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

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.

@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.

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

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 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.

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

@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 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.

@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.