Planning query

[KerryG]

Hi,

I presume there is nothing can be done about a building when it is half way up?

I understood that once planning is granted, thats that, but people are telling me different so decided must check it out.

Briefly objected to initial planning app, which was refused, but never knew about 2nd application.

I was keeping an eye on the site notice but it never changed. By the time I heard planning had been granted.

Anyway, half built upstairs window looking into kitchen, bedrooms etc. I was almost resigned to it but if there was anything I could do it would be shame to let it pass. Any info appreciated.

 

[ang1170]

Check with the planning department of your local council, who should have details when (or if!) planning was actually granted. If it was, there's probably not much you can do, unless what's being built doesn't match the application. If it wasn't, you should follow up with the council.

 

[bacchus]

Nothing you can do now. PP has been granted.

 

[ajapale]

Hi KerryG,

I dont understand your question could you clarify?

for instance what does this mean?

Anyway, half built upstairs window looking into kitchen, bedrooms etc.

aj

 

[Toby]

But if they reapplied for planning their new planning notice should have been yellow to make it clear that it was a new application - once it was within 6 months of the original appplication. If they didn't follow these rules then you might be able to make them stop building and force them to apply for retention of the building. Not using a yellow notice caused an application I am aware of to be delared invalid so it is taken seriously.

 

[KerryG]

ajapale - house is only up to roof level so the window is only half done at this stage- dormer- so half of it exists now and the rest will be in the roof part.

Toby - I definetly never saw a yellow notice there however I presume it would be impossible to prove that at this stage as the notice is gone now anyway. I never saw the notice change in any way which I was watching for as the initial app was for a different number of houses so I expected to see a totally new site notice if there was a new application.

I have looked at the plans (too late obviously!) and the are building according to the plan. Just a shame I didnt see them in time.

 

[ajapale]

KerryG,

I still don't understand your original question.

Is this your house or a neighbours?

Was planning permission sought and granted for the development?

If so is the house being constructed according to planning permission granted?

AJ

 

[Orga]

There's a key point here that no one has hit on yet - you made a submission initially and if you can show that the second application was not materially different from the initial application then your submission would stand. Should you be able to show that the council did not then consider the submission in granting the permission then you have a string case. regardless, if you are within timeframe you may still appeal to an bord pleanala. Though its unlikely in the extreme that you are as building has commenced. Your only other option is to seek a High Court injunction to stop work while seeking a judicial review of the council's decision.

 

[picorette]

The first thing you have to do is to establish the legitimacy of the second planning application.
Go into the planning authority offices and spend time going through the file for the approval , presumably the second application.
If the second application was submitted within six months of the first, then a yellow copy of the site notice should have been submitted, and the planning authority should have picked up on it.

 

[orka]

KerryG,

I still don't understand your original question.

Is this your house or a neighbours?

Was planning permission sought and granted for the development?

If so is the house being constructed according to planning permission granted?

AJ

My understanding of the query is:
An initial application was lodged which the OP objected to - this was refused.
A second application was lodged but the OP did not see the site notice, application etc so didn't object - permission was granted.
The house is now being built, totally in accordance with the plans. It is half-built but the OP can see that the upstairs windows of this new house overlook the OP's kitchen and bedrooms.
The OP is asking if he/she can do anything at this stage.

 

[bertson]

You need to establish if the initial application was turned down because of your objection, or relating to another reason. It may have been a design issue or septic tank issues etc

 

[KerryG]

Thats for all the replies.

The new application was totally different to original and original was turned down for lots of reasons, traffic, density etc, not solely because of my objection which would have quoted those reasons as well as my own.

The new app was definetly within 6 months of previous, I already looked at the file but wasnt looking for the second site notice, will go tomorrow and have another look.

I know its probably too late but at least I feel I must check all options. The house is next door to me and all the other neighbours had objected to the initial planning as it was really unsuitable to the area, this house is fine from that point of view, it fits in pretty much (is still taller than any others) but unfortunately upstairs windows are overlooking mine.

 

[Toby]

I'm pretty sure they would have had to submit a copy of the yellow planning notice with this second application - so you might have grounds to stop them and force them to apply for retention and new planning if this isn't on file at the planning office. Be interested to hear what happens!