Planning objection format

skippy2

Hope this is the right place to ask re planning

Is there any particular format that needs to be used when making an objection on a planning retention application that you want to object to.
We want to object on the grounds of loss of privacy as a neighbor has built a window ruining our privacy and as a result possibly effecting the value of our home etc.
Quote ref and planning number etc i understand and reasons for objection. Is there any technical format that i could use, are these reasons sufficient or ok to use as reason for objecting
I understand you cannot object on loss of view etc which is fine

any suggestions appreciated if anyone has gone through anything similar

Many thanks

BryanF

skippy2 wrote: »

Hope this is the right place to ask re planning

Is there any particular format that needs to be used when making an objection on a planning retention application that you want to object to.
We want to object on the grounds of loss of privacy as a neighbor has built a window ruining our privacy and as a result possibly effecting the value of our home etc.
Quote ref and planning number etc i understand and reasons for objection. Is there any technical format that i could use, are these reasons sufficient or ok to use as reason for objecting
I understand you cannot object on loss of view etc which is fine

any suggestions appreciated if anyone has gone through anything similar

Many thanks

qoute as you siad above and also the details of the planning application (as in the blub on the site notice given details of what has being applied for)

Start with the usual introduction to your location/dwelling, the distances from the boundaries and the proposed structure. maybe include this on drawing (or even outlined on Google Maps)

Then number your reasons for objecting. be clear, concise and be objective:cool: dont rant, slander or personally attack the applicant;)if you can look through the relevant acts http://www.environ.ie/en/DevelopmentHousing/PlanningDevelopment/Planning/PlanningLegislation-Overview/PlanningActs/ and your local development plan even better:)


If you really want to be proactive, do your homework on the loss of sun and areas overlooked.. this may include an drawing highlighting the areas overlooked on plan and a light study using a basic model, imho Google Sketch-up is adequate for this.. (or even if your not bothered just work out the times of day that X % of your garden/windows are in shade and this can also be done for the over-looked objection.)


if you were really keen to could visit the council and look at similar objections on other applications..

Victor

skippy2 wrote: »

I understand you cannot object on loss of view etc which is fine

South Dublin County Council have protected certain views of the mountains.

Only planning matters will be considered. You really need to look at the development standards in the development plan to see what is or isn't acceptable.

stepover

Overlooking/loss of privacy may be an adequate grounds for objecting, although there are many other potential factors which can only be assessed on a case by case basis.
The application to the Council is only the first stage in a contentious case. If it is not in accordance with proper planning, the Council should refuse the application or include a condition requiring the offending windows to be amaended.
Hopefully the Council will make the decision or add a condition to deal with your concerns.
If not, you may have to appeal to Bord Pleanala, and this will have to give more planning grounds in detail.
If this is going to effect the value of your house, it sounds like it would be worthwhile to get professional input to an appeal by a Planning Consultant or architect who has experience in this area.

mk1esc

photograph the area you want to object to and write a letter stating your reasons....make sure you get your objection in on time

skippy2

thanks for all the suggestions...... all taken on board

I wanted to put a solution in as a suggestion. What height can you suggest for a wall between the properties as this would solve the problem. I know the normal limit is 2m to the side was looking at something about 5m high or is that completely off the wall. Due to position of houses this would effect no one else except the two houses in question. Wall would be on side boundary and finish 10m back from the front boundary.

muffler

I'd rather look at a neighbours window than a 5m high wall any day of the week.

Carlow52

skippy2 wrote: »

Hope this is the right place to ask re planning

Is there any particular format that needs to be used when making an objection on a planning retention application that you want to object to.
We want to object on the grounds of loss of privacy as a neighbor has built a window ruining our privacy and as a result possibly effecting the value of our home etc.
Quote ref and planning number etc i understand and reasons for objection. Is there any technical format that i could use, are these reasons sufficient or ok to use as reason for objecting
I understand you cannot object on loss of view etc which is fine

any suggestions appreciated if anyone has gone through anything similar

Many thanks

So this is a planning retention issue?

If so it might be worth penning a few lines on how it got to this point and where the window is, specifically how far from the party wall and on what floor. In addition was the window in the original planning app

The reason I ask is that you may be wasting your time as the CoCo's seem to have given up the ghost on removing offending structures features unless they are in your garden:) At best they will fine the party, who will apply for retention and they will most lightly grant it.

CoCos have long given up their role as protectors of peoples constitutional rights

You desire for a 5m wall suggests its on the first floor, assuming flat ground, so the critical point is how far from the party wall.

What I am trying to elicit here is if the game is worth the candle

skippy2

Looks like we have to go to An Bord Pleanala

Original question still stands more or less

"We want to object on the grounds of loss of privacy as a neighbor has built a window ruining our privacy" and has now got retention

as there was no consideration whatsoever taken of our objections in the granting of retention which i find a little strange

does this mean Privacy has no standing in this situation or are we wasting our time.

muffler

Just out of curiosity have you discussed this with the neighbours?

Poor Uncle Tom

skippy2 wrote: »

Looks like we have to go to An Bord Pleanala

Original question still stands more or less

"We want to object on the grounds of loss of privacy as a neighbor has built a window ruining our privacy" and has now got retention

as there was no consideration whatsoever taken of our objections in the granting of retention which i find a little strange

does this mean Privacy has no standing in this situation or are we wasting our time.

If you read this http://www.pleanala.ie/guide/appeal_form.htm it will give you the farmat for making an appeal.

I would find it difficult to believe that any planner would just grant planning retention without considering a loss of privacy issue, especially with an objector involved.

I am also interested to know, did you speak to the neighbour?

skippy2

Thanks for that
Speaking to the neighbours was pointless and got nowhere
Wont go into it here but they do not understand what being a neighbour entails.
I was also under the impression that a loss of privacy should be addressed by the council

DOCARCH

skippy2 wrote: »

as there was no consideration whatsoever taken of our objections in the granting of retention which i find a little strange

Did you have a look at the planners report associated with the planning decision?

Since you objected, there must have been some consideration given to your objection in arriving at the decision to grant retention (even if the planner consdered there was no loss of privacy)?

If you are going to appeal the decision, you should look at the planners report to see what conclusion s/he came too.

sydthebeat

DOCARCH wrote: »

Did you have a look at the planners report associated with the planning decision?

Since you objected, there must have been some consideration given to your objection in arriving at the decision to grant retention (even if the planner consdered there was no loss of privacy)?

If you are going to appeal the decision, you should look at the planners report to see what conclusion s/he came too.

is that available within the 4 week appeal period?
i was of the understanding that it isnt

DOCARCH

sydthebeat wrote: »

is that available within the 4 week appeal period?
i was of the understanding that it isnt

For all the Dublin Councils (that's all I can really speak for) it's pretty much availible online a day or two after the decision is issued.

Whether online or not, you can ask for a copy once the decision is issued.

muffler

sydthebeat wrote: »

is that available within the 4 week appeal period?
i was of the understanding that it isnt

DOCARCH wrote: »

For all the Dublin Councils (that's all I can really speak for) it's pretty much availible online a day or two after the decision is issued.

Whether online or not, you can ask for a copy once the decision is issued.

Yes, the full file including the "in house" reports is available for inspection and purchasing copies of reports, memos etc as soon as a decision has been made on the original application.

A third party would be grossly disadvantaged if they did not have access to the full file when preparing an appeal.

Carlow52

skippy2 wrote: »

Looks like we have to go to An Bord Pleanala

Original question still stands more or less

"We want to object on the grounds of loss of privacy as a neighbor has built a window ruining our privacy" and has now got retention

as there was no consideration whatsoever taken of our objections in the granting of retention which i find a little strange

does this mean Privacy has no standing in this situation or are we wasting our time.

This is kicking around since October so having read this from the ABP link provided I wonder are u out of time.?

Time Limits

The time limit for making an appeal is, except where the appeal is made following a successful application for leave to appeal, four weeks beginning on the date of the planning authority decision (not the day it is sent or received). Day one is the day the planning authority decision is made. For example, if the decision of a planning authority is made on Wednesday 2nd of a month, the last day for receipt of the appeal is Tuesday 29th of the same month, NOT Wednesday 30th. There are special rules where the last day falls on a day the Board’s offices are closed or where the appeal period falls over the Christmas/New Year period.

This made me smile:

skippy2 wrote: »

...
Wont go into it here but they do not understand what being a neighbour entails.

When I use the words 'do not understand' with my 6 year old grandchild the reply is: Do you Grandad?

Em_Page

Apologies for highjacking this thread.

Any advice on what to include in an observation to a planning application will be greatly appreciated. By way of background info an application has been lodged on a 1 acre site adjacent to my home. I have looked at the plans in the Council buildings and the house they want to build is a two storey property at the rear of the plot. Both our property and the neighbour to the other side of us have bungalows situated at the front of the plot. This house will completely overlook our garden and the whole of the back of our house. This is clearly unacceptable to us.

Any advice on what to include in the observation? Loss of privacy is clearly my main problem. Should I take photographs to show the clear view of my home from the plot? All advice is much appreciated.

rayjdav

Em_Page wrote: »

Apologies for highjacking this thread.

Any advice on what to include in an observation to a planning application will be greatly appreciated. By way of background info an application has been lodged on a 1 acre site adjacent to my home. I have looked at the plans in the Council buildings and the house they want to build is a two storey property at the rear of the plot. Both our property and the neighbour to the other side of us have bungalows situated at the front of the plot. This house will completely overlook our garden and the whole of the back of our house. This is clearly unacceptable to us.

Any advice on what to include in the observation? Loss of privacy is clearly my main problem. Should I take photographs to show the clear view of my home from the plot? All advice is much appreciated.

Em_Page,
Basically, include whatever you want and you see as the issues that are affecting you. The main thing to remember is not to get personal as the observation will then be deemed to be vexatious and will be discounted by the coco. The important thing if it affects you so much, is to submit something now as if not and it's granted permission, you will not be able to appeal to ABP.
Maybe consider a local AT/Arch who will be able to compile a more detailed and technical letter as after perusing the submitted documents may find issues that are not acceptable from regulation aspect.

shane6977

Em_Page

Overlooking is not generally a viable reason for objection (think of housing estates where houses are built back to back) and it normally comes down to the distance from the proposed windows to the adjacent boundaries where there is an overlooking issue. This is more common in the case of someone building an extension to an existing house, extensions are exempt from planning permission if windows are:

1. At ground level, more than 1m away from the adjacent boundary
2. At first floor level, more than 11m away from the adjacent boundary.

(Obviously, there are other factors which determine whether extensions are exempt from planning aside from the above).

These are the benchmarks I have used when locating new dwellings alongside existing and so far have never had an issue with overlooking. That said, there are no rules regarding overlooking. The rules above only require a planning application if the windows are outside the above limits, a planning application could still be approved, so it will ultimately come down to the planning officer dealing with the application .

You say the applicants are proposing a new house at the rear of their plot, whereas both yourself and the house adjacent are built towards the front of the plot, is there already an existing house in line with your own on the applicant’s site? If not it may be possible for you to argue that any new dwelling should be built in line with the existing houses on the road/street, in order to maintain a contiguous road frontage.

Check the local development plan as well, as there may be guidelines in there in relation to infill and backland sites, separation distances between dwellings etc.

Hope this helps