An board pleanala and precedent

m_stan

I have been granted planning for an extension to an existing property which has now been appealed to an bord pleanala on the basis of the impact the extension will have on the light on the adjoining property. The thing is, the property on the other side of my house (street of semi-d houses) was granted permission for the exact same extension 6 years ago and was built. ie: House 1 objected, House 2 is me, House 3 was granted and built the exact same extension I intend to build.

I have pointed out this precedent, as well as argued on several other grounds in my submission to the bord on the appeal.

How much of a factor will this precedent be in the decision of the bord? Is it a done deal on this, or could the appeal still be successful? The 4 week period is well past so it looks like this case is being given full consideration by the inspector at ABP.

4 months is a very long time to have to wait for a decision on this. It's killing me!

Thanks in advance

sydthebeat

m_stan wrote: »

I have been granted planning for an extension to an existing property which has now been appealed to an bord pleanala on the basis of the impact the extension will have on the light on the adjoining property. The thing is, the property on the other side of my house (street of semi-d houses) was granted permission for the exact same extension 6 years ago and was built. ie: House 1 objected, House 2 is me, House 3 was granted and built the exact same extension I intend to build.

I have pointed out this precedent, as well as argued on several other grounds in my submission to the bord on the appeal.

How much of a factor will this precedent be in the decision of the bord? Is it a done deal on this, or could the appeal still be successful? The 4 week period is well past so it looks like this case is being given full consideration by the inspector at ABP.

4 months is a very long time to have to wait for a decision on this. It's killing me!

Thanks in advance

first of all, don't expect a 4 month decision... 6 months is more realistic

secondly, in my experience precedent only works one way. Councils and ABP will only state precedent when they want to refuse something, ie it will set an undesirable precedent. When precedent is referred by joe soap you tend to get the response of "if a mistake was made in the past, thats no reason to repeat it in the future"...

my experience anyway....

is the objectors dwelling to the north south east or west of you?

Poor Uncle Tom

Every case is different and treated on their own merits. A precedent was set by the council in granting the first planning application and they carried this through by granting your planning permission. This will have a bearing on the Bord's decision but it will not be the ruling factor.

It all depends on the scale and massing of the extension, how close to the boundry it would be, how high it would be and what orientation it would be at from the apellants dwelling, whether the floor levels of the extension are similar to the apellants dwelling and what the extension would be used as.

Also, it is very likely that it will take closer to 6 months then 4 months to reach a decision.

m_stan

sydthebeat wrote: »

is the objectors dwelling to the north south east or west of you?

west. the house is south facing. the extension is at the rear, so minimal impact on direct sunlight

m_stan

Poor Uncle Tom wrote: »

Also, it is very likely that it will take closer to 6 months then 4 months to reach a decision.

appreciate the feedback.

So when the ABP site has a 'Case is due to be decided by' date, is this generally unreliable? Looking at recent decisions on their site, it looks like they are getting through decisions in the 4 month range.

Poor Uncle Tom

Coming up on time they usually send a letter to state that "...due to increases in the volume of appeals it will not be possible to deal with your case within the prescribed period.......etc., etc..."

The last ones I had sent to me were like this anyhow.

sydthebeat

m_stan wrote: »

west. the house is south facing. the extension is at the rear, so minimal impact on direct sunlight

your extension will only impact up until about noon....

in warm summer day sit will have no impact on the dwelling to the west.

a "sunlight and shadow" analysis would show this. can you include one in your response??

m_stan

sydthebeat wrote: »

your extension will only impact up until about noon....

in warm summer day sit will have no impact on the dwelling to the west.

a "sunlight and shadow" analysis would show this. can you include one in your response??

I've already responded, so it's now over to ABP. I made extensive reference to the minimal impact on light in my response - including some favourable aerial shots, though I didn't do a detailed analysis (3d models etc). Either way, it's out of my hands now and I just need to go through the very painful (and expensive) waiting period!

Thanks for the comments.