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Neighbour installed window without pp, stymies my building plans

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  • 07-10-2019 2:14pm
    #1
    TSQ
    Registered Users Posts: 283 ✭✭


    Is it too late to demand removal of a side window in neighbours 2 storey extension that was not Shown in planning application? Neighbouring terraced house got pp for a flat roof 2 storey extension in 2006, prior to my purchase (so not sure even when the ext was actually completed).Rear half of his pitched roof was removed and the party wall between the two houses was built up to provide the extra storey, with a flat roof extending from the old rood ridge. Planning permission granted for ext with dome skylight, but ext was built with an additional small window at 1st floor level in the side wall above my pitched roof.

    I want to extend my house with a similar 2 storey flat roof extension, but in order to do so would have to brick up the unauthorised window of the neighbouring house.

    Imagine it will mean an argument with the neighbour, but there is absolutely no other way of extending what is a tiny house with a tiny footprint. What are my rights here, given that 12 years have probably elapsed since the window was illegally installed?
    Tagged:


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    #2
    sydthebeat
    Subscribers Posts: 41,590 ✭✭✭✭sydthebeat


    are you sure his wall was built on the party line?

    do you know what kind of room the window serves?


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    #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,333 Mod ✭✭✭✭Gumbo


    Deffo illegal what they’ve done if they have it done as you say.
    They may have a legal claim now (not 100% sure) but I’d deffo knock in and ask them about it as you want to extend similar to them.

    Council won’t do anything as it’s beyond the 7 years so they won’t be able to enforce its removal.


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    #4
    sydthebeat
    Subscribers Posts: 41,590 ✭✭✭✭sydthebeat


    kceire wrote: »
    Deffo illegal what they’ve done if they have it done as you say.
    They may have a legal claim now (not 100% sure) but I’d deffo knock in and ask them about it as you want to extend similar to them.

    Council won’t do anything as it’s beyond the 7 years so they won’t be able to enforce its removal.


    as planning permission was applied for, and assuming one of the conditions of planning was that the development should be in accordance with plans submitted, then the statute of limitations doesnt apply.
    Irrespective of the time that has elapsed, enforcement action can still be taken where a person has failed to satisfy a planning condition concerning the use of land.

    from here, page 11:

    https://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C31564%2Cen.pdf


    OP, its worth a call to the planning enforcement section of the council to tease this out.


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