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Neighbour building new house

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  • 02-06-2009 1:08am
    #1
    Registered Users Posts: 2,789 ✭✭✭


    A lad in work has a problem with his Neighbour building a new house. She wants to build a 2 story house in her back garden, directly behind my friends place(houses back out on to each other). He has a garden about half the size of hers and this new building would block a lot of light. Is there anything he can do? If he raises an objection, what can he to put the best case forward?

    The houses are in a residential estate in south Dublin (not very large properties).


Comments

  • Registered Users Posts: 6,229 ✭✭✭Rowley Birkin QC


    Did he get planning permission already for the extension?

    If he did then the site notice would have been up and your mate would have had 5 weeks in which to object for a fee of €20. In the case that he hasn't lodged an application yet tell him to keep an eye out for the site notice and lodge his objection then.

    Obviously a more appropriate action might be to speak to the neighbor directly before he lodges his application and see what is acceptable to both parties. there's no guarantee he is going to get permission either.


  • Moderators, Education Moderators Posts: 5,468 Mod ✭✭✭✭spockety


    Is this is South Dublin County? Or Dun Laoighre Rathdown?

    If it is South Dublin county, get on www.sdublincoco.ie, and download the development plan.

    There are bits in section 11 and 12 , particularly 12.4.6 and 11.11 that give very specific details of how infill development housing must comply with the development plan.

    Your best bet is for your neighbour to determine if any of these requirements are not met, and object to the council on that basis. Although the planners will probably pick up on any non compliance themselves, sometimes they are a bit relaxed about allowing things through. But perhaps a neighbour objecting based on the development plan will force them not to.

    Particularly of interest will be separation between dwellings, distance from window to window, amount of rear garden space each dwelling will be left with, and overshadowing.


  • Closed Accounts Posts: 83 ✭✭Small Change


    bigkev49 wrote: »

    Obviously a more appropriate action might be to speak to the neighbor directly before he lodges his application and see what is acceptable to both parties.

    This should defenitely be his first port of call and would potentially save a lot of people a lot of money!


  • Closed Accounts Posts: 1,477 ✭✭✭Kipperhell


    It is worth noting that people don't really have a right to light or a view. If no regs are actually going to be broken there won't be much point in objecting other than to delay the inevitable. Filing an objection rarely does much other than slow it down and annoying who is doing the building


  • Closed Accounts Posts: 301 ✭✭Jesus1222


    Kipperhell wrote: »
    It is worth noting that people don't really have a right to light or a view. If no regs are actually going to be broken there won't be much point in objecting other than to delay the inevitable. Filing an objection rarely does much other than slow it down and annoying who is doing the building

    That's absolute nonsense. A planning application can obviously be refused if it impinges on an adjoining property. Ie if a large building was to tower over an adjoining garden blocking out a lot of light and affecting privacy then the application would likely be refused.

    Get an objection in asap. That's your only course of action. Your neighbour really should have called into you to explain the building work. It's good manners for a start.


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  • Closed Accounts Posts: 1,477 ✭✭✭Kipperhell


    Jesus1222 wrote: »
    That's absolute nonsense. A planning application can obviously be refused if it impinges on an adjoining property. Ie if a large building was to tower over an adjoining garden blocking out a lot of light and affecting privacy then the application would likely be refused.

    Get an objection in asap. That's your only course of action. Your neighbour really should have called into you to explain the building work. It's good manners for a start.

    The question here is how many objections have you dealt with?

    In this case we are talking a bout a two storey building. Out of place buildings are normally refused by planning without any objections. Objecting due to light and privacy is usually ignored from my experience. A lot of people kicking up a fuss occasionally makes a difference but that is occasionally. Refusal of planning is not the same as listening to an objection.

    If construction has started and planning has been granted then it is simply too late to object now. The planning notice would have been on display.

    The best objection to use is increased traffic or vehicular access issues especially if it will be difficult for a fire engine to get close. May be best to check with the planning forum here they would know more


  • Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    The best objection to use is increased traffic or vehicular access issues especially if it will be difficult for a fire engine to get close. May be best to check with the planning forum here they would know more
    That's really good advice. Planning authorities might be quick to rubber stamp applications but if you put in an objection you're forcing them to think twice. No point in moaning about it when permission is grant.


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