Issue just before planning decision

splashthecash

Hey, expecting planning decision this week and found out yesterday that the landowner next to our site doesnt want windows looking out on his land (which we have). I know his time has past now in terms of objections and it is very unreasonable coming to me at this late stage with issues like this but I have a question regarding slurry pits and the regulations around them.

Is there a certain distance that a proposed slurry pit would need to be from a residential house?

I know the first part of my thread seems disjointed from my question but they are related...things could get unplesant over this.

No6

If your windows are more than 3m away from the side boundary your neighbour dosn't really have a leg to stand on unless they are looking directly in the back windows of his house. If he is outsde the time for making observations then he really dosn't have anything he can do, so smile sweetly and let him off.

As far as I am aware for a slurry pit to be exempted development it must be 100m away from houses and roads but like many exempted development issues it may require clarification. If someone applies for permission for a slurry pit there is no minimum, but the coco would have regard to adjoining dwellings etc.

splashthecash

No6 wrote: »

If your windows are more than 3m away from the side boundary your neighbour dosn't really have a leg to stand on unless they are looking directly in the back windows of his house. If he is outsde the time for making observations then he really dosn't have anything he can do, so smile sweetly and let him off.

As far as I am aware for a slurry pit to be exempted development it must be 100m away from houses and roads but like many exempted development issues it may require clarification. If someone applies for permission for a slurry pit there is no minimum, but the coco would have regard to adjoining dwellings etc.

Cheers No6, I don't want there to be bad blood but don't want to have to redesign my house either....especially when I didn't do anything wrong

Poor Uncle Tom

Just to remember that the neighbour could end up appealing any grant of planning permission, if they can prove a valid reason for not making an observation within the specified period and they make a successful leave to appeal to an Bord.

rayjdav

Poor Uncle Tom wrote: »

Just to remember that the neighbour could end up appealing any grant of planning permission, if they can prove a valid reason for not making an observation within the specified period and they make a successful leave to appeal to an Bord.

PUT,
This option I thought was only open to an adjoining land owner if say the granting of an application, with conditions, affected the adjoining owners "enjoyment" of the land, taking into consideration that the final grant is different from what was originally applied for, due to RFI's or alterations, because of the said conditions?

Basically, if what was originally applied for is granted permission and the adjoining land owner never made a submission, then he does not have a leg to stand on. Moreover, if the applicant omitted windows after a grant from the coco, purely just to keep a neighbour sweet, they would only be bringing unwarrented trouble on themselves.

http://www.agriculture.gov.ie/farmerschemespayments/farmbuildings/farmbuildingandstructuresspecificationspdfformat/

This is the link to the Dept Of Ag. and all required specs re farm buildings. Might be of help.

Poor Uncle Tom

Yes rayjdav, what my post was trying to cover was that the neighbour wants the house design altered significantly at this stage, leading to a possible change in design agreed to by the council or by condition at the last minute, giving the landowner a valid reason for leave to appeal.

sydthebeat

No6 wrote: »

If your windows are more than 3m away from the side boundary your neighbour d.........

just a quick q... where does this 3m come into it?
development plans?

in my experience, in general ground floor windows are fine, doesnt matter what the separation distance is.

No6

sydthebeat wrote: »

just a quick q... where does this 3m come into it?
development plans?

in my experience, in general ground floor windows are fine, doesnt matter what the separation distance is.

Might just be a Mayo thing Syd, but 3m is the separation distance from side boundaries used in housing estates, they will permit first floor windows at this distance too but they must be opaque glass. I think its derived from one of those UK urban design guides The OP was referring to the side of his house, so if they permit that in urban areas they are not going to make it larger in rural areas!! It may be different in other counties, but a one off rural house which I am assuming that this one is will most likely be more than 3m from the side boundaries.

splashthecash

Thanks to you all for your input - just to clarify, he said he is fine with ground floor windows on the side looking out on his land but doesn't want anything above it...

I am well aware that he did not lodge any comment\objections during the allowed time but find it very hard to believe that as a landowner he didn't check it out....especially because he obviously didn't want windows looking out.

We are due to hear tomorrow morning (Tuesday 28th) so the site owner, and my planning consultant both told me to wait and see what comes back from the coco and we'll go from there. Obviously any design change (IF we decide to go that way) is going to

a) involve additional cost on my side
b) require us going through the coco planning process again in some shape or form...which is annoying, especially because this could've been dealt with a long time ago.

Cheers all!

splashthecash

Poor Uncle Tom wrote: »

Just to remember that the neighbour could end up appealing any grant of planning permission, if they can prove a valid reason for not making an observation within the specified period and they make a successful leave to appeal to an Bord.

There is no valid reason I can think of that he didn't make any observation...wasn't out of the country or anything like that.