Contraventions of planning and enforcement

Contraventions of planning and enforcement

Postby clear » Mon Jan 01, 2007 3:06 pm

Hi all. I am hoping that someone here might be able to advise me on a matter. I have included a generalized time line of events below.

Time line:

Requested clarification on a grant of permission (third quarter of 2005)
Local Authority issued a warning later (early in forth quarter of 2005)
Developer in question lodged an application for retention (Late first quarter of 2006)
I objected citing the major issues that affect me within the allowed period
LA requested further information, which has not been answered. More than 6 months has now passed since this request (therefore I assume the application is deemed withdrawn)

The warning letter indicated a number of contraventions to the original grant of permission (almost 50%). I am particularly concerned with a structure that is “not exempted development” (LA’s description) being constructed (a boundary wall), and this structure is being used for a purpose that does not suit its design. As a result there is now evidence of structural failure.

It was my understanding also that all parties concerned must concur on issues of boundaries! (I was not consulted and had to ask the block layer how high it was going)

I have made requests through a local political figure to investigate the matter and even rang the council about the matter. What should I do next? Should I put myself to the expense of getting an engineer to examine the structure and tell me what is evident from it? Should I contact the building control officer? I am sure there maybe something in building regulations!

Thanks for your input.
clear
Member
 
Posts: 11
Joined: Thu May 25, 2006 7:27 pm

Re: Contraventions of planning and enforcement

Postby JacobsSlave » Tue Jan 09, 2007 1:49 am

:cool: FROM UR DESCRIPTION OF EVENTS, ITS STILL A BIT UNCLEAR, BUT IF THE DEVELOPER DOES NOT ANSWER AN A.I. WITHIN 6 MONTHS THEN THE APPLICATION IS CONSIDERED WITH DRAWN.

U ARE CORRECT IN SAYING THAT IF THE DEVELOPER IS USING YOUR BOUNDARY WALL IN ANY WAY, BE IT RE-BUILDING IT OR ALTERING IT IN ANY WAY, THEN THEY ARE BOUND BY LAW TO CONSULT WITH YOU FIRST. TAKE NOTES AND DATES OF EVERYTHING, INCLUDING ANY MEETINGS YOU HAVE WITH THE DEVELOPER AS THESE NOTES MAY WELL PROVE PRICELESS DOWN THE LINE IF IT BECOMES A LEGAL CASE.

YOU MUST QUICKLY WRITE LETTERS TO BOTH THE COUNCIL CONCERNED, STATING ALL THE FACTS AND THE WRONG DOINGS OF THE DEVELOPER, INCLUDING PHOTOGRAPHS OF BEFORE AND AFTER WORKSS DONE IF POSSIBLE. ALSO CONTACT THE PLANNING ENFORCEMENT AND INCLDE THE SAME FACTS.

IF ALL ELSE FAILS AND THE PLANNING AUTHORITY FAIL TO ACT, OR DO NOT REPLY TO YOU IN WRITING, THE CONTACT THE OFFICE OF THE OMBUDSMAN AND REPORT THE COUNCIL FOR FAILURE TO CONDUCT THEIR DUTIES AND FAILURE TO RESPOND. THIS SHOULD BE A LAST MEASURE AS YOU DONT WANT TO GET ON THE WRONG SIDE OF THE COUNCIL WITHOUT EXHAUSTING ALL AVENUES. PROCEED WITH GETTING YOUR LOCAL/AREA COUNCILLOR TO PUT PRESSURE ON THE PLANNERS. THEY USUALLY HAVE ALOT OF 'PULL' IN THESE MATTERS.


HOPE THIS IS OF SOME HELP.

REGARDS

JACOBSSLAVE
JacobsSlave
Member
 
Posts: 35
Joined: Mon Oct 16, 2006 11:54 pm

Re: Contraventions of planning and enforcement

Postby clear » Tue Jan 09, 2007 4:31 pm

Thanks for the response

The LA has issued a warning letter to the developer with regards the works that was carried out. I was not adverse to the construction of the boundary wall and told the developer this. I was however not consulted about the height intended, which is now 1.5 times that stated as being exempted developement. Futher more this wall is conventional block on the flat (6 inch) for approximately 6-8 rows and then cavity. It is being used to retain fill at a depth I estimate to be about 2 meters at the deepest point!

Now this wall raps around a corner, and it is at this point that the greatest amount of fill is located. The wall has cracked from top to bottom (even through the blocks on the flat), on the boundary between the developers property and mine, and also on the boundary between the developer and a road that is maintained by the LA. The original plans did indicate fill, however they indicated that this fill was going to be graded off over a 4 meter distance (set back from the boundary).

I had written to the council outlining my concerns originally, to which they issued the warning letter. Retention was applied for and FI was requested. This has lapsed mid the final quarter of last year with no submissions. When I objected to this retention, I also include a number of scale drawings illustrating the issues I had, i.e. scale of structure, sight lines into my living space, etc...

As you can see, an engineer will tell me that the wall serves a purpose that it is not design to serve. Do I go to the expense of getting an engineers report to back up what can be seen on an inspection :confused:

There is two issues that I have with the developement, this being only one. What I don't really understand is the duration it is taking the LA to deal with the matter. As you can see it has been going on since 2005! Should I write to the county manager asking him to investige? At this stage I think I have wrote to the LA 3-5 times!
clear
Member
 
Posts: 11
Joined: Thu May 25, 2006 7:27 pm


Return to Irish Planning Matters