Planning and Building Control Officer's Hearing

Part A of building permits

• 1110057 – Norðurhella 2, alteration to the internal layout of building no. 01

  On 05.10.2011, the Municipality of Hafnarfjörður applied for an internal layout change to building plot 01, in accordance with drawings by Sigurður Einarsson dated 05.10.2011.

  The Planning and Building Officer approves the application in accordance with Article 11 of the Buildings Act no. 160/2010.

• 1109358 – 16 Hamarsbraut, building permit

  Thröstur Valdimarsson submitted a building permit on 27.09.11. The building is constructed entirely within the building site and in accordance with height limits. According to drawings by Jón Guðmundsson dated 19.09.11. New drawings were received on 06.10.11.

  The Planning and Building Officer approves the building plans in accordance with Article 11 of the Building Regulations Act No. 160/2010. A building permit will be issued once the conditions of paragraphs 1-4 of Article 13 of the Building Regulations Act have been fulfilled. Please see the attached comments.

• 1110047 – Strandgata 51, memorial to Friðrik Bjarnason

  The Threstir Male Choir is applying to erect a memorial to Fridrik Bjarnason to the south of the entrance to Hafnarfjörður Church. See attached documents.

  The Planning and Building Officer approves the application.

• 1108263 – Álhella 3, working drawings

  On 25 August 2011, Geymslusvæðið ehf submitted test drawings for Álhellu 3, in accordance with drawings by Kjartan Rafnsson dated 1 June 2011. New drawings were received on 28 September 2011 and 12 October 2011.

  The Planning and Building Officer approves the application in accordance with Article 11 of the Buildings Act no. 160/2010.

Part B: Organisational Matters

• 1007660 – Breiðvangur 63, fence

  The owners of Breiðvangur 65 complain about a fence between Breiðvangur 63 and Norðurvangur 8, which reaches full height up to their alleged property boundaries, and believe the fence's end post is within their property boundaries. The fence is erected with the written consent of the owners of Breiðvangur 63 and Norðurvangur 8, and a report from the building control officer states that the post is on these alleged boundary lines and not within plot no. 65. The owners of Breiðvang 65 also believed that the owners of Breiðvang 63 intended to erect a fence between the plots of Breiðvang 63 and 65 without their consent. The owners of Breiðvang 63 have informed us that they have abandoned this plan. On 7 July 2010, the planning and building officer concluded that the fence around Breiðvang 63 was unauthorised, and that the owner must either apply for permission for it or remove it otherwise. The application was to be accompanied by written permission from the plot holders of the plots to which the fence adjoins. Upon closer inspection, it was revealed that this is a communal plot, and therefore there are no plot boundaries between plots no. 63 and 65. The Planning and Building Officer therefore pointed out that the residents of the terraced house should establish a residents' association in accordance with Article 13 of the Law on Multi-Ownership Buildings. The residents' association should take up the matter and apply for permission for the fence. – A email from Jón Holbergsson, dated 06.10.11, was presented, stating the legal opinion of the Homeowners' Association that a residents' association is already in existence, as stipulated by the law.

  The Planning and Building Officer does not agree with the interpretation of the Houseowners' Association that something exists merely because the law stipulates that it should. Therefore, no opinion is available from a legitimate party to the case as to which fences should be in place and which should not. With reference to Article 11(1) of the Administrative Procedure Act No. 37/1993 (equality principle) the Planning and Building Officer does not consider it feasible to apply the provisions of Article 56 of the Building Regulations Act no. 160/2010 to compel improvements to this fence, rather than to a number of other comparable fences in Hafnarfjörður. The Planning and Building Officer will therefore take no further action in the matter, and the case is dismissed.

• 11032757 – Stekkjaberg 9. House foundation.

  A complaint has been received from neighbours that the building's foundation is open and poses a danger from water accumulation.

  The Planning and Building Officer instructs the department's inspector to look into the matter between meetings.

• SB060161 – Helluhraun 2, site condition

  Jón Davíð Pétursson of Flatahraun 16 complains by email dated 14.04.2008 regarding the state of the grounds at Helluhraun 2. The property owners have previously been advised to remove unauthorised containers from the site and have been given an opportunity to comment on the matter. The Planning and Building Officer made a proposal to the Planning and Building Committee that a daily fine be imposed if the containers are not removed. The property owners were given until 30th April to comment on the matter. A letter was received from the plot holder on 29/04/2008, in which they promised to bring the plot into a satisfactory condition. Nothing has been done on the matter, and the plot is one of the 8 worst-looking in the neighbourhood. On 21.04.2010, the planning and building officer required the property owner to improve the site's finish within four weeks. A letter dated 29/04/2008 was received from the owner, stating their intention to improve the site, lay paving slabs and commission a designer to plan the plot. Nothing has happened since. The Planning and Building Officer reiterated his request on 26/05/11.

  The Planning and Building Officer has decided to impose a daily fine of kr. 20,000 on the owner, from 1 December 2011, in accordance with the second paragraph of Article 56 of the Building Act No. 160/2010, should the request not be addressed by that date.

• 0906048 – Skipalón 23, site finishing

  The letter from Páll Jónsson on behalf of the residents' association at Skipalón 27, in which he complains about the state of the grounds, is reconsidered. Daily fines were imposed on the landowner, Frjálsi fjárfestingabankinn, on 13.08.2009, after which some improvements were made to the site. The fencing around the area has now collapsed, and the site contains an exposed construction crane, damaged containers and other items. On 25.05.11, the Planning and Building Officer required the landowners to bring the site into an acceptable condition within four weeks. Nothing was done in the matter. On 08.06.11, the Planning and Building Officer reiterated the order to the landowners to bring the plot into a satisfactory condition, in accordance with section 68.6 of the Planning Regulations No. 441/1998. If the request was not complied with within two weeks, the Planning and Building Officer would impose a daily fine on the plot holder in accordance with the 2nd paragraph of Article 56 of the Building Act no. 160/2010. The request has not yet been complied with.

  The Planning and Building Officer decides to impose daily fines on the landowner, kr. Kr. 20,000 per day, in accordance with paragraph 2 of Article 56 of the Building Regulations Act no. 160/2010, from 15 November 2011, if the request for tidying up the plot is not complied with by that date.

C-part of the message has been resent

• 1109333 – Fagrakinn 15, alteration

  On 26/09/11, Guðrún Bergsteinsdóttir applied for a change to the building permit. A boiler room was converted into a bathroom, and the lower ground floor was extended. According to drawings by Sveinbjörn Hinriksson dated 26.09.11. New drawings were received on 05.10.11, along with a power of attorney from the owners.

  The Planning and Building Officer has deferred the matter as the submitted documents are insufficient. Please see the attached comments.

• 1110080 – Álfhella 17, building permit

  On 06.10.11, the accident prevention society Landsbjörg applies for permission to erect an office cabin on the site. Permission is sought for the temporary placement of the cabin on the site until a foundation has been constructed at its permanent location. Drawings of the cabin are attached, prepared by Gunnar Bergmann Stefánsson, dated 28.09.11.

  There is no legal authority to grant planning permission for a house, and the application is therefore refused.

• 1110100 – Eyrartröð 13, alteration to the internal layout of building no. 02

  Eyrarfell ehf and Stokkhylur ehf apply on 07.10.2011 for a change of number and an alteration to the internal layout at MHL.02. See attached letter. Drawings by Jón Guðmundsson, dated 28.09.2011.

  The Planning and Building Officer has deferred the matter as the submitted documents are insufficient. Please see the attached comments.

• 1110097 – Strandgata 37, enquiry

  On 07.10.11, Eggert Kristin Helgason, on behalf of the owner, submitted an enquiry concerning the erection of a shelter wall and canopy at the entrance on the rear of the house.

  The Planning and Building Officer postpones the matter. Written consent from all homeowners must be provided.

• 1110065 – Dalshraun 15, enquiry

  Fylkir ehf submitted an enquiry on 06.10.2011, requesting permission to raise the fence on the north side of the plot to 2.5m and also to build a light timber wall in front of the main entrance to the shop, see attached 3D images. Húsasmiðjan intends to open a shop in the premises, and the proposal is intended to harmonise with the chain's other shops.

  The Planning and Building Officer postpones the matter and requests further information showing the design and location of the fence.