# No planning permission for garage



## fluffy47 (31 Mar 2010)

My parents home was built in and around 1967. At the time the house itself was built after planning permission being given . A few years later my father built a garage at the back of the house. Following on from the death of my father late last year my mother is now transferring the house into her own name so that she can now organise her own will. On contacting our local Coco we found out that planning permission was never sought for the garage. It has also become clear that the garage that was built is over twice the size that permission would have been given for. We would like to organise retention for  the existing structure but are afraid that the CoCo may force us to knock it down and replace it with a proper sized garage, The existing garage has been on the site for almost 40 years. Any advice would be greatly appreciated.

Many Thanks


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## davidoco (31 Mar 2010)

*The enforcement of planning decisions is the responsibility of the planning authority, which has wide enforcement powers to ensure development is carried out in conformity with planning permission and to halt and rectify unauthorised development. However, any legal action must be started within seven years of the breach of the planning laws taking place.*


see paragraph 6 

http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0160.html

It is unauthorised development but you cannot be forced to take it down.


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## mosstown (31 Mar 2010)

you will be fine with getting retention.  it is not unusual for people to build garages twice the size they should be.


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## fluffy47 (31 Mar 2010)

Thanks for the replies. Just wondering where we go from here. Would we need to get proper drawings made up if what is there.... measurements, water pipes etc..... Who would one approach for something like this... hardly an architect?


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## MOFFY01 (31 Mar 2010)

yes, I think you do need to go to an architect.  It shouldn't be that expensive.


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## fluffy47 (31 Mar 2010)

Ok. Many Thanks again.


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## onq (31 Mar 2010)

fluffy47 said:


> Ok. Many Thanks again.



Fluffy,

Worthy and all as the contributors and posters to AAM are, you should not seek advice on such a limited assessment nor should you take it!
There are several issuse arising such as:


what garden area is left
what height is the garage
how it is accessed
what does it look like
can it be seen from the road
would it be considered exempted development today
does it adversely affect other propertie
does it set an unwelcome precedent
does it materially contravene or adversely affect the zoning
does it materially contravene an objective of the developmet plan
All of these factors may be considered by the local authority in assessing any new application and yes, the could in theory refuse it.
However an architect or building professional could possibly issue whats called a "letter of comfort" in relation to the unauthorised garage.
This is sometimes done in cases such as this, where the structure is built more than seven years AND where no enforcement letter or warning letter was issued within the relevant time limit from the date of completion of the works.

One way or another, I think you need to take professional advice and remember that a planner isn't all powerful.
While you can agreea way forward that is acceptable to the local authority with the planner and get a permission from the Council, anyone can object during the application process and then appeal the decision.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon      as a defence or support - in and of itself - should legal action be      taken.
Competent legal and building professionals should be asked to advise in      Real Life with rights to inspect and issue reports on the matters at      hand.


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## fluffy47 (31 Mar 2010)

Thanks again for all contributions made to my query. I will indeed take professional advice before undertaking any application.


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