Problem with enforcement notice
- This topic has 4 replies, 4 voices, and was last updated 14 years, 1 month ago by Anonymous.
June 1, 2007 at 11:23 am #709424aggiemParticipant
June 1, 2007 at 2:33 pm #789490AnonymousInactive
you really do not give enough information above…. are the dwellings terraced, semi d, detached…. is teh extension single storey or 2??….
how can you state ‘apparently’ a height was specified….. either it was or it wasnt…
a difference of 6 degrees over 8M could mean a reduction of 650mm… thats fairly significant….
the planning authority are not legally obliged to answer any letter you send in thats outside of the, scope of a planning application, nor can they agree any ‘compromise’….
my only advise is to lodge another planning application to retain the whole works, and if its refused again appeal it to an Bord Pleanala……making your case in full……if its refused from there you really do not have any option but to comply….
you could always ‘pay off’ your neighbour not to object this time…. swallow all your principles and pride…. just keep in the back of your head how much it will cost you to do the work….
and before others post here about the above advise, i just want to tell you a true storey about a guy that was granted permission to sell a site with outline permission by laois co co.. his neighbour appealed it to the bord, we advised him to give the neighbour whatever he wanted to wiithdraw the appeal…. the neighbour asked for the adjoining drain to be cleared and €950 to cover his professional expense to make the appeal……
our client refused to do this, the bord refused it, and he was down a possible €150,000…….. he will never get permission to sell that site again as the rural guidelines have since been strictly enforced……FOOL!
just my advise…. maybe someone else has another angle….
June 1, 2007 at 3:12 pm #789491AnonymousInactive
The buildings are terraced. Originally my property and the adjoining properties were single storey cottages but over time extensions were added and the property next to mine is two-storey flat roofed and the other cottages having varying roof lines.
When the retention was turned down I was not informed because the notice was sent to the architect, who was out of the country at the time, so it was sent back to the council and re-issued to the architect by normal post. He did not receive it until after the period to appeal to An Bord Pleanala had expired. He is now not responding to my calls so I cannot submit another planning retention because I have no drawings.
I would have thought the planners would judge the application in the light of the impact on the streetscape not just on what was in the original permission, and which I was inadvertently in breach of.
The extension is built over an already existing kitchen extension.
June 1, 2007 at 6:55 pm #789492AnonymousInactive
“have tried to seek a meeting with the planning department to try and reach a compromise but they refuse to speak to me or even acknowledge my letter.”
Keep after them. They will be willing to meet you if they think that you are genuinely trying to fix the problem. Telephone them first and find out who the best person to address the the letter to before you send any letter. I suspect that your letter was just passed on to Enforcement.
Was your enforcement officer willing to give you any advice?.
“He is now not responding to my calls so I cannot submit another planning retention because I have no drawings.”
Call in person to his house then. Every day if necessary.For weeks and weeks on end if necessary.(But be polite at all times! You do not want to give him an excuse to get the Gardai onto you.)
You will probably find he might fold quicker than you think.
“When the retention was turned down I was not informed because the notice was sent to the architect, who was out of the country at the time, so it was sent back to the council and re-issued to the architect by normal post. He did not receive it until after the period to appeal to An Bord Pleanala had expired.”
Sounds like you might have a case there. Your architect failed you in his professional duty. Perhaps a visit to your solicitor is in order?
June 12, 2007 at 12:54 pm #789493AnonymousInactive
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