Not a fan of Dublin planning

Not a fan of Dublin planning

Postby Ollopa » Sat Jul 10, 2010 8:59 am

DCC has granted PP for the erection of two air conditioning condenser units on my roof. The problem is: I didn't apply for it.

The permission was granted to a commercial premises beneath my apartment which was doing minor internal works and which has no title to my property (I have what's called a "flying lease").

Now things have soured with the business and they have erected the condenser units on a back wall at head-height. This is not on the public street and not on my property, but it is just 30 cm. from my entrance steps, which means that children and adults have to pass in front of these fans.

My questions: is the entire PP for the development invalid? Do I have a remedy for the ugly and unhealthy imposition of fans just inches from my entrance?

Thanks.
Ollopa
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Re: Not a fan of Dublin planning

Postby wearnicehats » Sat Jul 10, 2010 9:30 am

Ollopa wrote:DCC has granted PP for the erection of two air conditioning condenser units on my roof. The problem is: I didn't apply for it.

The permission was granted to a commercial premises beneath my apartment which was doing minor internal works and which has no title to my property (I have what's called a "flying lease").

Now things have soured with the business and they have erected the condenser units on a back wall at head-height. This is not on the public street and not on my property, but it is just 30 cm. from my entrance steps, which means that children and adults have to pass in front of these fans.

My questions: is the entire PP for the development invalid? Do I have a remedy for the ugly and unhealthy imposition of fans just inches from my entrance?

Thanks.


if they are where they are supposed to be then you've missed the boat with regard to planning as you should have objected at the time

if they aren't then contact DCC's enforcement department.

Planning Enforcement Section
Civic Offices, Wood Quay, Dublin 8, Ireland
T. 01 222 2147. F. 222 2669 E. planningenforcement@dublincity.ie

You can download the form at http://www.dublincity.ie/Planning/PlanningComplaints/DevelopmentComplaint/Documents/Enforcement_form 2 b +g.doc

whether they are correct or not but you perceive them to be a danger then contact the HSA at http://www.hsa.ie/eng/Contact_Us/ and ask for advice

unfortunately both of the above organisations are operating a go-slow(er than usual) policy at the moment as they still think they are better than the rest of us and don't deserve a pay cut. You may, therefore, find the process frustrating
wearnicehats
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Re: Not a fan of Dublin planning

Postby PVC King » Sat Jul 10, 2010 9:57 am

I would go to the planning department check the file and look at the landlord's consent on the file; with many buildings it may be that the 'management company' of the flats above retains all upper parts and that notwithstanding the planning consent that there may be alternative remedies available to you; should this be the case then flat owners like you would need to have granted consent. Should they not have valid landlord's consent then it may also invalidate their application as they would not have secured the 'valid title' for what they applied for. If the restaurant is owner occupied and if they are in effect your landlord then you are sunk with this avenue as they would control all areas of the building not demised (on lease) to all other occupiers in the building. Should the building not be controlled by the restaurant owner then whilst I am not advocating that you stop paying either ground rent and or service charges if the property is managed by an agent I would advise that you express your complete displeasure and ask for justification on the grounds of 'good estate management' and ask for confirmation that the installation is fully compliant with the terms of their occupational lease.

What I would do regadless of planning is take a photographic survey of the installation and take close up photos of the installation as it is possible that the additional imposed weight load may cause repairing issues down the line which you do not wish to pay for down the line in terms of higher service charge contributions. To fully evidence your position I would ensure that you take photos of the equivelent area to the other side of the door and at any point into the building where any pipework associated with the plant enters their unit.

I'd also contact environmental health to ascertain if there are any additional regulations pertaining to the installation of commercial ventilation equipment within specific distances of residential units in mixed use schemes.
PVC King
 


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