Neighbours new development

MoominPapa

I bought a house just before christmas and my neighbor is building a house next to ours at the back of his garden, he applied in oct 06 and was granted in feb. the first I became aware was when the sight got pegged out. I'm pretty pissed off about this in particular because of the siting of the new property and, man, its ugly and of all the surrounding properties we are effected most

My queries are:
Was this guy required to inform me that he had sough permission?
Should this have been part of the searches my solicitor carried out and if he didn't bother what can I do about it?
If the new development isn't sited exactly where it is placed on the plans what will the council do about it?

azzeretti

It depends on what county you are in. I had a similar problem and the COCO did SFA. The house was nowhere near where it was on the plans, and even faced the wrong direction. I got in touch with planning but they didn't care. You could try the enforcement agency, there were a little bit more aggressive but still couldn't do much.

As for you solicitor, I am not sure, I thought the searches were more to do with bankruptcy and ownership of the land, rather than planning, but I am not 100%.

MoominPapa

azzeretti wrote:

It depends on what county you are in.

Dun Laoghaire/ Rathdown. Before we bought I tried their planning search and it never worked, just like most of the rest of their site, so I just assumed the best which, of course, turned out to be a big mistake. Compared to SDCC, where we were before, these guys are jokers

godtabh

MoominPapa wrote:

Dun Laoghaire/ Rathdown. Before we bought I tried their planning search and it never worked, just like most of the rest of their site

DLRCC do have a planning office

MoominPapa

kearnsr wrote:

DLRCC do have a planning office

Of course they do, whats your point?

godtabh

MoominPapa wrote:

Of course they do, whats your point?

Rather than complaining about their poor web site you could have gone and checked your self.

MoominPapa

kearnsr wrote:

Rather than complaining about their poor web site you could have gone and checked your self.

Did you not see my post above where I said not checking further was a big mistake?
This thread is about what my options are now, in my current situation, not what I should have done before my neighbor got permission, so if you haven't got anything to contribute in that regard don't bother

chump

Well first thing is to go to your neighbour and tell them you have an issue and ask how come you never got wind of it.

Then you need to seek legal advice immediately. And then you need to apply to your district court for an injunction under paragraph 204 of Part 13 of the Planning & Development Regulations 2001.

Good luck to you Sir.





ps. I just made that all up

godtabh

MoominPapa wrote:

Was this guy required to inform me that he had sough permission?

A notice is printed in the local papers and a notice placed on the property.

MoominPapa wrote:

Should this have been part of the searches my solicitor carried out and if he didn't bother what can I do about it?

Not a legal expert

MoominPapa wrote:

If the new development isn't sited exactly where it is placed on the plans what will the council do about it?

What do you mean by exactly? To the nearest mm? Often plans for small developments like this only show what the development will look like in relation to the existing.

If he had the development shown in the back garden and built it in the front then the county council could do something about it.

As the old saying goes buyer beware.

You said your self that you checked out the web site and when that didnt give you any answers you just assumed everything was ok. If you had concerns there is more you could have done. Thats all I was pointing out. If you dont want to hear that then fine.

godtabh

chump wrote:

Well first thing is to go to your neighbour and tell them you have an issue and ask how come you never got wind of it.

Then you need to seek legal advice immediately. And then you need to apply to your district court for an injunction under paragraph 204 of Part 13 of the Planning & Development Regulations 2001.

Good luck to you Sir.





ps. I just made that all up

Just in case some one wants the reference

Transitional.


204. Where an application for a licence is received by a planning authority before the coming into operation of this Chapter—


(a) the fee to be paid to the planning authority shall, be the fee payable under the 1994 Regulations, as amended by the 2001 Regulations, notwithstanding any repeal of those Regulations, and


(b) any licence granted under section 89 of the Act of 1963 shall remain in force for the period for which the licence was granted.

Victor

MoominPapa wrote:

Was this guy required to inform me that he had sough permission?

No. Just a site notice and a newspaper notice.

Should this have been part of the searches my solicitor carried out and if he didn't bother what can I do about it?

Normally yes.

If the new development isn't sited exactly where it is placed on the plans what will the council do about it?

In theory, they can have it demolished. In practice, people just apply for a new planning permission.

MoominPapa

kearnsr wrote:

A notice is printed in the local papers and a notice placed on the property.

The notice in the paper was in before we view the property and because our houses back each other, his house being on another road, we didn't notice the notice

kearnsr wrote:

What do you mean by exactly?

Exactly: the aspect of the new development does not match the plans

kearnsr wrote:

As the old saying goes buyer beware.

You said your self that you checked out the web site and when that didnt give you any answers you just assumed everything was ok. If you had concerns there is more you could have done. Thats all I was pointing out.

The whole point of this thread is that I assumed everything was ok therefore I didn't have concerns at the time because I was otherwise occupied as you tend to be when moving house( having a pregnant fiancee, have to temporarily moving in with parents, dealing with solicitors/estate agents/surveyors, the usual work/family related crap and chirstmas,) you know the way real life intrudes when you are supposed to beware because you are a buyer and not being as I have already stated was a big mistake

So if you have has any ideas as to what I can/should do now I would be very appreciative

godtabh

MoominPapa wrote:

The notice in the paper was in before we view the property and because our houses back each other, his house being on another road, we didn't notice the notice

MoominPapa wrote:

Exactly: the aspect of the new development does not match the plans

In what way. If its a material difference you probably wont get to far.

MoominPapa wrote:

Exactly: the aspect of the new development does not match the plans


The notice in the paper was in before we view the property and because our houses back each other, his house being on another road, we didn't notice the notice



Exactly: the aspect of the new development does not match the plans


The whole point of this thread is that I assumed everything was ok therefore I didn't have concerns at the time because I was otherwise occupied as you tend to be when moving house( having a pregnant fiancee, have to temporarily moving in with parents, dealing with solicitors/estate agents/surveyors, the usual work/family related crap and chirstmas,) you know the way real life intrudes when you are supposed to beware because you are a buyer and not being as I have already stated was a big mistake

I've just bought an aparement. I've had all sorts of problems with solicitiors, buildres banks etc.

While I didnt have the pregnant fiancee I had probably the same issues as your self but I still managed to do the work.

Planning compliance was a problem. I did a lot of investigation before hand. I have all the planning documents, all the builder compliance issues etc. I've spoken to the county council involved.

This is the biggest investment you are ever gona make. Why assume everything was gona be ok. If you bought a car would you have done the same?

MoominPapa wrote:

So if you have has any ideas as to what I can/should do now I would be very appreciative

At this stage there is very little you can do I would say with out knowing all the facts.

As Victor said they can make them take it down but since they have planning and there doesnt seem to be any major variations to what was granted your neighbour is probably well in his rights to do what he is doing.


P.S
A solicitor will only check that any planning issues etc wont affect your house legally. If your neighbour had planning permision your solicitor should have picked up on that.

Should he have informed you that the neigbour was gona build something I'm not sure but I wouldnt have thought that would be in his scope of works but as I said I'm not a legal expert.

Borzoi

kearnsr wrote:

In what way. If its a material difference you probably wont get to far.

A solicitor will only check that any planning issues etc wont affect your house legally. If your neighbour had planning permision your solicitor should have picked up on that.

Should he have informed you that the neigbour was gona build something I'm not sure but I wouldnt have thought that would be in his scope of works but as I said I'm not a legal expert.

Like others, I'm no legal expert, but my previous solicitor did advise me that it was outside his contract to check on other PPs, and advised me to get to council offices. Something I've followed up on on subsequent purchases

godtabh

Borzoi wrote:

Like others, I'm no legal expert, but my previous solicitor did advise me that it was outside his contract to check on other PPs, and advised me to get to council offices. Something I've followed up on on subsequent purchases

I think its the same in most cases. Your solicitor I think only checks for you site

antoinolachtnai

You should try and keep this thing in proportion. If the house doesn't overlook or overshadow your garden, it might not be such a big deal. You might not have been able to stop it being built even if you had objected.

My solicitor told me to check the PP for the surrounding areas too.

One thing to check is whether there was any indication of agreement or consent by your predecessor as part of the PP application. If there was anything like this, there is an argument to be made that it should have been disclosed to you.

The whole thing isn't open-and-shut. You should certainly talk to the solicitor, but I would be careful before pouring any money into this.

Best,

Antoin.

MoominPapa

antoinolachtnai wrote:

You should try and keep this thing in proportion. If the house doesn't overlook or overshadow your garden, it might not be such a big deal. You might not have been able to stop it being built even if you had objected.

He previously had the same application refused because of the devaluing effect on surrounding properties.

antoinolachtnai wrote:

One thing to check is whether there was any indication of agreement or consent by your predecessor as part of the PP application. If there was anything like this, there is an argument to be made that it should have been disclosed to you.

I have a feeling he waited until this house was on the market, it had been unoccupied for a while before it was put up for sale

antoinolachtnai wrote:

but I would be careful before pouring any money into this.

Can't afford to

Thanks for the tips

jubi lee

if he got PP before you moved in then as far as I know you have no come back.

you could try An Bord pleanala though..I doubt they'd stop him at this stage particularly as you are not overlooked etc.