfectly acceptable to one is a non runner for the next.

    Then when you come to opinion re whether the design can be accommodated on the landscape, this again varies by who you know and the timing of the application. If the application is up for decision in run up to general election, there will be no further information request if the basics have been covered. Coming towards end of any development plan, the silly requests seem to disappear too.

    If you know a councillor, mountains can be moved overnight.

    What people don't realise about building in rural ireland is that it is the funding side that is for the most part controlling planning compliance. Basically, if people need to borrow, they must have permission and follow it very closely to enable engineer to sign off and allow mortgage money to flow. If you happen to have your own money, that restriction is gone and the chances of Planning Enforcement small..... except where you take the absolute piss like this couple.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,911 ✭✭✭chooseusername


    You're talking about room size when the walls are already built, and I agree they can look appear small at that stage, but at that stage it's too late.

    I'm talking about looking at the size of the rooms on the ground before the foundations are even dug. The foundations marked on the ground will make the rooms appear smaller as they will appear to encroach on the room size on all 4 sides.



  • Registered Users, Registered Users 2, Paid Member Posts: 37,416 ✭✭✭✭Penn


    I agree, just pointing out that perception can make people panic and a lot of people not used to being on sites struggle to visualise how it will look/feel once completed (whether that's at foundation level because they're only looking at the footprint of the room where the trenches haven't been excavated or like I said where walls have been built up and the place looks dark and cramped), but if the design is right from the start it's just a matter of getting that across to the clients.



  • Registered Users, Registered Users 2 Posts: 47,486 ✭✭✭✭muffler


    That's a fair enough point and would also apply when foundations have been poured. The advice I gave to clients down through the years who were unsure of room sizes was to measure these in houses that were already built and furnished such as family members or friends houses. In the odd occasion when that wasn't possible I advised them to get about 20 wooden pegs, a tape and a roll of string and go to the site and mark out the line of the walls themselves and that proved to be acceptable in most occasions.

    But as mickdw pointed out there is neither rhyme nor reason with regards to rural housing planning. Way too much political interference coupled with varying planners opinions and favours done for friends and friends of friends. I could write a book about it but I'd be in the high court in no time at all.



  • Registered Users, Registered Users 2 Posts: 2,068 ✭✭✭Caquas




  • Registered Users, Registered Users 2 Posts: 75,483 ✭✭✭✭L1011




  • Registered Users, Registered Users 2, Paid Member Posts: 37,416 ✭✭✭✭Penn


    This system wasn't in place at the time (only introduced 2013 if I remember right). Also as they were entirely funding the build with their own money, normal checks which would have typically arisen as part of mortgage applications and professional certification never arose.

    So there are systems in place (some systems in place at the time, more systems in place now), but if someone still has the ways and means to bypass them, they can. They're still however subject to the same penalties for unauthorised development as everyone else.



  • Registered Users, Registered Users 2 Posts: 47,486 ✭✭✭✭muffler


    Today's system didn't exist in 2006 but there was still a requirement to submit a commencement notice. Obviously this didn't happen in the Murray's case.



  • Registered Users, Registered Users 2 Posts: 75,483 ✭✭✭✭L1011


    A "Hi, I've commenced on planning I dont have" notice would be unusual!



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 47,486 ✭✭✭✭muffler




Advertisement
Advertisement