help with neighbour stuff

ferdi

ok, where can i find out if i have a right to stop a neighbour putting a new window in his house which will look right over my property (garden). what i'm asking is - do i have a right to privacy in a case like this? and if so where can i find out about it.

bord planala website is useless and i have googled the subject for ages - any help?

yossarin

<non-legal opinion />you do have a right to privacy. He has to apply for planning permission for somthing like this.

call your local planning authority and get in touch with a planning officer. they will be able to help you. you can get the number from your phone book.

flogen

yeah, that seems right, as far as i know there has to be a certain distance between the windows of properties or something like that, for example my dads aunt got a big payout because a derelict factory across the road from her was turned into apartments and the front windows were too close to her house and it was considered invasion of privacy, i guess similar could apply here, but he would have to get planning for it, if he doesnt report the bugger, and get some nice cash

Flogen

Victor

If it is at the front / side of the house, their is a necessity to get planning permission.

If it is at the rear of the house, certain exemptions exist, however there are restriction including ones to protect neighbours. I think if the window would overlook your property and is closer than 11m, planning permission is needed.

IMPORTANT. If you wish to object to planning permission, you must object at council level (€20 fee). You cannot allow planning permission decision be made and then object through An Bord Pleanála, you must have objected (formally) from the start. If planning permission exists, you genreally cannot object.

Read here: http://www.boards.ie/vbulletin/showthread.php?s=&threadid=122505

Windows

Ground Floor Extension - Any window must be at least one metre from the boundary it faces.

Above Ground Floor Extension - Any window must be at least 11 metres from the boundary it faces.

Detached house above ground floor extension over 12 sq. metres - Any window must be at least 11 metres from the boundary it faces.

spongebob

This is called "overshadowing" or "loss of amenity" .

If a new window could be used to invade your privacy then it must be frosted glass if allowed at all. The neighbour would not get planning for this window in clear glass so they may simply do it and hope that no enforcement occurs within the 5 year deadline in which case they cannot be forced to remediate the work. During the 5 years the local planners can (in theory) be called upon by you to issue "enforcement proceedings" .

In practise most planners are complete tossers so you should tell the local authority you will sue THEM for loss of amenity and for reduction in the value of your property as a consequence unless they effectively enforce the law, they will usually get the finger out slightly in that case.

In my (2nd) last house the neighbour proposed to light a dark hallway with a new window, we had a friendly chat about it. In the end he used Glass Blocks in a mixture of Clear and Blue glass backlit with halogens from a blue hallway. Once we agreed on all this I gave him a go ahead in writing to do it.

He got his lighting sorted and I kept me privacy and it looked quite nice I must say.

M