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25-04-2007, 10:29   #16
 
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Retention for garage

Muffler:

In response to your questions, the garage we got planning permission for was a 30 x 38ft and 17'8" from finished floor, and the garage we built is 26 x 34ft and 17'3" high, though we have two windows and a door on boundary side. Front corner of garage is 3 metres from boundary and the back corner is about 2.5metres. There is no house on the site next to us and a guy has applied for planning on the site the other side of that site...there could be plans for a house sometime in the future though. We will be planting deciduous trees straight away. Perhaps they would not make too much of an issue, maybe have us put in obscure glass...what do you think? Thanks.
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25-04-2007, 12:16   #17
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Quote:
Originally Posted by shesham
Muffler:

In response to your questions, the garage we got planning permission for was a 30 x 38ft and 17'8" from finished floor, and the garage we built is 26 x 34ft and 17'3" high, though we have two windows and a door on boundary side. Front corner of garage is 3 metres from boundary and the back corner is about 2.5metres. There is no house on the site next to us and a guy has applied for planning on the site the other side of that site...there could be plans for a house sometime in the future though. We will be planting deciduous trees straight away. Perhaps they would not make too much of an issue, maybe have us put in obscure glass...what do you think? Thanks.
I would run with the minor amendment angle. Give them a copy of the revised plans showing the windows and the reduced overall sizes. Give them a site layout plan specifying the distances from the boundary and show the proposed tree planting. You could do all this yourself which will save you a few bob.

Submit a covering letter outlining these points and word it in such a way that the works are not necessarily underway or completed. Personally I wouldnt see a problem with it but its down to the individual planner. You could give all the documents to your local councillor and ask them to look after it - it helps to go this route some times.
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02-05-2007, 16:22   #18
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Looking for clarity on a few things here. We are going to apply for planning permission and have our local needs form ready to go with supporting documentation. Our architect says we do not actually need to submit this until the planners ask for it. Others tell us that if we do not submit the local needs straight away then it will annoy the planners. Also, the architect tells us that the planners will not like our plan to have windows in the gable walls facing our neighbours (all family), but we need to get light into the rooms and the neighbours do not mind. They also have windows in their gable walls. What you think?
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02-05-2007, 16:53   #19
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Submit the local needs documentation with the application. This will stop the planners from seeking FI (further information) during the application process.

Regarding the windows in the gable, why not submit the application with them included? If the planners don't like them, they can put it as one of the conditions of planning that the windows be omitted. Bear in mind that privacy issues will come into the equation.
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02-05-2007, 18:04   #20
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Quote:
Originally Posted by smashey
Submit the local needs documentation with the application. This will stop the planners from seeking FI (further information) during the application process.

Regarding the windows in the gable, why not submit the application with them included? If the planners don't like them, they can put it as one of the conditions of planning that the windows be omitted. Bear in mind that privacy issues will come into the equation.
Agreed
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02-05-2007, 22:20   #21
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Originally Posted by muffler
Agreed
Thank you. Tis nice to know we sing from the same hymn sheet every now and then.
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02-05-2007, 22:39   #22
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Thank you.
No need for that at all - just buy me a few smirnoffs the next time you see me in Lifford
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09-05-2007, 21:37   #23
 
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5 year clause

I am thinking of buying a site with a 5 year clause " stating that the named site owner must build and reside in the property for 5 years" does anyone know about this clause? also what is the worst that can happen if we agree to buy and build on the site given that the planning will be in the previous owners name? I understand the bank may have a problem but as I am selling in the city, may not need to borrow or possibly under 50k.
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09-05-2007, 23:05   #24
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I am thinking of buying a site with a 5 year clause " stating that the named site owner must build and reside in the property for 5 years" does anyone know about this clause? also what is the worst that can happen if we agree to buy and build on the site given that the planning will be in the previous owners name? I understand the bank may have a problem but as I am selling in the city, may not need to borrow or possibly under 50k.
The problem you will have is that there is an occupancy clause in the PP which is normally registered as a burden on the deeds of the property. Its a Section 47 agreement and is quite restrictive. Mortgage or no mortgage your solicitor will look for a copy of the planning and when they see the clause they are legally bound to include the details on the registration of the property.

I have known the odd solicitor who *** cough*** forgot to include something or other. If you feel you know your solicitor well enough to discuss the matter on a personal, unofficial capacity then perhaps thats one way of approaching the problem.

Can you show any family connections to the area or perhaps its an area that you or your spouse/partner will be working in? - sometimes that can be an exemption from the Section 47 but you would need to check the housing policy of the County Development Plan for the County you intend moving to.

Best advice at this stage is to have a quick talk with the planner by phone. You dont have to say who you are or what your circumstances are - you can always say you are calling on behalf of a family member or mate. At least you will have the official explanation on it that way.

Other people who can assist are planning consultants and on the odd occasion the local councilor or TD.
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09-05-2007, 23:58   #25
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Got refused planning well partly,getting a double extension but with a step back on the first floor,my attic conversion which would of been a dormer was deemed to be over bearing plus my garage out back was also omitted because of over bearing. Not to the fact my neighbour two doors down has a 1000square foot garage/business and if that aint over bearing I dont know what is.Also the front Velux's were omitted...And atleast two people on my road have Velux's to front on my side of road...

Now Im wondering, got in contact with DCC planning and got the name of fella who is dealing with our plans and who partly refused us until re-advised plans are submitted. I'm actually going to be in Civic offices tomorrow and I wonder would it be a good idea to contact fella and talk to him about it or just go through my Architect? My Architect wasn't that forth coming with information and help to day I might add...

Reason was:To compy with Dublin city development plan 2005-2011 zoning objective and development standards subsection 15.9.14 to reduce over bearing impact&protect residental amenities and pattern of development in the area....and so on...

I have to say that every house up and down my road is a different kettle of fish,plus I have no one over looking me out the back which there is a laneway!!!
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10-05-2007, 00:26   #26
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Originally Posted by mad m
Now Im wondering, got in contact with DCC planning and got the name of fella who is dealing with our plans and who partly refused us until re-advised plans are submitted. I'm actually going to be in Civic offices tomorrow and I wonder would it be a good idea to contact fella and talk to him about it
By all means talk to him. Doubtful if he will change his mind but it has been known to happen. Tell him that you were running with established development patterns in the locality i.e. velux roof lights that other people have.

I wouldnt mention anything about the neighbour having the large extension with the business as he will assume that you are reporting the matter or at best just throwing it up in his face which will put you offside with him.

A bit of pleading and groveling works at times - tell him the other half is set on this particular design and will want to sell up and move if its not granted or at least an agreed revised design granted. Spin him the yarn of your life - nothing to loose
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10-05-2007, 09:29   #27
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Mac P,

I presume the Section 47 applies to the ultimate owner , the person who builds the house, ie you when you buy it and build.

I bought a site with OPP and one of the conditions was a Section 47 for 5 yrs. When I got FPP and bought the site the Section 47 then applied to me ,the owner. This is a common situation.


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10-05-2007, 19:47   #28
 
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There is an occupancy clause which is applied to the current owner of the site who has the outline pp, the only escape seems to be if owner cannot pay the mortgage and has to sell.
my wife and I are moving back to the area after 20 years away and both have strong ties to the area. the current owner will only allow the full planning to be submitted in his name in case we are refused. good advice says "dont go there" but we both love the site. are we mad to take the chance? am I right in saying that the worst case scenario is that we cannot sell within the 5 years.?
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10-05-2007, 19:56   #29
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Every county has its own development plan and the conditions can vary. From what you are saying you should have a reasonable chance. If the situation was here in Donegal what would happen is that the owner (or son) can apply for and get the permission. The site can then be sold to someone who would have been entitled to get the planning permission in the first instance.

So in your case, if you can show "roots" in the area and a need for a house then there should be no reason why the site cant be sold to you with PP on it. The same thing would apply if this happened and you wanted to sell the house in say 3 years from now, you would be entitled to sell to someone who is "eligible".

Ring the local planning officer and explain the case. He/she will tell you what the requirements are. Alternatively engage a local planning consultant.
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11-05-2007, 21:24   #30
 
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Thanks for you advice, it sounds sensible.
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