- This topic has 9 replies, 7 voices, and was last updated 15 years, 10 months ago by Anonymous.
July 11, 2006 at 12:01 pm #708770wits endParticipant
I live on a terrace on a very busy road. It is a residential conservation area, although only the houses on the opposite side of the road are protected. Most of my neighbours used part of their gardens to put parking in front of their houses years ago. I applied to open part of my front garden for parking, but was refused. After continual problems with security and never being able to find parking, I eventually decided to take a risk and open a parking space, hoping that I would be allowed to retain – I did it sensitively and it is the only house where it looks like it was always that way. Neighbours (who already have parking) complained.
Planning Enforcement are making me put it back to the way that it was. They say I cannot apply for retention. Is there any way that I can appeal
Can anyone help, or suggest a good solicitor who won’t charge me corporate prices…it will virtually impossible for me to own a car if I lose my parking
July 11, 2006 at 7:03 pm #782861AnonymousInactive
Seems odd that they won’t allow the retention application. I’m not usually in favour of retention in principle, mainly as allows too many people to act in a cavalier fashion in the knowledge that planning departments are understaffed or whatever (not that I’m implying this was your reason), but it does exist and many people use it in precisely the fashion you intend to. Did they give reasons for not allowing you to follow this course? As the work has been done, you can’t apply for permsiion in the normal way, so retention would seem to be the obvious, even the only, avenue available to you. Maybe just apply for retention anyway and let them explain why not?
It seems odd, especially as there is precedent on your very street for this kind of thing. Did any of your neighbours have to apply for permission? Though maybe they won’t say if they’re opposed to your development. Presumably it was one of them who alerted the local authority to your works.
Lastly, perhaps a planning consultant would be a better bet for this one than a solicitor? It is a planning rather than a legal issue, after all. Check the IPI website (http://www.irishplanninginstitute.ie, I think) for a list of consultants in your area.
One other thing- is the conservation aspect important here, or was it just the unauthorised development aspect that concerned the enforcment officer?
(Sorry this is so bitty/jumpy- I’m in a mad rush.)
July 11, 2006 at 8:14 pm #782862AnonymousInactive
Did you already apply and were rejected, and decided to build anyway.
Or were you told that IF you apliy you won’t get permission.
July 12, 2006 at 1:42 pm #782863AnonymousInactive
The planning officer told me that since I had already applied and was rejected, then went ahead and carried out the work anyway, that I could not apply for retention.
I has since been told by another source that I could apply for retention, but that the application would be automatically rejected, however, once rejected I could then appeal, and maybe get it legalised in that way. Is this the case?
Another route suggested to me was to put everything back the way it was, and start the application process all over again.
My neighbours have had parking for years, I guess from way before planning in the area was any sort of issue.
I have had numerous cars stolen, and my car was burnt on the street in front of the house out on another occasion, and I could show this in court. In addition, the laneway rear access to most of the terrace is totally blocked by years of neglect, rubbish and totally overgrown. I have a strong argument that I have no rear access, so having front access allows me to do work on the house that would be otherwise very difficult.
Suggestions welcome, thanks for your comments
July 12, 2006 at 2:37 pm #782864AnonymousInactive
This is a bit of a mess now since you give the impression you are flouting the law by going ahead with development that has already been refused permission. …but hey only today our illustrious legislators in the Oireachtas have done the same thing.
I also think you should get help from a planning consultant.
BTW the issue of rear access is not as solid as you may think as the bye-laws require you the owner to maintain this laneway (with fellow householders of course).
July 12, 2006 at 3:33 pm #782865adminKeymaster
That depends on who owns the laneway as many laneways are still held by freehold estates who in some cases have landlords covenants to repair but more often the land is given to the occupants on a right of way basis only which can also be old enough not to afford the right to pass and repass with carts and or motor propelled vehicles.
Sorry but I have no sympathy for your situation you could have appealed the initial decision to An Bord Pleanala for a determination.
July 12, 2006 at 4:41 pm #782866AnonymousInactive
There’s a difference between ‘You may not apply for retention’ and ‘Don’t waste your time as it’ll be refused’. The latter would be fine in this case, the former seems suspect.
Why didn’t you appeal to An Bord Pleanala in the instance of the first refusal?
Putting everything back the way it was in order to reapply might give the impression that you want to do the right thing, but could be expensive if you then want to reverse the reversal, if you follow my meaning. Though of course you would ultimatley have to reinstate the former situation eventually if enforcement goes the full course.
Again, a planning consultant is the best route. Without details, drawings, copies of the enforcement letter etc. it’s hard to say much more than this. It’d be money well spent.
July 12, 2006 at 4:52 pm #782867AnonymousInactive
search for “Raglan Road” into http://www.pleanala.ie for a very similiar case/decision on this topic. Might be in some way informative (BTW I presume you do not live there as you describe the rear of your property as overgrown).
July 12, 2006 at 8:30 pm #782868AnonymousInactive
I think you did alot more damage than good for applying for permission and going ahead when refused.
You would of had better chances if you just built without a planning application
July 15, 2006 at 1:47 pm #782869AnonymousInactive
Yes, the planning enforcement officer effectively said that it would have been better I had not applied for planning in the first case. I agree with Stephen above, I was clearly flouting the law. I was not happy to break the law, but it seemed such a farce that most of the other houses already have parking. Also, I was the only one that did it sensitively using original materials, and in-keeping with the style of building. I do live in the house, and it is only the laneway at the back that blocked, otherwise the property has been restored, and I am the only owner-occupier on the terrace. The other houses are all in flats.
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