Breach of planning

B

beingeco

Registered User
Messages
10
What can you do if a builder is breaching their planning conditions on a one off house?
i.e. new windows on upper level that will over look, not retaining a hedge, relocating the house further back from the road.
 
Talk to your local authority planning department first. Ask to speak to their planning enforcement people, but try to be prepared with as much detail as possible, like the address and preferably the planning file number which might be available on the website depending on the CoCo involved.

z
 
If the work is started, from experience, not a lot.
You can speak to the planners but I doubt they would ask the builder to take down the house again.
From experience my parents objected when their new neighbours planted a Lyllandia hedge which was in breach of planning regs, which stated it had to be a block wall and nothing was done.
Usually builders apply for retention after the fact when they want to sell.
 
I know of a situation where already installed (overlooking) windows were removed and replaced. I also know of one where the glass had to be removed and obscured/frosted so that light was let in, but you couldn't see out.

z
 
Zag - I would be interested to hear more about this. Neighbour of my parents caused a lot of heartache by putting in a new window on the side of their house and a dormer window in an attic conversion which they hadn't got planning permission for. I appealed and they applied for retention and it was granted - apparently automatically. Just wondered what made the difference in the case you quoted in case I encounter that in the future.
 
I know of many such cases too. Such as someone opening a new entrance, and being forced to close it up and use the old one, one person who was forced to reslate an entire roof when the slates they put on were brown instead of the black slate that was in the planning, gable windows being closed up which had been made without planning etc etc. On the other hand I've seen loads of people do exactly what they wanted regardless of planning, and afterwards applying and obtaining retention. You'd be wasting your time looking for a standard in Irish planning, there is none. In my opinion the system is entirely corrupt and political.
 
Well now you mention it...........yup, that makes sense, unfortunately. This lot used their front garden as a scrapyard for years and all my father's efforts and appeals could not get it stopped. Then they knocked out a large window in the side of the house which meant his back garden was overlooked; they were practically eating their meals with him as he weeded his vegetables. Next they put in an inordinately large dormer window - which kyboshed any other privacy. I did a search, found there was no planning application submitted and appealed. They produced permission for retention.

But aren't these people going to have great difficulty when/if they come to selling on these properties?
 
You cannot sell a house which does not comply with planning regs.
It is also difficult to get a bank to lend you money to build a house which does not comply with your planning permission.
However many people do the work first in the hope that they will be granted retention when they apply.
I think you can appeal any decision with the planners but from experience it really depends on who you know about whether planning is approved or not.
Often getting a local politician involved is the only way to go.
 
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