Objection to DCC

L

Lara

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We went sale agreed on a house. It took a number of months to complete due to circumstances of the owner at that time. A number of years ago, they had made an adjustment to their front driveway (opened it up) but as they didn't apply for PP no-one is sure when the adjustment was made.

At the point where the sale was just completing (2-3 weeks to close), a neighbour put in an objection to DCC about the driveway. We still went ahead with the sale because backing out (due to family circumstances) was going to make things harder for us in the long run and we really want to live there.

DCC have now upheld the objection and we have to reinstate the driveway as it once was. TBH, I am still annoyed that our neighbours (unknown) did this at such a late point in the sale, I'm guessing to protect their 'friend' from assuming the cost of repair before they sold (the seller was not short of money).

This has left a bad taste in our mouths that our 'new' neighbours would do this and not have dealt with the matter with the old owner when it had existed like that for several years. The house itself needs a lot of work and we have maxed out our budget on these repairs. The driveway has now added a burden of several thousand euro.

I an thinking of sending a letter to the objector via DCC, saying that this was an unfair thing to do and that they should have dealt with the matter with the original owner at the time. I know it won't change anything but i do feel what they did was wrong and not very neighbourly.

Any opinions on this? TIA
 
can you not apply to DCC for retention PP of the existing drive way?

If your lovely neigbour wants to object then he/she will have to do so formally and their objection will be on the DCC website
 
Yes we could keep it but there is cost involved in that also and we feel in the long run we would have reinstated things as they were (when we had the money).

It's just the way they did it and the fact that we now have a two month requirement from the council to fix it and our budget is shot right now.
 
Plus I have a feeling it would be a battle to get retention. Only one other property has done this on the estate and the owner is disabled apparently.
 
You are wasting your time writing to anyone other than DCC about this.
You bought with full disclosures and regrettably you went ahead.

What good will it do you to find out who objected: you can find out anyway but whats the point.
Firstly, get DCC to prove that the 7 years has not expired for enforcement: you are better pursuing that point rather than the other flaffing around

If they can, which I doubt, face the issue up front and if you don't have the mula now, write back to DCC and tell them that, the 2 months is only a procedural timeline, it could take 5 years to get to court.

In addition, was this a cash purchase as no lender would lend with this sort of problem. Did your solicitor/ house survey person pick up the problem originally?
 
Google maps will let you see an image from 2009 for most roads. If the new layout was in place in 2009 then you might have a good argument on the 7 year rule.
 
I'm sure your solicitor advised you to sort this out before closing, but you've bought into this mess, so you now have little choice but to remedy it.

You can put in a fresh planning application to put in a driveway and request the footpath dishing works (see here). The same neighbour, and perhaps others may object.

As Branz says, don't waste your time trying to identify or contact the original objector, you'll get nowhere. DCC will not pass on communications to objectors. The objectors were entirely within their rights to object as they did.
 
You're right Leo, they are within their rights to object, but I can see the OP's point about why it wasn't done sooner and only cropped up when the sale was almost complete. Smells a little fishy!
 
PaddyW said:
You're right Leo, they are within their rights to object, but I can see the OP's point about why it wasn't done sooner and only cropped up when the sale was almost complete. Smells a little fishy!
Click to expand...

Agreed, I'd guess is the objector was discouraged for whatever reason to raise their objection at the time and saw the change in ownership as their opportunity to resolve the situation.

The suggestion this was to 'save their friend' the cost doesn't make sense given the timing. If that was the case they'd have waited until after the sale closed. In fact it might even be the opposite in that they were trying to hamper the sale.
 
JohnJay said:
Google maps will let you see an image from 2009 for most roads. If the new layout was in place in 2009 then you might have a good argument on the 7 year rule.
Click to expand...

Good idea, that will at least rule out action on the enforcement. But the OP will not be able to apply for any other development without resolving this issue, and if/when they go to sell they will run into this issue again. Now this is registered, no bank will touch it.
 
Leo said:
The suggestion this was to 'save their friend' the cost doesn't make sense given the timing. If that was the case they'd have waited until after the sale closed. In fact it might even be the opposite in that they were trying to hamper the sale.
Click to expand...

Good point that, could have cost their friend the sale, so objecting after the deal makes much more sense.
 
It might also have been a disgruntled under-bidder who did some research that did the reporting.

Don't go blaming the poor neighbours!
 

DCC don't uphold complaints, they uphold the Planning & Development Act.
Your surveyor should have noted the entrance widening and requested a Certificate of Compliance and proof of Planning Grant.
How did the sale go through with a planning issue on site?

What exactly have you got from DCC?
If you want to PM me the address I can look at it for you and see what the issue is. Usually Planning Enforcement issue a warning letter and you can either reinstate the works, apply for retention to complete or prove it is in place over 7 years and thus make it un-enforceable but bear in mind that any future planning applications will be invalidated due to this enforcement hanging over it and also any future legal searches will identify it.
 
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