# Council told us to stop building garage extension



## kd1964 (12 Jun 2009)

Hi

We built a garage 15 years ago and decided to add 10 foot to it this year. We got a letter from the planning authorities this morning telling us to stop, that it is an "unauthorised building".

Can anyone advise me, what is our next stop.

Thanks
Kathleen


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## VOR (12 Jun 2009)

*Re: Garage Stopped*

Did you get planning permission for the garage 15 years ago?

Have a look at this:
http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,1586,en.pdf

You should call the planning authority and speak to them. They will explain the reason.


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## kd1964 (12 Jun 2009)

*Re: Garage Stopped*

no, the garage i originally built was under the regulation size so that was ok, the extension is the problem.


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## VOR (12 Jun 2009)

*Re: Garage Stopped*

Well that's the problem then. You have used up your 25m2 exemption so you need planning for this extension.


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## kd1964 (12 Jun 2009)

*Re: Garage Stopped*

I know, I know, but is it more difficult to get permission now that I have been stopped. What are my options, to re-apply, someone said if i leave it for some years as it is, that will work??


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## woodbine (12 Jun 2009)

a neighbour may have alrerted them to the fact. I don't know about leaving it a few years and reapplying. I would imagine that if they're quick enough to stop the current build becasue of a) a complaint received or b) through their own resources then they have an issue with it.And i can't see that changing over time. (especially if they were alerted by an annoyed neighbour who could just do the same thing, or object if you apply for planning.) 

Why don't you just apply for permission? If anyone has a problem with it they have the opportunity to publicly voice their opinion (an objection in writing) and your application might be successful anyway.


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## Vinnie_cork (12 Jun 2009)

*Re: Garage Stopped*



kd1964 said:


> Is it more difficult to get permission now that I have been stopped. What are my options, to re-apply, someone said if i leave it for some years as it is, that will work??


 
It will not be more difficult. Not unless you were building something mad or something that would be a danger. Or something that has a window looking directly into your neighbours bedroom (which could be a reason why stopped if neighbour complained to council).

Leaving it for a few years and carrying on again will not work. If someone reportred you they will do so again. There is no exemption for having it built for a period of time, unless something was built without planning pre 1967 or 69 (can't recall which).

40m2 is the exemption for rear of dwelling without planning. 


If you have to go for planning you will have to go for retention & completion planning. Call into the planning department and they will give you the info.

It is possible to go for planning yourself with out hiring an architect (seeing as you were building the extension already I assume you do not have one).

The cheapest you will be able to get the planning will be do application yourself about €250.

€80 for "Planning pack" maps for your site (you will have to point out your property on their system) available from Ordinance Survey Ireland (google them, they have offices nation wide).

The planning dept will calculate the fee. I reckon it will be about €102.

Ask the planners for help with the wording of the newspaper advert, this will be the same wording on the site notice (which you must erect on your boundary wall facing public road, the location of where you plan to erect the notice must also be identified on your site layout.)

You can advertise in local papers (verify which one for your area with the planning dept).
A national paper may cost €180 to advertise where a local one will cost €20-80. So the cheaper one makes sense unless you like paying premium for prestige and having it in the Indo J. 


Simplest thing to do…. Go to planning department and ask for planning file on hand that someone in your neighborhood submitted to get an idea of what need to be submitted.

Failing that ask an Architect to Engineer to do a planning application for you. (It will cost you well over a thousand euro though.)


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## lightswitch (12 Jun 2009)

Are you entitled to know who made the complaint under the freedom of information act?


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## woodbine (12 Jun 2009)

we don't know for definite that there was a complaint made re the OP's building. 


But I know that for any councils who have e-plan system, not only can you view planning documents online but you can (usually) also view any submissions made in relation to the application. Youmay not be able to view older applications going back years but most current ones are available. 

They can also be viewed at council offices.


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## rory22 (12 Jun 2009)

> Are you entitled to know who made the complaint under the freedom of information act?


 
From my experience no. The identity of people who make complaints is protected. You can view planning files in the co co office but enforcement files cannot be viewed by the public. I had a similar problem and I would imagine that being told to stop work is the first thing that will happen after which the enforcement dept will become involved meaning you will not be able to leave an unfinished structure in place till it is exempt, and even if it were exempt it would still not be legal but simply exempt from enforcement demolishment orders (this could mean problems getting full house insurance or problems with selling the property should you need to do so down the line)
If it were me _I would contact the council and try to find out the situation with the help of a local architect rather than waiting for them to come back to you._


> a neighbor may have alerted them to the fact.




_Would agree with this, can't see civil servants driving around looking for work, second thoughts maybe times are changing._


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## Padraigb (12 Jun 2009)

lightswitch said:


> Are you entitled to know who made the complaint under the freedom of information act?



Even if you were, that information would not alter the facts. And it might lead to problems between neighbours.


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## kd1964 (12 Jun 2009)

Hi

Thanks for all of the replies. I phoned the council and, for a fee of 15.00, i can make a submission under teh freedom of info act to find out who complained (if they gave their name).

The planning pack is a great idea, I might try applying myself, however I may get a councillor involved - just in case.

K


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## Clarelassie (12 Jun 2009)

I think it is a good idea to find out what the neighbours complained about as when you submit your planning, if you take the reason behind their complaint into consideration, you may prevent them slowing/stopping your planning permission. 
Of course, this will only work if it is a reasonable complaint, but i do think that knowledge is key.
Good luck with it!


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## mro (12 Jun 2009)

Clarelassie said:


> Of course, this will only work if it is a reasonable complaint



Well obviously it was a reasonable complaint if there was no planning application for the extension and it was over the exemption size which it seems to have been.


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## lightswitch (12 Jun 2009)

The reason i asked about the freedom of information act is that I may shortly need to make a complaint myself.  The man involved is a bit of a nut so I dont fancy him finding out it was me that made the complaint.  I dont actually agree that this information should be given out as it would lead, an my case anyway, to serious problems.  I'm sure it deters many people from complaining.


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## Sue Ellen (12 Jun 2009)

lightswitch said:


> The reason i asked about the freedom of information act is that I may shortly need to make a complaint myself. The man involved is a bit of a nut so I dont fancy him finding out it was me that made the complaint. I dont actually agree that this information should be given out as it would lead, an my case anyway, to serious problems. I'm sure it deters many people from complaining.


 
Might be worth checking with the Council.  I had heard in the past that you can possibly get a Councillor to object if there is a valid reason but this may be totally wrong.


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## lightswitch (12 Jun 2009)

Thanks for that information Sue Ellen, I'll look into it.  LS.


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## mosstown (12 Jun 2009)

my architect has reliably told me that you can look at any planning file in our local council's offices in the Midlands.  freedom of information act or something like that.


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## fabbio (13 Jun 2009)

kd1964 said:


> Hi
> 
> Thanks for all of the replies. I phoned the council and, for a fee of 15.00, i can make a submission under teh freedom of info act to find out who complained (if they gave their name).
> 
> ...


 

Making a planning application is not as straightforward as one might expect, especially for a novice. There is quite a high rate of invalidation of planning applicaitons as the Councils are very particular about the drawings and documents that have to be submitted. Spending a little money to get the application prepared professionally may make the planning process easier. This is especially important when dealing with unauthorised structures.


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