What happens when an application for retention is withdrawn?

What happens when an application for retention is withdrawn?

Postby DeadOrAlive » Wed Jun 16, 2010 1:40 pm

Hi,

Hope someone can help with this query. Please bear with us as there's a little background first.

Last year a neighbour commenced the building of a domestic garage on his property - he did have planning permission for a large garage. As building work progressed we noticed certain differences from the approved plans, i.e. height & windows.

We informed the Planning Dept of this and shortly afterwards the neighbour submitted plans for retention of the garage. While this was going on work continued and the garage was 95 completed. The rentention application was not very detailed. We submitted an objection to this application (overlooking windows, height not in keeping with the area, etc.

The planning dept conducted a site inspection and found that the dwelling house, which was built 4 years ago and they were living in it, was also outside the original plans, and they requested further information. The further information supplied was again extremely vague. Again, all this time work was continuing on the garage.

As the decision drew near we received a letter from the planning dept informing us that permission had been refused. The next day we received another letter from the planning dept telling us that the planning application had been subsequently withdrawn - one day after the decision was made - and the first letter was issued in error.

So, finally to the question:-

Does this neighbour have to reapply for retention of garage and/or house?
What is the next step in this situation, as the garage is now completed?

Any help with this situation would be greatly appreciated.

Thanks for reading!!
DeadOrAlive
Member
 
Posts: 1
Joined: Mon Nov 16, 2009 2:11 pm

Re: What happens when an application for retention is withdrawn?

Postby Tayto » Wed Jun 16, 2010 1:53 pm

DeadOrAlive wrote:Does this neighbour have to reapply for retention of garage and/or house?
What is the next step in this situation, as the garage is now completed?


Based only on the information you've provided and not knowing all the facts (eg. can the alterations be justified by compliance with planning conditions),

1. Eventually yes, or else re-build in compliance with the original permission(s).

2. The neighbour will more than likely receive a notice from the Council Planning Enforcement Department indicating the planning non-compliance issues and requesting that the neighbour states how they intend to regularise the matter. There will be a time limit attached to the request. Failure to comply will result in Enforcement proceedings. ie. They can order the non-compliant structures/features to be removed.

The matter can be regularised by a planning retention and permission.




-T.
Tayto
Member
 
Posts: 139
Joined: Sat Apr 04, 2009 7:00 pm


Return to Ireland



cron