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How to apply for retention

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  • 14-10-2019 4:41am
    #1
    beam me up scottie
    Registered Users Posts: 7 ✭


    Hi there
    I am hoping someone can help me.
    We are a small medical clinic and we have the great misfortune to be attached to a neighbor who has complained to the planning department about a store room that we turned into a small canteen for staff.
    We were ignorant to the fact that providing somewhere for the staff to have lunch was going to be an issue to the neighbor...as you would be.
    It has been in existence as a canteen for 4 years without any hassle but recently we dug up thx back garden to lay Astro turf so the Physio could use outside.
    This triggered a complaint (this is the 2nd time we have had the council around, she complained about signage and also complained about the pub next door, she basically is complaining about everyone)
    The council have given us a week to turn it back to a store room or apply for retention. He said it would probably be granted.
    Can I appeal the decision or get more time to sort this out ?
    The structure has been there more than 7 years if I lock it up the staff will go mad if I don't I'll be hit with a fine.
    What is the best and cheapest way to get this fixed ?
    Thank you so much for any help anyone can offer


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    #2
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    beam me up scottie wrote: »
    1. The council have given us a week to turn it back to a store room or apply for retention. ..
    2. What is the best and cheapest way to get this fixed ?
    Thank you so much for any help anyone can offer
    1. Options seem pretty clear. (But what aren’t you telling us? No council gives a weeks ultimatum?)
    2. Item 1 option A or B


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    #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,539 Mod ✭✭✭✭Gumbo


    beam me up scottie wrote: »
    Hi there
    I am hoping someone can help me.
    We are a small medical clinic and we have the great misfortune to be attached to a neighbor who has complained to the planning department about a store room that we turned into a small canteen for staff.
    We were ignorant to the fact that providing somewhere for the staff to have lunch was going to be an issue to the neighbor...as you would be.
    It has been in existence as a canteen for 4 years without any hassle but recently we dug up thx back garden to lay Astro turf so the Physio could use outside.
    This triggered a complaint (this is the 2nd time we have had the council around, she complained about signage and also complained about the pub next door, she basically is complaining about everyone)
    The council have given us a week to turn it back to a store room or apply for retention. He said it would probably be granted.
    Can I appeal the decision or get more time to sort this out ?
    The structure has been there more than 7 years if I lock it up the staff will go mad if I don't I'll be hit with a fine.
    What is the best and cheapest way to get this fixed ?
    Thank you so much for any help anyone can offer

    So you break the law, yet it’s your neighbor that’s causing the problem.
    Cop on and accept that you did wrong and you have to regularize it now.

    There’s also something your not telling us here as most planning enforcement officers will give reasonable time to prepare a retention application.

    You would also have received a Section 152 warning letter which invites you to comment on the warning and arrange a meeting with the PE Officer.

    You also don’t get hit with a fine, you get a court date and criminal
    Conviction.

    Retention requires a full set of drawings and supplementary documentation as required to make the application. Newspaper notices, maps etc it won’t be done within a week I can assure you.

    When did you get the original S152 letter?
    What council is it?


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    #4
    beam me up scottie
    Registered Users Posts: 7 ✭beam me up scottie


    There is not anything that I am not telling you, when we bought the practice 4 years ago the shed/ storage room was there. The previous doctor was going to use it as a waiting room and we thought it would be a good idea to turn it into a place for staff to have their lunch. So we did and the neighbor never complained until we started putting in Astro turf. So I guess the noise disturbed them but it was a shock to have the council around.
    We did get a letter to tell us they were coming and they did s site visit and I think we have been given a week to let them know what we are going with it. Sorry if I am not being clear but my husband was dealing with it. I am just trying to get some advice. So how much will it cost to go for retention? We have an architect coming over to see it on Friday. Does it take long to go through the process? I am not sure what to tell my staff in the meantime. Should I approach the neighbor?


  • Options
    #5
    beam me up scottie
    Registered Users Posts: 7 ✭beam me up scottie


    kceire wrote: »
    So you break the law, yet it’s your neighbor that’s causing the problem.
    Cop on and accept that you did wrong and you have to regularize it now.

    There’s also something your not telling us here as

    You would also have received a Section 152 warning letter which invites you to comment on the warning and arrange a meeting with the PE Officer.

    You also don’t get hit with a fine, you get a court date and criminal
    Conviction.

    Retention requires a full set of drawings and supplementary documentation as required to make the application. Newspaper notices, maps etc it won’t be done within a week I can assure you.

    When did you get the original S152 letter?

    About a month ago and we met with PE officer last Friday who was apologetic as this particular neighbor is prolific in their objections to all the businesses in the area and is well known to the council. So though I should have had some "cop on" as you say I also have been unlucky with the Neighbor.
    So can you tell me if I was to knock down this structure and put a Shomra in it's place would I still need planning ?
    Because employing an architect getting drawings etc as you talk about is going to be fairly pricey and as a new business we are struggling with our bottom line.
    Thanks for any advice you can offer


  • Options
    #6
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,539 Mod ✭✭✭✭Gumbo


    beam me up scottie wrote: »
    kceire wrote: »
    So you break the law, yet it’s your neighbor that’s causing the problem.
    Cop on and accept that you did wrong and you have to regularize it now.

    There’s also something your not telling us here as

    You would also have received a Section 152 warning letter which invites you to comment on the warning and arrange a meeting with the PE Officer.

    You also don’t get hit with a fine, you get a court date and criminal
    Conviction.

    Retention requires a full set of drawings and supplementary documentation as required to make the application. Newspaper notices, maps etc it won’t be done within a week I can assure you.

    When did you get the original S152 letter?

    About a month ago and we met with PE officer last Friday who was apologetic as this particular neighbor is prolific in their objections to all the businesses in the area and is well known to the council. So though I should have had some "cop on" as you say I also have been unlucky with the Neighbor.
    So can you tell me if I was to knock down this structure and put a Shomra in it's place would I still need planning ?
    Because employing an architect getting drawings etc as you talk about is going to be fairly pricey and as a new business we are struggling with our bottom line.
    Thanks for any advice you can offer

    Yes you’ll still require planning. No exemptions for the commercial side of things.
    Plus you are extending the commercial foot print for a fire safety cert and disable cert may be required.

    Can a disabled member of staff get to this shed/canteen just as easily as an abke bodied person?

    Speak to the architect on site.


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  • Options
    #7
    mickdw
    Registered Users Posts: 23,284 ✭✭✭✭mickdw


    Get an agent on board and reply to warning letter stating the a retention application is being prepared and will be submitted by a date maybe 4 weeks ahead.
    That should stall all actions until you can submit and then it's a matter of trying to get the retention.


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