Warning Notice - Planning Enforcement

Kigera

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Aggrieved neighbour has complained to Council stating that the extension built is higher than the dimensions granted in the planning permission. Currently only the blockwork is complete. Both Engineer and I believe that the blockwork is built to planning dimensions. Enforcement Officer inspected, and at site visit appeared to have no issues. However in correspondence following they stated that not enough of the structure is complete to make a decision at this time, to continue building and they will re-inspect in 3 months.

My issue with this is that the blockwork has a parapet wall and so that is the highest point. If I continue with build and Council subsequently find that I exceed the granted dimensions, then I presume I have to remove roof, blockwork, etc and rebuild to granted dimensions. I was also informed by the Enforcement officer on his site visit that I am fortunate complaint came in now, as if the structure was substantially finished and i did exceed the dimensions, then there is a fine of €1500, however as only blockwork worst case is to amend blocks. I am reluctant to continue with build until judgement made, but it appears Coucil are hesitant in doing this.

Has anyone had a similar experience?
Do the council allow a margin of error with heights?
Should the Council be giving a judgement on the compliant before continuing with build?
 
Aggrieved neighbour has complained to Council stating that the extension built is higher than the dimensions granted in the planning permission. Currently only the blockwork is complete. Both Engineer and I believe that the blockwork is built to planning dimensions. Enforcement Officer inspected, and at site visit appeared to have no issues. However in correspondence following they stated that not enough of the structure is complete to make a decision at this time, to continue building and they will re-inspect in 3 months.

My issue with this is that the blockwork has a parapet wall and so that is the highest point. If I continue with build and Council subsequently find that I exceed the granted dimensions, then I presume I have to remove roof, blockwork, etc and rebuild to granted dimensions. I was also informed by the Enforcement officer on his site visit that I am fortunate complaint came in now, as if the structure was substantially finished and i did exceed the dimensions, then there is a fine of €1500, however as only blockwork worst case is to amend blocks. I am reluctant to continue with build until judgement made, but it appears Coucil are hesitant in doing this.

Has anyone had a similar experience?
Do the council allow a margin of error with heights?
Should the Council be giving a judgement on the compliant before continuing with build?
Not enough of the structure is completed to work out eventual height. Are you having a laugh? Neither you or your engineer can work out the finished height? To me the council have given you a gentle hint and I would sit up and take notice. If you exceed height specified in drawings submitted with your planning application you breach your planning. If the council ignore this especially after it been brought to their attention the person could go to a solicitor and force the council to act and you could end up taking more than a few blocks down. Be careful and dont dig a hole for yourself.
 
It's not clear, but are you suggesting that you or your engineer think the finished build will be higher than the planning granted states? Surely your engineer should be in a position to assure you that all is in compliance?

I am reluctant to continue with build until judgement made, but it appears Coucil are hesitant in doing this.

They're very unlikely to make a judgement on what isn't there. You need to make sure your engineer confirms that what is built matches the planning granted and can provide sign-off backed by his insurance.
 
It's not clear, but are you suggesting that you or your engineer think the finished build will be higher than the planning granted states? Surely your engineer should be in a position to assure you that all is in compliance?

Sorry, for clarity, engineer’s opinion that what is built is as per plans based on dimensions from what be be finished floor level to top of wall. I’m building extension without assigned certification (commencement notice without documentation) so engineer won’t be signing off. I have just got them in do measurements because of warning letter.


The Council has not given me any hint, a warning letter Is issued on foot of a complaint and then council do inspection. At inspection council verbally said no issues but now won’t make a determination on a complaint. In my opinion, The complaint has only arisen as a disgruntled neighbour couldn’t picture what the the build would be like when planning was submitted and has since been very unpleasant with abusive language.
The council are the only ones that can make the judgement on the complaint about the height (regardless of engineer/architect opinion) and preciously said that if more was built and found to be in breach, a fine in excess of €1500 would issue. I’m not sure how I’m digging a hole for myself KOW, would ideally like councils judgment before continuing build. I have no issues with them saying the complaint isn’t incorrect, close case, inform neighbour and if the council want to inspect again, then they can! I would of just of thought the council should have a maximum timeline to make a judgement on complaints, so seeking people’s views or past experience.
 
I’m building extension without assigned certification (commencement notice without documentation) so engineer won’t be signing off. I have just got them in do measurements because of warning letter.

So who will be signing-off? With an aggrieved neighbour already you really need a competent professional to sign-off at the end that what was built is fully in compliance. You'll need to provide documentation if you ever go to sell.

The council are the only ones that can make the judgement on the complaint about the height (regardless of engineer/architect opinion) and preciously said that if more was built and found to be in breach, a fine in excess of €1500 would issue. I’m not sure how I’m digging a hole for myself KOW, would ideally like councils judgment before continuing build.

What you're expecting here simply isn't possible. The council can't provide any guarantee that what your builder has yet to build will be compliant with the planning granted. Interim certifications are pointless, as until such time as the work is finished, details could be re-worked that render that interim opinion void. Ensuring compliance as you progress is the engineer's job.
 
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As Leo is saying you will need letter of compliance should or if you need to sell in the future.
Also in a number of cases I am aware of council inspectors saying very little on site to avoid disputes or confrontation only to make the point with the pen.
For what its worth Kigera construct to specs submitted with planning and pay the dollars for letter of compliance. Anything else is not worth the upset and hassle. Good luck with the project.
 
You're asking Council to make a call on a building that isn't finished yet-impossible to do. Only continue the build if you are happy that the final structure will comply with the planning permission you were given.
 
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