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Planning Permission

  • 09-02-2019 2:00am
    #1
    Kaleb2015
    Registered Users Posts: 83 ✭✭


    Can anyone answer this question for me? How many times can a person extend planning permission? A neighbour of mine got planning permission in 2009 to build his house and a road through it leading to the lane to my house. In the conditions he was suppose to remove the hedges and build the road right up to the lane. He got everything he needed done apart from removing the hedges and finishing to road from the end of his drive to the lane. He extended the permission just before the first expired in 2014 and then again in 2015 so now he has up until 2020 to get it done. Its going on now over 10 years and I'm wondering can he put in any more applications to extend or how many. Thanks for your help.

    I will contact my local council office on monday but would like to know asap.


Comments

  • #2
    sydthebeat
    Subscribers Posts: 41,837 ✭✭✭✭sydthebeat


    Most likely he argued that he couldn't afford to do the works within the permission period, and this got the two extensions. It's likely the second one was granted on the foot of his situation either staying the same or getting worse.

    What do you hope the outcome would be?

    If its financial, and he can't afford to do the work, well he's not going to be able to afford it regardless of the planning situation on the site.


  • #3
    Kaleb2015
    Registered Users Posts: 83 ✭✭Kaleb2015


    sydthebeat wrote: »
    Most likely he argued that he couldn't afford to do the works within the permission period, and this got the two extensions. It's likely the second one was granted on the foot of his situation either staying the same or getting worse.

    What do you hope the outcome would be?

    If its financial, and he can't afford to do the work, well he's not going to be able to afford it regardless of the planning situation on the site.

    Well he added some works in the following two extensions. In the second one he added a new garage and changed the location of the well. In the third he put up a new wall around the whole property. I just want him to complete the only job that he committed to in order to get the permission from his neighbours. I cant imagine it would cost that much to remove the hedges and finish the road. He has most of the supplies he needs sitting on the end of the road for the last 11 years to finish it. I really just want to know can he keep extending it again and again to put it off or can he only do it so many times.


  • #4
    sydthebeat
    Subscribers Posts: 41,837 ✭✭✭✭sydthebeat


    They'd something not right here as you can't "add" development to an extension of time.

    Do you want to pm me the county and planning ref number and I'll look into it for you?


  • #5
    rayjdav
    Registered Users, Registered Users 2 Posts: 1,082 ✭✭✭rayjdav


    If I am reading it right, he originally got permission in 2009?
    This expired in 2014 so he extended his permission until 2019/20?

    That is only one extension of duration..

    The garage may be outside of the remit of planning (exempted development) or he may look for retention as it is only an ancillary development. A domestic well is exempt. The wall also could be outside of planning, depending on heights etc..

    You say he extended it in 2014 and then again in 2015?:confused: Why would he extend 12 months after an initial extension of duration?? Usual time is 5 years..

    You need to look at the planning files online and get your ducks in a row before you approach the council. He may be totally within his rights here tbh.


  • #6
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    Kaleb2015 wrote: »
    Can anyone answer this question for me? How many times can a person extend planning permission? A neighbour of mine got planning permission in 2009 to build his house and a road through it leading to the lane to my house. In the conditions he was suppose to remove the hedges and build the road right up to the lane. He got everything he needed done apart from removing the hedges and finishing to road from the end of his drive to the lane. He extended the permission just before the first expired in 2014 and then again in 2015 so now he has up until 2020 to get it done. Its going on now over 10 years and I'm wondering can he put in any more applications to extend or how many. Thanks for your help.

    I will contact my local council office on monday but would like to know asap.
    [42.— (1) On application to it in that behalf a planning authority shall, as
    regards a particular permission, extend the appropriate period by such additional
    period not exceeding 5 years as the authority considers requisite to enable the
    development to which the permission relates to be completed provided that each of
    the following requirements is complied with:
    (a) either—
    (i) the authority is satisfied that—
    (I) the development to which the permission relates was commenced
    before the expiration of the appropriate period sought to be extended,
    (II) substantial works were carried out pursuant to the permission during
    that period, and
    (III) the development will be completed within a reasonable time,
    or
    (ii) the authority is satisfied—
    (I) that there were considerations of a commercial, economic or technical
    nature beyond the control of the applicant which substantially militated
    against either the commencement of development or the carrying out
    of substantial works pursuant to the planning permission,
    (II) that there have been no significant changes in the development
    objectives in the development plan or in regional development objectives in the F340[regional spatial and economic strategy] for the area
    of the planning authority since the date of the permission such that
    the development would no longer be consistent with the proper planning and sustainable development of the area,
    (III) that the development would not be inconsistent with the proper
    planning and sustainable development of the area having regard to any
    guidelines issued by the Minister under section 28, notwithstanding
    that they were so issued after the date of the grant of permission in
    relation to which an application is made under this section, and
    Planning and Development Act [2000.]
    2000
    PT. III S. 41 [No. 30.]
    220
    (IV) where the development has not commenced, that an environmental
    impact assessment, or an appropriate assessment, or both of those
    assessments, if required, was or were carried out before the permission
    was granted.
    (b) the application is in accordance with such regulations under this Act as apply
    to it,
    (c) any requirements of, or made under those regulations are complied with as
    regards the application, and
    (d) the application is duly made prior to the end of the appropriate period.
    (2) In extending the appropriate period under subsection (1) a planning authority
    may attach conditions requiring the giving of adequate security for the satisfactory
    completion of the proposed development, and/or may add to or vary any conditions
    to which the permission is already subject under section 34(4)(g).
    (3) (a) Where an application is duly made under this section to a planning authority
    and any requirements of, or made under, regulations under section 43 are
    complied with as regards the application, the planning authority shall make
    its decision on the application as expeditiously as possible.
    (b) Without prejudice to the generality of paragraph (a), it shall be the objective
    of the planning authority to ensure that it shall give notice of its decision on
    an application under this section within the period of 8 weeks beginning on—
    (i) in case all of the requirements referred to in paragraph (a) are complied
    with on or before the day of receipt by the planning authority of the
    application, that day, and
    (ii) in any other case, the day on which all of those requirements stand
    complied with.
    (4) A decision to extend an appropriate period shall be made once and once only
    under this section and a planning authority shall not further extend the appropriate
    period.
    (5) Particulars of any application made to a planning authority under this section
    and of the decision of the planning authority in respect of the application shall be
    recorded on the relevant entry in the register.
    (6) Where a decision to extend is made under this section, section 40 shall, in relation
    to the permission to which the decision relates, be construed and have effect, subject
    to, and in accordance with, the terms of the decision.
    (7) Notwithstanding subsection (1) or (4), where a decision to extend an appropriate
    period has been made by a planning authority prior to the coming into operation of
    this section, the planning authority, where an application is made to it in that behalf
    prior to the expiration of the period by which the appropriate period was extended,
    may further extend the appropriate period provided that each of the following
    requirements is complied with—
    (i) an application is made in that behalf in accordance with regulations under
    section 43,
    (ii) any requirements of, or made under, the regulations are complied with as
    regards the application, and
    (iii) the authority is satisfied that the relevant development has not been
    completed due to circumstances beyond the control of the person carrying
    out the development.]

    Above is the relevant section of the Act, and it reads as clear as mud...

    In your case I would write a letter of complaint to the planning department indicating that on the scale of works this piece of infrastructure is not the most costly but needs to be done before the Local Authority consider any further extensions of duration. That way you are highlighting the issue and alerting the planners to it, they can address it before anything further is done with the application site.

    To answer your question directly, the planning permission can be extended more than once but not for longer than an additional 5 years.


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  • #7
    rayjdav
    Registered Users, Registered Users 2 Posts: 1,082 ✭✭✭rayjdav


    Poor Uncle Tom wrote: »
    In your case I would write a letter of complaint to the planning department indicating that on the scale of works this piece of infrastructure is not the most costly but needs to be done before the Local Authority consider any further extensions of duration. That way you are highlighting the issue and alerting the planners to it, they can address it before anything further is done with the application site.

    I don't think that there is anything specific in the act that permits the LA to insist on certain aspects of the works being complete prior to the granting of an additional extension of duration. If in particular 42(1)(ii)(I) is used as the reason for non completion within the timeframe, they cannot really insist on it being complete within say eg. 1 year if the extension is granted for say 5 years, as then they are basically saying that we agree on the financial hardship aspect but believe you can afford this part of the development.

    Exact dates relating to the OP situation would make the answers more relevant imo


  • #8
    Kaleb2015
    Registered Users Posts: 83 ✭✭Kaleb2015


    Still waiting on an answer back from the council on how many times he can extend the planning permission but have another update. Over the Christmas he put up a wall which is over 7 ft high and he was working on it everyday using heavy machinery over the course of a week working right up until midnight. On the planning permission it stated that all he was allowed to put there was a low fence with wire and some hedging which was there for years. So he went ahead without any planning permission and built this wall. The council sent us forms to fill in and send back. What i want to know is what will the council make him do, will he be told to take the wall down and will they question as to why he could do this work that wasnt on the planning permission over finishing off the road? The wall is roughly 300ft long and 7.5-8 ft high so not cheap.


  • #9
    yurtyaherne
    Registered Users, Registered Users 2 Posts: 116 ✭✭yurtyaherne


    Without knowing the specifics what might have happened is they could have been granted permission in 2009 and extended it in 2014.

    Then in 2015 he may have applied for a new permission to include completion of the previous and/or revision of plans from the previously granted permission.

    One one extension of duration is allowed on a planning file unless the development consists of 20 houses or more.

    Regarding your complaint about the boundary wall, an enforcement officer will inspect the site and may issue a warning letter before issuing an enforcement letter. At best, he will have to apply for retention, at worst it will drag on for years and eventually end up in court.


  • #10
    JimmyMW
    Registered Users, Registered Users 2 Posts: 695 ✭✭✭JimmyMW


    Kaleb2015 wrote: »
    Still waiting on an answer back from the council on how many times he can extend the planning permission but have another update. Over the Christmas he put up a wall which is over 7 ft high and he was working on it everyday using heavy machinery over the course of a week working right up until midnight. On the planning permission it stated that all he was allowed to put there was a low fence with wire and some hedging which was there for years. So he went ahead without any planning permission and built this wall. The council sent us forms to fill in and send back. What i want to know is what will the council make him do, will he be told to take the wall down and will they question as to why he could do this work that wasnt on the planning permission over finishing off the road? The wall is roughly 300ft long and 7.5-8 ft high so not cheap.

    I'm assuming you are estimating the height @7-8ft, if for example it is 6.5ft and not at the front of the site it would be considered exempted development, see below extract from the exempted development section

    9. Can I erect walls, fences and gates?
    Capped walls made of brick, stone or block with a
    decorative finish, railings and wooden fences, but not a
    metal palisade or security fences, can be erected as long as
    they do not exceed 1.2 metres in height in front of your
    house or 2 metres at the side or rear. If the wall is made of
    plain blocks or mass concrete it must be rendered or
    plastered. Gates and gateways may be built or replaced
    providing they do not exceed 2 metres in height. You will
    need planning permission if you wish to make a new or
    wider access to the public road.


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