Objections to planning permission

Objections to planning permission

Postby Oscar » Sun May 04, 2008 2:50 am

Hi there
Just have a question. My neighbour is building a structure in the rear of his garden as a place for his son to live in,it is directly in the bottom of his garden. They have told me that his son will indeed be living in it. It will overlook my back garden and invade my privicy. The structure will be 31.4 sm and it wil be 13 feet high including the apex roof,they already have a large sun room approx 40sm on the back of the house so I feel not only will this invade my privicy but it will be an eyesore as I will be looking into a concrete jungle. They have put in for planning permission for a large shed and leisure room. I was wondering if in my objection letter i can inform the planning officer of this information and will they take this on board. Any ideas on what I should do or what to put in objection letter.

Kind Regards

Oscar
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Re: Objections to planning permission

Postby Bob Dole » Sun May 04, 2008 10:02 am

If it is sufficiently important, you might want to get an architect to word the objection.
You do realise of course that there is no way of getting out of the current situation without some form of falling out with your neighbour.

The usage as accommodation would not be allowed - is your neighbour getting planning for a toilet etc.? If yes, it should raise some flags for the Planning Dept.

You might include lines in your objection such as "we would be concerned that the proposed structure would be used for more permanent occupation than suggested in the Planning Application". Telling the Planner more directly that your neighbour cannot be trusted and will not comply with Planning is not a particularly good course of action without a prior history of such action (e.g. where the neighbour has repeatedly tried for retention permission), and in any case may allow you to be sued for libel.

Standard grounds for objection can be used in any case - the overlooking, loss of privacy, loss of residential amenity, loss of use of back garden, impact on value of your house, if the building overshadows your garden etc.
You might also criticise the use of materials if they are not in keeping with the existing.

How much garden space will be left when they are finished?
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Re: Objections to planning permission

Postby Oscar » Sun May 04, 2008 11:28 am

How much garden space will be left? well think it might be about 14 to 15 feet?. With regards to the wording of the objection I know i have to be careful.They began building this structure under exempted development as they told me that they could build up to 40 sm in the back garden and it would be exempt from planning permission. Suppose because I'm a woman they thought,sure she would have no idea,but looked into it and what they were doing was against planning regs. They had put foundations in and I got the enforcement department to call out and because they had only laid the foundations and had not started to build they had broken no regs. However if they had continued to build then they would.

They then applied for planning permission to build a shed and leisure room and yes to answer your question with a toilet. I get on well with them and while i have empaty for the son not being able to afford his own house,I was once in his position and had to save for my house. This is my investment and I have to look after it. Think,or rather i know there will be a falling out over this.

Do you think the fact the enforcement dep had called out would hold some weight.


Thanks for the info
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Re: Objections to planning permission

Postby johnglas » Sun May 04, 2008 1:18 pm

My planning experience is from the UK and not Ireland, so you need to take it with a pinch of salt, but here goes.
I think for a start you are being far too anxious about your neighbour's reaction; he should be far more anxious about yours. If you feel your privacy and enjoyment of your home are being compromised you need to state this very clearly to the planners. The plea that it is 'for his son' is totally irrelevant; what happens when 'the son' moves on? Will it be sold on or rented out? (It's the same as all those farmers who maintain their family is faced with destitution unless they can build six houses for the family on a 'spare' bit of ground.)
From everything you say, it sounds like overdevelopment and, in any case, 31m2 is far too small for a dwellinghouse, even for one person. Their 'sun-room' has already used up any extension not requiring planning permission.
I think your neighbour is relying too much on your goodwill and you should have no hesitation in objecting. Either go to the Citizens Advice Bureau or discuss your terms of objection discreetly with the planners first.
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Re: Objections to planning permission

Postby Oscar » Sun May 04, 2008 1:33 pm

Yeah think your right I am being far too anxious and I need to look after my own interest here.Planning reg are there for a reason they don't seem to be too concerned about me so I'll do what i need to do. The other thing is I was on to an estate agent and they told me if they build this structure it could leave me in a position of having difficulty selling my house.

I suppose my fear is that although they have requested pp for 31.4 sm if they get this they will just go ahead and build over this as in 40sm because the foundations are laid to accomadate this size of a structure. Not too sure when a person is given planning permission do the planning dep come out to check you have built what you looked for pp for???.
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Re: Objections to planning permission

Postby johnglas » Sun May 04, 2008 9:50 pm

You've hit on difficult point here; the planning dept will almost certainly NOT inspect the building once complete. However, in the UK newbuild needs a 'Building Completion Certificate' from what is here known as the Building Control section of the planning dept (even if a bldg does not require planning permission, it must have building control permission to certify it has met all relevant regulations and is not unsafe or dangerous). You really need to find out what are the requirements in Ireland.
It doesn't mater who you consult, but you must find out if your neighbour has applied for all relevant certs as soon as possible. In the UK he is also obliged to consult you formally as his next-door neighbour. If he does not do so his permission is invalid.
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Re: Objections to planning permission

Postby Oscar » Mon May 05, 2008 12:17 am

Hi There

Thanks for the advise think i'll get on to an architect to word the objection.Any idea on how much that will
cost ??????

Ta
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Re: Objections to planning permission

Postby Barry Hall » Mon May 05, 2008 10:17 am

Bob Dole wrote:If it is sufficiently important, you might want to get an architect to word the objection.


Surely a Planner would be a better person to word an objection.
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Re: Objections to planning permission

Postby johnglas » Mon May 05, 2008 10:44 am

I agree; you absolutely do not need an architect and I would strongly advise YOU to word the objection - if necessary, get someone else to look it over and advise (and avoid loading it with lots of non-planning considerations). Above all, keep it simple.
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Re: Objections to planning permission

Postby Oscar » Mon May 05, 2008 10:55 am

As this is all new to me how do I get hold of a planner???? and whats the difference between an architect and a planner.


Any idea of a good one in Dublin's Northside
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Re: Objections to planning permission

Postby johnglas » Mon May 05, 2008 12:54 pm

An architect proposes and a planner defers? (NB This is a joke.)
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Re: Objections to planning permission

Postby BTH » Mon May 05, 2008 2:19 pm

I think Barry means a Planning Consultant, not an actual planner (conflicts of interest etc). In my experience most architects can put together a letter of observation as well as any consultant where the issues are as straightforward as they appear to be here. However anyone who is handy at writing official letters should suffice for what you need which is simply a stating of the adverse effects of this structure on your quality of life in terms of overshadowing, invasion of privacy and dominating your views, a requirement that the planning department specifically condition that the building should not be used for human habitation (because then if your neighbour does use it as a dwelling then you would be able to ask for an enforcement order to stop him from doing so) and just a general statement of concern that it's overdevelopment in an established residential area. As Johnglas says, keep it simple, to the point and preferably non-emotive and try to refer to development plan guidelines where relevant (you should be able to view regulations concerning residential developments on your local council's website).

The planning rules for residential extensions are an absolute joke if you ask me. I know of a case where the clients employed an architect and put a lot of effort into designing a 2 storey extension to the rear of their house which would minimize impace on the neighbours and retain as much of their back garden as possible whilst still getting the additional space they needed. It was turned down simply because of a development plan rule that the back garden of a house must not be less than 50% of the gross floor area of the house. In this case they were at about 42%. However with the rules of exempted development they are now building a massive single storey extension the full 40square metres with a huge pitched roof, reducing the garden area to only 25% of the floor area of the house. But because the area of the garden does not fall below 25sq/m it's all completely above board and legal. The exempted extension will have massively more impact on the neighbours etc yet it needs no planning input whatsoever. It's utter madness... But the people are getting the space they need in whatever way they can after getting a slap in the face by the planners.
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