Planning Objections

Electric

Say you live in an apartment. The building you live in has a back garden but which wasn't used by anyone. The building next door to you sought & was granted planning permission a couple of years ago to build a two storey mews. They recently started building which is fine except for the noise and stuff. It doesn't completely overlook you or block your light.

Now say that you've just discovered that your landlord (you own the leasehold title to your apartment not the freehold) has applied for planning permission to build a similar mews to the one next door. Together with the building next door you will be completely overlooked, all the natural light will be blocke, not to mention the noise.

On what grounds could you object to your landlord's application for planning permission?

The site notice just went up this morning, so have 5 weeks to object

Avns1s

Surely you would object on whatever genuine grounds you feel you will be disadvantaged on. Or is it a case that you have decided to object and now are looking for the basis to support it?

Also in making any objection to someone that presumably, you will have to get along with, you'd want to think about how your relationship will be affected.

Perhaps you'd be better contacting the person making the application and going through it and seeing if any genuine concerns you might have might be addressed.

Electric

TBH the landlord is an assh*le! There has been an issue with service charges going on for sometime now. This is just his way of squeezing more money out of the property. Despite the fact that the back garden isn't that big and he also intends for this new property to have a wall garden. Where it's all gonna fit I've no idea.

I was under the impression that you had to have grounds for objecting, otherwise they would just dismiss it out of hand

Victor

Where are you based? Do I have it right that you live in a building that was sub-divided?

The local council is likely to have development standards in its development plan that define how close another building can be to the rear of your one, so as to maintain light and privacy.

Electric

Hi Victor,

We're based in Glasnevin. I think the building was built circa 20 years ago. There's a commercial unit on the ground floor. Our apartment on the first floor and another apartment on the second floor. The business downstairs has extended out the back about 10 feet.

Our main problem is that next door is building a mews which is being built about 10 feet from the back of the building next door. It's going to be two storeys which is gonna mean that a fair proportion of our light is gonna be blocked. There's not much we can do about this as the PP was granted long before we bought this place.

However now the landlord has decided to do something similar. We think that he will also be building about 10 feet out from the back of our apartment. In his application he states that integral parking and a walled garden is to be included in the new property.

The thing is the entire property isn't that huge. So not only will they be then a few feet from our window, we will be able to see everything that goes on and vice versa, but combined with next door our nice, light and airy bedroom is gonna become dark and dull!

Plus presumably the chimneys and vent will be towards the rear of the new property so whenever we open the bedroom window all the fumes and smells will be coming in.

We're going to DCC this week to see the application and to lodge our objection. I've done some searching on advice in this and they all say to hire a planning consultant....not an option.

They also say not to be sentimental about your objection.

I'm wondering if overshadowing, blocking light, privacy, venting and smells and also the construction traffic and noise are legitimate grounds for objecting? Are the any other grounds that I've left out?

dame

Electric wrote: »

Hi Victor,

We're based in Glasnevin. I think the building was built circa 20 years ago. There's a commercial unit on the ground floor. Our apartment on the first floor and another apartment on the second floor. The business downstairs has extended out the back about 10 feet.

Our main problem is that next door is building a mews which is being built about 10 feet from the back of the building next door. It's going to be two storeys which is gonna mean that a fair proportion of our light is gonna be blocked. There's not much we can do about this as the PP was granted long before we bought this place.

However now the landlord has decided to do something similar. We think that he will also be building about 10 feet out from the back of our apartment. In his application he states that integral parking and a walled garden is to be included in the new property.

The thing is the entire property isn't that huge. So not only will they be then a few feet from our window, we will be able to see everything that goes on and vice versa, but combined with next door our nice, light and airy bedroom is gonna become dark and dull!

Plus presumably the chimneys and vent will be towards the rear of the new property so whenever we open the bedroom window all the fumes and smells will be coming in.

We're going to DCC this week to see the application and to lodge our objection. I've done some searching on advice in this and they all say to hire a planning consultant....not an option.

They also say not to be sentimental about your objection.

I'm wondering if overshadowing, blocking light, privacy, venting and smells and also the construction traffic and noise are legitimate grounds for objecting? Are the any other grounds that I've left out?

Do you actually own your flat or are you renting? You'd better make that clear on any objection you do make because it's not clear here.

The planning department will go through the pland submitted, look at how near it is, chimney heights etc in relation to standards laid down. They will check that the proposed mews development will fit in with the restrictions already in place for infill developments before granting the application. Get a copy of the planning application and check what the policies on infill developments are before writing your objection. Point out any aspect of the plans which breaches, comes close to breaching or is not specified but which could breach those guidelines (ie research how close opposing windows can be etc).

Victor

Take a look here http://www.dublincity.ie/shaping_the_city/future_planning/development_plan/15.pdf

DUBLIN CITY DEVELOPMENT PLAN 2005-2011
CHAPTER 15
GENERAL SITE - DEVELOPMENT STANDARDS

15.9.6

Private Open Space for Residential Development
With higher densities and greater variety in dwelling type, fewer new dwellings have access to rear gardens. However, it is still necessary to provide some private amenity space to allow for outdoor relaxation. In all new developments, including houses, duplexes and apartment blocks, residents must have access to private/semi-private open space, which is free from unnecessary observation.

Houses
Private open space for houses is usually provided by way of private gardens to the rear or side of the house. A standard of 15 sq. m. of open space per bedspace will normally be applied. There is currently no minimum length of rear garden but a 20m separation between opposing windows at first floor level and above will normally be required. This may be relaxed if it can be clearly demonstrated that the development is designed in such a way as to preserve the amenities and privacy of adjoining occupiers. In certain developments a combination of private and semi-private spaces may be provided, to include communal landscaped areas such as courtyards.

Where on street parking is provided in lieu of front gardens a landscaped strip with a minimum depth of 2m will be required to the front of each house.

Apartments/Duplexes
In apartment developments private open space may be in the form of balconies, terraces, roof gardens or communal landscaped areas exclusive of surface car parking. Balconies or terraces shall be usable and be a minimum of 4 sq. m. in area and should be integrated or recessed into the main structure of the building with a view to providing shelter, privacy and where possible to avoid overlooking. No balcony or terrace from 1st floor up should overhang on the public footpath. The minimum private open space requirement for apartments shall be as follows:

Location Private Open Space sq. m. per bedspace (min)
Inner City/ Docklands/Prime Urban Centres/Ballymun 5 - 8
Suburbs 2 - 15

Mews Dwellings
In the case of mews dwellings in the suburbs the standard of 12-15 sq. m. per bedspace may be relaxed provided the dwelling has a rear garden with a minimum length of 7.5 metres for its entire width.

Also look further on at 15.9.19 Mews Dwellings.

There may be other items in the general development plan, but the above are your best reasons. http://www.dublincity.ie/shaping_the_city/future_planning/development_plan/CONTENTS.PDF
http://www.dublincity.ie/shaping_the_city/future_planning/development_plan/Dublin%20City%20Development%20Plan%202005-2011.pdf

Is ther eany possibility the building is listed?

Note that any observation is likely to annoy your landlord. Keep calm and objective. If necessary, strike a deal with him.

Electric

dame wrote: »

Do you actually own your flat or are you renting? You'd better make that clear on any objection you do make because it's not clear here.

The planning department will go through the pland submitted, look at how near it is, chimney heights etc in relation to standards laid down. They will check that the proposed mews development will fit in with the restrictions already in place for infill developments before granting the application. Get a copy of the planning application and check what the policies on infill developments are before writing your objection. Point out any aspect of the plans which breaches, comes close to breaching or is not specified but which could breach those guidelines (ie research how close opposing windows can be etc).

Hi,

Yes we own the apartment. However we own the leasehold whereas the landlord retains the freehold, which is how he is able to build in the back garden.

Electric

Victor wrote: »

Take a look here http://www.dublincity.ie/shaping_the_city/future_planning/development_plan/15.pdf

Also look further on at 15.9.19 Mews Dwellings.

There may be other items in the general development plan, but the above are your best reasons. http://www.dublincity.ie/shaping_the_city/future_planning/development_plan/CONTENTS.PDF
http://www.dublincity.ie/shaping_the_city/future_planning/development_plan/Dublin%20City%20Development%20Plan%202005-2011.pdf

Is ther eany possibility the building is listed?

Note that any observation is likely to annoy your landlord. Keep calm and objective. If necessary, strike a deal with him.

The building isn't listed, at least we never came across anything to suggest this when we were buying.

We are very conscious of treading carefully with this so that's why we want to make sure that our objections are sound. We don't want this to be built, but if it must then a one storey building is our best option

Electric

Oops sorry I forgot to thank you guys for your help!

Thanks!!!