Golf Club Neighbours Catch 22

Golf Club Neighbours Catch 22

Postby millennium » Mon Sep 14, 2009 3:45 pm

A certain golf club in the Eastern Region were requested by their various residential neighbours (whose houses were constructed many years after the Golf Club was developed) to:

- take action to prevent stray golf balls landing in their gardens and houses
- cut back (top) trees because it was interfering with their "rights to light" even though these were providing protection from stray golf balls

On completion of the latter a large netting fence was erected, for health & safety reasons, but this was objected to by other neighbours as being unsightly.

Retention permission was eventually refused by the Local Authority, who did not agree this was an "exempted development", The Local Authority decision was not appealed to An Bord Pleanala and the fence is being taken down.

Discuss.
millennium
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Re: Golf Club Neighbours Catch 22

Postby PVC King » Tue Sep 15, 2009 9:12 pm

Sounds like a nightmare


I'd argue Caveat Emptor on the basis that the objectors knew the existance of the golf club before they hunkered down. Clearly the statute of limitations would preclude tort actions for damages from damage to complainants property from stray golf balls as the complainants would have precluded their ability to claim that they has acted to prevent said balls entering their property by the effluxion of time.

No nets no maintenance bills for the club; not a bad result considering that they can paint the complainants as rejecting what appear to be all reasonable endeavours on the part of the club
PVC King
 

Re: Golf Club Neighbours Catch 22

Postby KerryBog2 » Wed Sep 16, 2009 4:23 pm

Create a "no man's land" beyond the end of the gardens and plant trees distant enough to avoid right to light issues. There was a case somewhat like this before, see http://www.irishtimes.com/newspaper/ireland/2008/1114/1226408634432.html

K.
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Re: Golf Club Neighbours Catch 22

Postby PVC King » Wed Sep 16, 2009 5:08 pm

The resident was clearly able to demonstrate that the golf club made no effort to mitigate the situation to not even realise that someone had adversely possessed a section of your holding does make it look like you didn't even care about your own holding let alone the effect on your neighbours.
PVC King
 

Re: Golf Club Neighbours Catch 22

Postby Bren88 » Thu Sep 17, 2009 2:18 am

millennium wrote:A certain golf club in the Eastern Region were requested by their various residential neighbours (whose houses were constructed many years after the Golf Club was developed) to:

- take action to prevent stray golf balls landing in their gardens and houses
- cut back (top) trees because it was interfering with their "rights to light" even though these were providing protection from stray golf balls

On completion of the latter a large netting fence was erected, for health & safety reasons, but this was objected to by other neighbours as being unsightly.

Retention permission was eventually refused by the Local Authority, who did not agree this was an "exempted development", The Local Authority decision was not appealed to An Bord Pleanala and the fence is being taken down.

Discuss.


The houses do have a right to protection from stray balls, as it is an obvious health and safety issue. But only if the house are in a position that is likely to be affected. Basically initial shots towards or parallel to houses.

The trees provide this adequetly.

They don't have a right to light in my opinion. Any net will block nearly as much light as trees anyway.

The GC should of circulated a letter to all residents asking for opinions and a vote on cutting trees and erecting net verses keeping trees.
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