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Given planning to extend when they have breached planning on a listed building

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  • 14-01-2019 12:45pm
    #1
    tvjunki
    Registered Users Posts: 601 ✭✭✭


    Hi All,
    How can a planning allow an extension on a listed building when the refurb was not carried out in accordance to the planning permission given? Also breach of every health and safety rule in the construction.


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    #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,443 Mod ✭✭✭✭Gumbo


    tvjunki wrote: »
    Hi All,
    How can a planning allow an extension on a listed building when the refurb was not carried out in accordance to the planning permission given? Also breach of every health and safety rule in the construction.

    You get Planning Permission before you start the works.
    The planning Authority do not inspect the works during construction.

    If you feel the work breaches the granted planning you send an email to planningenforcement@dublincity.ie or the relative email for your local authority.

    The heath and safety issues can be reported to the HSA themselves at www.hsa.i


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    #3
    sydthebeat
    Subscribers Posts: 40,995 ✭✭✭✭sydthebeat


    tvjunki wrote: »
    Hi All,
    How can a planning allow an extension on a listed building when the refurb was not carried out in accordance to the planning permission given? Also breach of every health and safety rule in the construction.

    how is the council to know the refub wasn't carried out in accordance with planning?
    whos opinion decides its not in accordance?

    construction health and safety regulations have nothing to do with the planning process / authority.


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    #4
    Penn
    Registered Users Posts: 33,230 ✭✭✭✭Penn


    I think OP might be saying that they previously did a refurb on it not in accordance with granted planning permission and now they're going for a new application for an extension (that's my reading of it anyway).


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    #5
    tvjunki
    Registered Users Posts: 601 ✭✭✭tvjunki


    Sorry was not clear enough.
    This is a listed building and was given permission to change of use and refurb using the likes or lime mortor, belfast slate tiles cast iron cuttering. Needed to keep photos records of before and after and did not. Completed the work without any of the above being done. Took land that was not theirs and built walls not on the planning.
    Applied for further planning to extend even though they breached the first by not carrying out in accordance to the first planning given. HSE were informed as the workers were not using correct ppe. materials and cutting carried out on the street. Cutting stuff without goggles and gloves. No fencing to stop people getting into the site. Enforcement was informed. Fence put up. No change of working conditions.
    It does not make sense if you did the first bit wrong then how are you allowed further development on the site?


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    #6
    sydthebeat
    Subscribers Posts: 40,995 ✭✭✭✭sydthebeat


    tvjunki wrote: »
    Sorry was not clear enough.
    This is a listed building and was given permission to change of use and refurb using the likes or lime mortor, belfast slate tiles cast iron cuttering. Needed to keep photos records of before and after and did not. Completed the work without any of the above being done. Took land that was not theirs and built walls not on the planning.

    were the council informed of these non compliant issues?


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    #7
    tvjunki
    Registered Users Posts: 601 ✭✭✭tvjunki


    sydthebeat wrote: »
    were the council informed of these non compliant issues?

    Yes and nothing done.I know of others that contacted enforcement also. I think an inspector came out and sent letter to change the wall boundary but that was not done. Everything about the refurb is wrong. Very little matches the original planning given. Now allowed to do further work. Just does not make sense.


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    #8
    sydthebeat
    Subscribers Posts: 40,995 ✭✭✭✭sydthebeat


    tvjunki wrote: »
    Yes and nothing done.I know of others that contacted enforcement also. I think an inspector came out and sent letter to change the wall boundary but that was not done. Everything about the refurb is wrong. Very little matches the original planning given. Now allowed to do further work. Just does not make sense.

    if there was ongoing enforcement action subject to the site.. then another application should have not been deemed valid on the site.

    however, should the owners answered the warning letter to the satisfaction of the council then it can be deemed valid.


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    #9
    Metric Tensor
    Registered Users Posts: 3,724 ✭✭✭Metric Tensor


    Did you inform Planning Enforcement in writing including your name and address? If you did so then they are obliged to follow up and you can check the status of the action by contacting them.

    If you didn't write or forgot to include your name and details you didn't actually inform the council at all.


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    #10
    tvjunki
    Registered Users Posts: 601 ✭✭✭tvjunki


    Metric Tensor wrote: »
    Did you inform Planning Enforcement in writing including your name and address? If you did so then they are obliged to follow up and you can check the status of the action by contacting them.

    If you didn't write or forgot to include your name and details you didn't actually inform the council at all.

    Yes, give name and address. Sent letter.
    I know if I did this sort of development I would be told to take down and start again.
    They are flaunting all planning laws and a don't care attitude. It's build what you like and see if anyone objects.
    The person was told to rectify other things before planning was given and they still have not done them, e.g boundary materials used etc. I don't know if they have sent in a commencement notice. Madness.


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    #11
    Metric Tensor
    Registered Users Posts: 3,724 ✭✭✭Metric Tensor


    Contact the local authority and ask for a status update on your complaint. At least then you'll know why nothing is happening


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    #12
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,443 Mod ✭✭✭✭Gumbo


    tvjunki wrote: »
    Yes, give name and address. Sent letter.
    I know if I did this sort of development I would be told to take down and start again.
    They are flaunting all planning laws and a don't care attitude. It's build what you like and see if anyone objects.
    The person was told to rectify other things before planning was given and they still have not done them, e.g boundary materials used etc. I don't know if they have sent in a commencement notice. Madness.

    What LA?


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    #13
    tvjunki
    Registered Users Posts: 601 ✭✭✭tvjunki


    kceire wrote: »
    What LA?
    Clare.

    Also I know of 5people who applied for planning in the area and were from the village but did not get planning yet there were 3 planning permission given to people from America who are not from the town and no connections. Houses are massive yet the people know where asking for modest homes.


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    #14
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    What reason were they refused planning?


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    #15
    tvjunki
    Registered Users Posts: 601 ✭✭✭tvjunki


    Effects wrote: »
    What reason were they refused planning?

    Told for local needs. They were born in the town and moved away..then moved back for 2years to try to build on a site.


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    #16
    arctictree
    Registered Users Posts: 4,285 ✭✭✭arctictree


    tvjunki wrote: »
    Told for local needs. They were born in the town and moved away..then moved back for 2years to try to build on a site.

    Not sure which county but in Wicklow being born in the town does not qualify you for local needs. You need to be from the rural area outside the town.


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