Build first, ask later – 1000s are building without planning permission and getting away with it

 If anyone has carried out development without planning permission and now you need retention planning permission, please give BPS a call to discuss.

Thousands of people who carried out building works without planning permission have been granted retention approval by local authorities. 

An Irish Independent investigation lays bare the culture of “build now, ask later” with an analysis of figures provided by councils and a trawl of planning applications. Building first and asking for forgiveness later is an approach that has been adopted by at least 11,000 people since 2019.

Retention permission is sought after an unauthorised development has been built. More often than not, these applications are approved, according to data seen by this newspaper. While some of the works were extremely minor, or involved a slight deviation from permission already granted, others have built huge extensions and one-off houses. Of the 1,260 retention applications made to Dublin City Council between 2019 and 2023, only 193 were refused.

Read the full article @ The Irish Independent 

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You are hereNews Limerick City Council warns Limerick school over redevelopment

LIMERICK City Council has initiated proceedings against the board of management at John F Kennedy Memorial National School over concerns the construction of the new school breaches planning regulations.

City Hall’s planning department has served two enforcement notices on the board of management at the Ennis Road school, warning them they may be in breach of planning legislation

One relates to the height of the development - expected to be complete in November - while another refers to unauthorised windows on the west-side.

If the school does not act, to correct this, it could be brought to court by the local authority, where it could face fines of up to €12m.

Construction of the multi-million euro redevelopment of the northside school finally got under way last year. The development will see a courtyard-style building with 11 classrooms, a sports hall, and adjacent facilities, able to cater for up to 300 new students.

But in a warning letter issued to the school, the city council planning department wrote: “that a possible unauthorised development is being carried out on [the lands of JFK], namely non-compliance with a planning condition.”

One local resident - who did not wish to be identified - claimed the building is already a metre over the height the school has planning permission for - yet there is no sign of a roof yet.

However, school principal Bill Reidy has insisted the enforcement notice has been acted upon, and the problems rectified since it was issued in July. He declined to make any further comment.

Limerick City Council has also ordered the removal of “unauthorised windows on the west elevation” of the development.

Limerick Leader

www.buckplanning.ie

Council probes planning breach at cement plant

Dublin city council is investigating an alleged breach of planning permission at a concrete works in the East Wall area owned by Mexican cement giant Cemex.

The council issued a warning letter to the buildings materials company in July over activity at its concrete works at East Wall Road. A spokesman for the council said it had received correspondence from Cemex outlining the company's position and was now investigating the matter.

Cemex Ireland, established in 1965, is one of the largest building materials groups in the country and is one of CRH's chief rivals. Its parent firm is the largest building materials supplier in the world and the third-largest cement producer. The company operates at several sites in Dublin.

A spokeswoman for Cemex said it had made its position clear in correspondence with the council and would not comment further.

Sunday Tribune

www.buckplanning.ie

Council probes planning of ‘hangar-like’ building

CORK County Council has issued a warning letter to a wealthy businessman who travels from his home by helicopter about an alleged unauthorised hangar-like building on his land.

The council confirmed yesterday that its planning enforcement section issued Michael O’Regan with the letter on June 13 on foot of complaints about the large structure which has been erected on his land close to his family home just outside Blarney in Co Cork.

The council confirmed that the structure, which measures about 60 foot long, 30 foot wide, by about 30 foot high, does not have planning permission.

Mr O’Regan transformed Masterlink Logistics — a small family-run transport and distribution operation set up in 1983 focusing on Munster — into one of the country’s leading logistics and distribution companies with offices in Cork, Galway and Dublin.

Its customers include Waterford Crystal, Philips, Clarkes Shoes, Tesco, Blarney Woollen Mills and Smyths Toys.

Mr O’Regan was also involved in the development of Blarney Business Park.

He travels regularly by executive helicopter which lands on a helipad pad close to his home.

It is understood the complaints to the council raised concerns that the structure could be used as a hangar for a helicopter.

In its warning letter, the council said the alleged unauthorised development was brought to its attention.

It said the matter could be subject to further investigation and gave Mr O’Regan four weeks to respond.

A council spokesman confirmed that a planning consultant hired by Mr O’Regan responded in great detail within the statutory four-week period setting out his position on the matter.

In that response, Mr O’Regan accepts that he does not have planning permission for a hangar, the spokesman said.

Mr O’Regan claims that the structure is an agricultural storage shed, he added.

Such structures could be exempt from planning depending on floor space and proximity to other buildings.

“We are now examining the issues raised. A site visit by a senior planner is planned for the coming days,” the spokesman said.

Despite several attempts, Mr O’Regan was not available for comment yesterday.

Planning officials will consider Mr O’Regan’s planning consultant’s report before deciding on whether to issue enforcement proceedings.

Work started on the steel-framed structure some time in April.

Three large concrete delivery trucks were on site yesterday pouring concrete around the outside of the building, close to a vast floodlit paddock which was built last year.

Figures from the Irish Aviation Authority (IAA) show that helicopter ownership in Ireland has rocketed in the last decade.

There were just 34 helicopters registered in Ireland in 1995. The figure had grown to 120 within 10 years, and at the end of 2006 had risen to 129.

By June of this year, the number of registered helicopters stood at 146.

Last month, An Bórd Pleanála upheld a Limerick city council decision to refuse planning permission for Limerick businessman Noel Kearney for helicopter-landing facilities on his land.

He had argued that the competent body to adjudicate on the matter was the IAA which had previously ruled that a “rotocraft” not being used for public transport may take off or land where there was no undue hazard, dependent on permission from the landowner.

Irish Examiner

Man to defy order to demolish house

THE man at the centre of a major planning enforcement row vowed last night to defy an order to demolish his “unauthorised” holiday home.

David Galvin received an enforcement order from Cork County Council yesterday directing him to cease all work on what it says is an unauthorised structure on scenic Brow Head in West Cork, and ordering its demolition.

The house, which is almost complete, has been built on the same site as an old farmhouse located on a 20-plus acre site Mr Galvin bought last year. The headland site overlooks some of Ireland’s leading beaches.

The council’s order said the old dwelling had been demolished entirely. It also stated the footprint of the new dwelling has been increased substantially and its overall height has been increased significantly.

But Mr Galvin said the order’s statements were factually incorrect and he restated that he has done nothing wrong.

“I can’t comply with it because I haven’t done anything wrong. As far as I’m concerned, the council has served this notice without any consultation with me or my professional advisors and without considering any of the engineering evidence. I have every intention of rectifying this situation.”

He met his legal advisors yesterday to consider his options. A legal challenge against the council is being considered.

Mr Galvin has provided engineering reports and photographs which state the new house has been built on the same footprint as the original house. They state the ground floor measurements of the new house, at 1,040sq ft, are the same as the original.

They also show that while the pitch of the new roof has been changed, its height of 6.2 metres is the same as the original. Window openings have also been enlarged to meet modern fire safety regulations.

Mr Galvin said the work he has done is a repair and renovation of the original farmhouse, and is therefore an exempted development which does not require planning permission.

But the council has said that as far as it is concerned, the new home does not have planning permission and is unauthorised.

Irish Examiner

Holiday home could be demolished

A MAN has been ordered to demolish an “unauthorised” holiday home he has built on one of the country’s most scenic headlands.

But last night, David Galvin insisted he has done nothing wrong.

Mr Galvin said the almost completed two-storey house on Brow Head in West Cork is the repair and renovation of an existing farmhouse and is therefore an exempted development which does not require planning permission.

He said the council’s description of the holiday home as “unauthorised”, without considering the facts or taking into account engineering evidence, seemed like an absolute abuse of council power.

He added: “I am still available at any stage, and would welcome an opportunity to discuss the matter with planners.”

The council signed an enforcement notice last week against Mr Galvin in relation to what is says is an “unauthorised development” on a 20-plus acre site he owns on the headland.

The site overlooks some of the most unspoilt beaches, scenic bays and rugged headlands in the country.

The enforcement order, which Mr Galvin said he had not received by yesterday, directs that all construction work on the site stop.

It also directs that the house be demolished, that the site be reinstated and excavated areas grassed-over to return them to a natural state, and that Mr Galvin refund the €548.75 the council has spent investigating the matter.

Last night, he said he has no intention of demolishing the already roofed structure.

He bought the site, which included an existing and substantial two-storey farmhouse dwelling, last year. Work started on the holiday home early last month. Mr Galvin insisted yesterday that it was a repair and renovation of the existing property.

He provided detailed engineering reports and photographs which show that the new house, with a ground-floor measurement of 1,040 square feet, has been built on the same footprint of the farmhouse, which also had a ground-floor measurement of 1,040 square feet.

The pitch of the new roof has been changed from the original, but its height, at 6.2 metres, is the same height as the original, the reports say.

Window opes also had to be enlarged to meet modern fire safety regulations, the reports stated.

“It is my opinion, and that of my architects, engineers and legal advisors, that this comprises solely of exempted development,” Mr Galvin said.

He said he has sought meetings of his engineers and architects with council planning officials on several occasions but his requests have not been met.

“I would have hoped that the common sense approach would have been taken and that if council officials had any concerns that they would have at least arranged a meeting with me and my advisors to discuss the matter so that I could show them exactly what was done,” he said.

A council spokesman insisted yesterday that it is the council’s view that the structure is unauthorised.

“There is no planning application before us,” a spokesperson said.

The council is awaiting a response from Mr Galvin, he added.

Irish Examiner