neighbour objects to full height extension because it interferes with her views

neighbour objects to full height extension because it interferes with her views

Postby beolight » Sun May 21, 2006 1:06 am

is this valid grounds for objecting??

i dont think anybody can expect thjeir views from their back garden to be permanent views

kinda regret even approaching them now prior to putting in application

just called in as a courtesy really

we are looking to build a 3.2 metre extension to side of our house full height, i didnt think it would concern them at all but now:confused: we are hoping to build right up to the boundary wall and as we arebelow them this wall will need to be knocked and rebuilt with concrete to act asa retaining wall

she was very forthright in her objections saying it would block her views from her back garden that was it nothing else, her house is set well back from ours and we are in a housing estate
.
my house a semi detached(there are 4 semi detached houses of different design/construction and height) is almost seperate from the housing on the approach road into estate and the side of my house overlooks her back garden

any comments recommendations on how to proceed most appreciated
beolight
Member
 
Posts: 15
Joined: Sun May 21, 2006 12:50 am

Re: neighbour objects to full height extension because it interferes with her views

Postby clear » Thu May 25, 2006 7:42 pm

Check the Dept of Environment leaf let "Commenting on a Planning Application".

It states very clearly that Restriction of views from a property where residential amenities are not affected (e.g adequate light, overshadowing) will not be considered. No one has a right to a particular view.

If your extension will not cast an overshadow or restrict the light entering the objectors property, then you have nothing to worry about. If it does then withdraw the application and reconsider or redesign.
clear
Member
 
Posts: 11
Joined: Thu May 25, 2006 7:27 pm

Re: neighbour objects to full height extension because it interferes with her views

Postby beolight » Thu May 25, 2006 10:01 pm

thanks for reply

just spent the last few days going through an bord pleanala decisions which pretty much echo the point you made

my architect says it wont cause overshadowing or interfere with her light, i asked can he show this using the 45 degree test so that i can reassure myself and the planners so as to prempt them rerquseting this as further information, judging by his response i dont think he has the correct software to do this. Anybody know where i can get this done for a reasonable fee:)
beolight
Member
 
Posts: 15
Joined: Sun May 21, 2006 12:50 am

Re: neighbour objects to full height extension because it interferes with her views

Postby Bren88 » Thu May 25, 2006 10:11 pm

beolight wrote:thanks for reply

my architect says it wont cause overshadowing or interfere with her light, i asked can he show this using the 45 degree test so that i can reassure myself and the planners so as to prempt them rerquseting this as further information,



What exact do you mean by a 45 degree test? I know what you are planning to do but never heard that name.
Bren88
Member
 
Posts: 389
Joined: Thu Nov 17, 2005 1:47 am

Re: neighbour objects to full height extension because it interferes with her views

Postby PVC King » Thu May 25, 2006 10:20 pm

Get a professional shadow analysis done and submit it with your application; take your time with the application to minimise impacts by siting it in the least obtrusive portion of the site.

The question in relation to views is a thorny one; there is no legal right to views or prospects as found in Killeen –v- Baron Talbot de Malahide however planners must consider the proper planning and sustainable development and in particular 'important prospects' if the application relates to an Architectural Conservation Area it would be considered; if not it would want to be

a> An ugly or overscaled design
b> Block significant natural light for more than 8 months a year to cause serious concern with planners

Whilst advising you to consult with your neighbour it should be bourne in mind that no amount of consultation and revisions will placate some people
PVC King
 

Re: neighbour objects to full height extension because it interferes with her views

Postby beolight » Thu May 25, 2006 11:47 pm

@Bren88

i didnt know exact name for it just rembered it from college:o

thankfully Thomond Park saved my bacon:D

Get a professional shadow analysis done and submit it with your application; take your time with the application to minimise impacts by siting it in the least obtrusive portion of the site.


Anybody here able to point me in the direction of someone who can do this,im based in drogheda

I am going to wait a couple of days before approaching neighbour again hopefully by then she may have calmed down

thanks to all for their input
beolight
Member
 
Posts: 15
Joined: Sun May 21, 2006 12:50 am

Re: neighbour objects to full height extension because it interferes with her views

Postby publicrealm » Fri May 26, 2006 12:35 am

Beolight

A. Your neighbour is not entitled to a view. If your proposed extension seriously overlooks her garden then you may have an issue - but this is unrelated to the view.

B. Thomond Park is correct with regard to sunlight/daylight - you could get an expert report proving that your proposal has no impact. However it is very difficult to diminish sunlight/daylight to a degree which falls below the relevent BRE standard. This is because the entitlement to sunlight/daylight is based on a minimum standard.

As you live in an estate it is possible that your neighbour has no established right to daylight (which right only accrues after 20 years enjoyment - has the house been there for 20 years?).

I would not bother with a report - just submit your application - or, if you want some comfort - seek a pre-planning meeting and explain the issue to the planners.

If you want to go ahead then Dermot O'Connell, 32 Whitebeam Road, Clonskeagh, Dublin is a well regarded consultant.

(I'm not entirely sure about the No. 32 - I will check tomorrow and repost if wrong.)

I checked and his house number is 33 (not 32 as above).
publicrealm
Member
 
Posts: 284
Joined: Mon Nov 21, 2005 12:50 am
Location: D6

Re: neighbour objects to full height extension because it interferes with her views

Postby PVC King » Fri May 26, 2006 10:21 am

publicrealm wrote:B. Thomond Park is correct with regard to sunlight/daylight - you could get an expert report proving that your proposal has no impact. However it is very difficult to diminish sunlight/daylight to a degree which falls below the relevent BRE standard.


That is a good point tests such as the 45 degree test do not assess the full impacts of shading 12 months of the year; but I would prefer to see the planners use a scientific method of evaluation as opposed to the representations of individuals who simply don't want even the smallest changes to the neighbours properties conveniently use 'over-shadowing' as another tap to throw with the sink.
PVC King
 

Re: neighbour objects to full height extension because it interferes with her views

Postby cobalt » Fri May 26, 2006 12:46 pm

Is there a minimum height (floor to ceiling) that a room has to be, and if so, what is it?
cobalt
Member
 
Posts: 68
Joined: Tue Aug 03, 2004 11:07 am

Re: neighbour objects to full height extension because it interferes with her views

Postby Bren88 » Fri May 26, 2006 3:35 pm

Thomond Park wrote:That is a good point tests such as the 45 degree test do not assess the full impacts of shading 12 months of the year]
That was why I asked about the name. The angle of shadow is often alot lower than 45 degrees. They'll have to be a far bit away (or to the south) to not be affected by the extension.




cobalt wrote:Is there a minimum height (floor to ceiling) that a room has to be, and if so, what is it?


It's 2400mm (2.4m)
Bren88
Member
 
Posts: 389
Joined: Thu Nov 17, 2005 1:47 am

Re: neighbour objects to full height extension because it interferes with her views

Postby PVC King » Fri May 26, 2006 4:16 pm

Bren88 wrote:That was why I asked about the name. The angle of shadow is often alot lower than 45 degrees. They'll have to be a far bit away (or to the south) to not be affected by the extension.


You'd be surprised on this; for most of the year the 45 degree test is entirely accurate it is only in the absolute depths of winter that the angles change beyond 45 degrees and at that time reflective light comes into play which on cloudy days is pretty much identical given the prevailing climatic pattern.
PVC King
 

Re: neighbour objects to full height extension because it interferes with her views

Postby cobalt » Fri May 26, 2006 4:57 pm

Bren88 wrote:
cobalt wrote: Is there a minimum height (floor to ceiling) that a room has to be, and if so, what is it?

It's 2400mm (2.4m)
Thanks.
cobalt
Member
 
Posts: 68
Joined: Tue Aug 03, 2004 11:07 am


Return to Ireland