Planning Permission Change

D

Donnachain

Guest
Hi has anyone bought a site with planning permission for a certain house but not liked it and had a different house in mind.

Does anyone know if this is a huge hassle? and do they frown upon it?
 
Deviating from the plans can cause serious hassle. Especially if the local authority find out after you have completed the work. AT the very least you will have to seek retention permission while at the same time the LA could issue enforcement proceedings against you. At worst, if those proceedings are succesful you could have to knock down and start from scratch.
 
Anyone know if its difficult to get retention of planning if the 5 years have expired before construction starts?
 
A retention application is submitted when unauthorised development has taken place. If construction has not commenced then then it is unlikely that unauthorised development has taken place, therefore you can't apply for the retention of something that doesn't exist.
 
I probably didnt phrase that very well Pantone!
Do you have to make a fresh planning application if the original permission runs out (time wise) before construction starts, or can you ask to get a date extension of say a year to allow the building to be done?
 
No, I havent started to build yet. im buying a site with planning permission for a 2 story house but i dont like it can i just reapply for pp with new plans?
 
You can just apply for new permission. Its important though that you are ( or make yourself) quite clear about all kinds of restrictions and regulations that may be in force in your local area. For example, the pp granted for the house you don't like may be some sort of compromised property after various meetings with local planners. You should examine the planning history of the site. You need someone expert ( architect, engineer or similar) with a good knowledge of the area to advise on the likelihood of a new application for something different being successful.

In saying that, at least there is pp so its unlikely that a new application would be turned down outright.

mf
 
Thanks Pantone, it is covered in that link!
A fresh application is required it seems.
 
Donnachain,

If you get your hands on a copy of the Planner's Report for the previous application it should detail all the issues and concerns of the planning authority in assessing the previous house application. It should indicate if there were any particular concerns from the roads department or in relation to water and sanitary services etc.. and any planning issues eg. height, access, scale, boundary treatments etc. Also, the conditions attached to the previous grant of permission may specify something that you will need to take into account. The Planner's Report should be available for you to download from the local authority website, but if not, you can get a copy at the public planning counter of the LA. This is public information so it is no problem to request a copy.

However, I would imagine that if your new house design is not hugely different from the previous permission in terms of height, scale, access, materials etc. that the planning authority will look favourably upon the proposal. However, this is only if the planning context of the site has remained the same i.e no new planning policy, objectives or zoning has come into play since the previous permission was granted that may impact on a new proposal on the site. You can always request a pre-planning meeting with the Local Area Planner who should be able to advise you on your new house design or layout and any issues that might arise in submitting a new planning application.
 
Thank you so much Pantone thats very helpful i will do that :)
 
is it 5 years you have before the pp runs out and if i put in new pp for a different house does that mean i get a restart of 5 years or have to do it in the time limit of the old 5 years hope that makes sense :) the site im buying has pp since 2004
 
If you want to build the current permitted house type on your site you have 5 years from the date that the final grant was obtained. That permission will expire some time in 2009, since you say that it was granted in 2004.

If you submit a fresh new planning application for a change of house type on the same site, the 5 years will begin on the date that the final grant of permission is achieved for the new (second) planning application. So, if you submit a new planning application in say February 2008 and receive a grant of permission in May 2008 (it takes 12-weeks to get a final grant assuming there is no request for further information from the planning authority or an appeal lodged with An Bord Pleanala etc.,), that permission will last until May 2013.
 
incorrect,

the original date holds for a change of house plans application,

if you submit a full new application then you could get 5 years but you have no guarntee you will get planning
 
:( so what would people suggest will I chance putting in for pp again to get 5 years. the houses are around the same size and are both 2 storeys and going on 3 acres of land
 
I see your point Gally74, I should not have stated a change of 'house type' in my previous thread but rather a new planning application. I probably confused things!

Would you agree that when you apply simply for a 'change of house type' that the planning authority may attach a condition requiring that the permission expires on the date that relates to the life of the parent permission (the previous planning permission in this case).

If the timeframe for completion of the development is then tight, the applicant could if necessary, submit an application to 'extend the permission' but only where 'substantial works' have been carried out pursuant to the permission and 'the planning authority is satisfied that the development will be completed in reasonable time'. Such an application however, must not be made earlier than one year before the expiration of the planning permission.

A specific condition regulating the expiration date of the new permission will not be attached by the planning authority, if it is a completely new planning application and not simply a change of house type on the site.

However, the applicant should be aware that if a planning permission expires and you apply for a new permission, the planning authority may refuse permission or attach significantly different conditions. This can happen if planning policies or the requirements for the proper planning and sustainable development of the area have changed in the interim, as stated previously.

I hope this clears things up and is not too confusing! Please do correct me if you think I am wrong or have missed anything out.
 
hello pantone,

If you reapply so as to get a new 5 years, then all bets are off,

you can, get planning with new conditions, enrulment clauses and the like,

if you apply for a change of house plans, you are better off to keep all other detail as it was before, the more changes the more possibility for denial,

such as, changing the distance back from the road, finihs floor level and the like,
 
Donnai,

why dont you do a search in your area on the coco planning site and just look for change of house types,

i think youll see that the original planning date will hold, but youll learn a lot,

p
 
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