Received a breach of Planning Notice under section 152, for “condition no. 2 of Vehicular Access”.
Basically bought a house, was in it 2 years and have received a notice saying that the railings out front are too close to the minor road and are affecting the visibility splays of the minor road attached to the driveway.
Looking into the Planning Act of Northern Ireland (2011) and the breach states, “(2) The council may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on—
(a)any person who is carrying out or has carried out the development; or
(b)any person having control of the land”
I’m just curious to know why this notice wasn’t passed onto the builder who is still building and getting planning passed, and what are my options? Land and driveway is shared with neighbors. The railing is question is the typical 4 rung, thin farm yard railing.
by Adventurous_Style_42
2 comments
I would measure out the visibility splays and make sure any fence / obstruction is behind them. Should be as per the approved planning drawing.
If you or neighbour who shares driveway don’t agree with the approved planning drawings that is another matter, that should have been sorted out pre planning submission.
The key word in the legislation you posted is
> (a)any person who is carrying out or has carried out the development; **or** (b)any person having control of the land”
It’s easier for the council to just straight up serve the notice on you having control of the land, rather than trying to prove that the builder of the house built the railings and serve it on them
It’s a shit one mate, section 132(4) of the Planning Act purposefully excludes breach of condition notices from five year statute limit that enforcement notices are bound to.
It sounds like a neighbour has just straight up gone and complained about your fence to the council.
You’re probably far better just phoning the council in the morning for answers than trying to get advice from the subreddit, likewise your second best action should be to send an email complaining to every local councillor.
Best outcome is there’s either building plans or street map data from when the houses were immediately built that shows the railings there, or that the houses being built right now have the same railing design, that you can able point out to the planners who could cancel the notice on you and serve it on the builders.
My assumption is you’ll probably have to do/pay for the work yourself and take the builders or architect to small claims court for the costs afterward.