A BIG ONE. What are SOLID rights of objection

A BIG ONE. What are SOLID rights of objection

Postby tyrrp » Sat Apr 01, 2006 2:59 pm

OK.

I am 100% going to be objecting to a new development that will be backing on to my house. When we bought we were one of two semi detached houses on the cornor of a field. No one overlooking. This new development will have 3 houses overlooking and blocking my morning light in the summer.

What am I 100% entitled to. I.E. what is it almost immposible for planning not to take into account.

Am I entitled to keep the privacy I had when I bought the house?

Am I entitled to keep the light I had when I bought the house?

If we find that being overlooked will devalue our property is that a valid objection?

Only have 4 weeks to get this in. Have met with the developer and he keeps on stating that it could have been worse because the planners wanted high density an he is putting in low density. Does this mean they will basically ignore me and I will have to go the An Bord Pleanala. Then if that is the case will they take these items under real consideration..

Thanks in advance for any advice.:(
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Re: A BIG ONE. What are SOLID rights of objection

Postby a boyle » Sat Apr 01, 2006 4:36 pm

We had to object to a development that intruded on our property, It was not the same circumstances and i am not an expert in planning. But i will share my experience.

We many of our objections were simply ridiculed ( and i mean ridiculed ). On had to do with traffic, and the planning applicant paid to get a cheap "traffic analyst" to give an opinion. Once the planners saw that he had a few letters after his name , they would hear no more of what we had to say.

I believe that you need to get "expert help" in this. I would not listen to the developer , he has no interest in you! His time is money and he would rather you rolled over and took it ......

If you are near "ameneties" or if there is an area plan seeking to improve the level of housing , then it is probably foolish to fight against it outright, play to draw instead of win !

But make sure you lash in as many objections as possible !

On final and crucial thing: get it in soon, very soon! what can happen is that you object to the height say , the applicant then provides more information, BUT get this you are not told that the aplicant has responded to your objections. In the council area we were dealing with you had to check every day to see if something new was on the file. So the sooner you object the more you will be able to make sure your opinion is heard!

Make sure you take what i have said with a pinch of salt and find someone who really knows their stuff ( oh and don't get ripped off ! ) good luck
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Re: A BIG ONE. What are SOLID rights of objection

Postby billy no mates » Sat Apr 01, 2006 11:44 pm

Where are you? Is it rural or suburban? Does your planning authority have a development plan? If so go and look at it, you may even find it online. Some PAs have it online some don't.
I've had to object to a planning application recently (Fingal Council).
I found this useful (even though its English, I believe the rules are similar)
http://www.healheadingley.org.uk/residents/tipsforobjecting.htm
I also found this useful even though its for Meath...
http://www.meath.ie/planning/GuidetoPlanningPermission/guideframe.htm
You'll also need to brush up on the Development Act 2000
http://www.irishstatutebook.ie/ZZA30Y2000.html
and the regulations 2001
http://www.irishstatutebook.ie/ZZSI600Y2001.html#ZZSI600Y2001PARTIV
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Re: A BIG ONE. What are SOLID rights of objection

Postby tyrrp » Sun Apr 02, 2006 4:36 pm

a boyle wrote:On final and crucial thing: get it in soon, very soon! what can happen is that you object to the height say , the applicant then provides more information, BUT get this you are not told that the aplicant has responded to your objections. In the council area we were dealing with you had to check every day to see if something new was on the file. So the sooner you object the more you will be able to make sure your opinion is heard!

Make sure you take what i have said with a pinch of salt and find someone who really knows their stuff ( oh and don't get ripped off ! ) good luck


I have actually been told to leave my objection to the very last minute. Like the day before (and get a receipt). This is supposed to avoid your issue. i.e. the developer has no time to address your issues. He can't make any changes after the cut off date.
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Re: A BIG ONE. What are SOLID rights of objection

Postby tyrrp » Sun Apr 02, 2006 4:40 pm

billy no mates wrote:Where are you? Is it rural or suburban? Does your planning authority have a development plan? If so go and look at it, you may even find it online. Some PAs have it online some don't.
I've had to object to a planning application recently (Fingal Council).


It's Fingal as well. The development plan says the land is for medium density. I think thats maximum 10 per acre and they are putting 32 on 5. I'm not realy worried about the development as I think it will lift the area in general and eventually rise the value of my house but not if I am being overlooked. As I said to the developer. That's all I am realy trying to stop.
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Re: A BIG ONE. What are SOLID rights of objection

Postby munsterman » Fri Apr 07, 2006 5:11 pm

In what way does the development overlook your house? Does the back of one of the new houses, back onto yours? In that case, how far away are their overlooking windows from your boundary wall, windows etc.? any chance of a basic diagram? would be able to help you more then.
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Re: A BIG ONE. What are SOLID rights of objection

Postby tyrrp » Tue Apr 18, 2006 3:28 pm

Basically 3 of the houses back onto me at 45deg. We are on the corner of a field set at 45 deg facing the corner. The back of the closest one will be 7m from the boundary wall and 10m from my house.
Although they have only put one small toilet window in the back of the houses when you get to the second and third houses it is actually their side windows that are looking over us. The shape below shows the layout of the houses. Left side is the back and this section is 2 story. The other section is single story. The lower side of the two story section is the one with all the windows. (ignore the dots. I had to use them to get it to work properly)

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Re: A BIG ONE. What are SOLID rights of objection

Postby magicbastarder » Tue Apr 18, 2006 10:48 pm

tyrrp wrote:Am I entitled to keep the privacy I had when I bought the house?

Am I entitled to keep the light I had when I bought the house?

If we find that being overlooked will devalue our property is that a valid objection?

from what i understand, no to all three questions.
you are entitled to light if the property is over a certain age, as far as i can remember.
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Re: A BIG ONE. What are SOLID rights of objection

Postby tyrrp » Thu Apr 20, 2006 12:28 pm

My house was built in 1939. So it's been there quite a while. Actually it's a pensioner now.

We have had an engineer look at it for us. Here is what we have come up with.

1. The 3 houses we are worried about are 7m from their rear boundary. The accepted distance for the area based on other developments and the development plan etc is 11m to the boundary.

2. The first house is only 10m from the wall of my house. Again less then the accepted and the zoning.

3. Overlooking and overshadowing. We have been told that these are acceptable objections.

4. Us overlooking the new houses. Never heard of this one but apparently it is legitimate.

5. Traffic conditions. Our gate is only 10m from the lights on the junction and we already have some problems exiting.

Here is what we are quoting from the development plan.:-

The zoning of the proposed development site under the Fingal Development Plan 2005-2011 is:

“RS To provide for residential development and to protect and improve residential amenity.” (emphasis added)

The vision of this zoning is:

“To ensure that any new development in existing areas (e.g. extensions, additional houses in side gardens, childcare facility etc.) would have a minimal impact on existing residential amenity.” (emphasis added).
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Re: A BIG ONE. What are SOLID rights of objection

Postby Frank Taylor » Thu Apr 20, 2006 1:06 pm

tyrrp wrote:____________
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Your house looks like an uzi

Maybe you should add a porch
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Re: A BIG ONE. What are SOLID rights of objection

Postby PVC King » Thu Apr 20, 2006 3:54 pm

Now it looks like a speed detection device
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Re: A BIG ONE. What are SOLID rights of objection

Postby ctesiphon » Thu Apr 20, 2006 5:21 pm

magicbastarder wrote:from what i understand, no to all three questions.
you are entitled to light if the property is over a certain age, as far as i can remember.


AFAIK, it's 'no' to the first two and 'maybe' to the third.
Rights to light are tricky- I think it has to have been established for 20 years, and even then that's only the first step. There is another light aspect in planning - your right to a minimum of daylight and sunlight over the course of a calendar year - but I can't see three semi-ds detracting significantly from your current light levels.

Have you thought about proximity? There's a minimum distance that the backs of houses must be away from each other- 22 metres (usually, but not always, 11 metres in each garden). Not sure if the 45degree thing alters this.
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Re: A BIG ONE. What are SOLID rights of objection

Postby TLM » Thu Apr 20, 2006 5:22 pm

A right to light is a continuous easement, so to establish a claim you must show you have enjoyed it for 20 years nec vi (without force), nec clam (without secrecy), nec precario (without permission). The quality of light protected is poor though.
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Re: A BIG ONE. What are SOLID rights of objection

Postby TLM » Thu Apr 20, 2006 5:27 pm

The modern test of adequate light is 1 "lumen" per square foot at 850mm above the floor. A lumen is the light given by 1 candle at a distance of one foot. Other planning rules may also apply. You've then got to establish substantial interference..... This is actually English law but I think the rules in Ireland may be similar. You would need to consult your own lawyer for details (my comments aren't meant as advice).
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Re: A BIG ONE. What are SOLID rights of objection

Postby ctesiphon » Thu Apr 20, 2006 5:35 pm

In the absence of our own rules, we've adopted the BRE 1991 Sunlight / Daylight rules instead. So the test above applies here equally.
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