35sq meter extn planning question

RobAMerc

Hi all,

We had a visit from the neighbours son there today claiming he was going to throw and objection to our extension.
We are at foundation levels.
Our ground floor extension goes out 6 meters from the back of our house inches from but parallel to the party wall.
He is claiming that we can only go out 2 meters and any wall after that must be at least 2 meters from the boundry wall. Otherwise we are stealing light from the back of his house. ( even though its a North facing garden )

I've read the info on dlrcoco, he looks to be talking out his a**, my contractor and Chartered engineer have both told me he is talking out his a**, so having had all those assurances, I dont want to end up in court, so is he talking nonsense ?

Thanks as ever
Rob

BryanF

Yea Nonsense have a read of part 1 class 1 of the exempted development here http://www.irishstatutebook.ie/eli/2001/si/600/made/en/print#
What about highlighting the relevant sections and giving it to your neighbour.
Also What a about getting you eng to take the drawings already prepared and submit a 'section 5 declaration'- this could be submitted without halting the works.
I presume you have a commencement notice in with building control and that you have considered your requirements under the current health & safety legislation?

Skatedude

I got full planing permission to build and extension which is inches from the boundary wall and there was no issue.

But the 2m rule i believe applies to the building itself, not the boundary wall, ie you cant build your extension if it's within 2m of their house. but you can build right up to the boundary wall if their house is more then 2m away from it.

Poor Uncle Tom

Skatedude wrote: »

But the 2m rule i believe applies to the building itself, not the boundary wall, ie you cant build your extension if it's within 2m of their house. but you can build right up to the boundary wall if their house is more then 2m away from it.

No, you should read the link in BryanF's post. The 2m is between any above ground floor level floor and a party boundary.

RobAMerc

he was showing me a load of stuff that backed up his case, I didnt want to point out to him the 2m rule clearly said above ground level, he comes across as quite aggressive and I think between trying to intimidate us and his arrogance thought he could scare us into stopping.
I actually read the line stating that there must be at least 1m between any window and a boundary, clearly making the 2m boundary clearance nonsense while at his screen. He chose to ignore that, I didnt need a row in front of his 90 yo mother.

Commencement of works ? Its and exempt 36sq meter single story extension - I had considered the neighbours in deciding to go flat rather than pitched roof.

I did feel sorry for her his Mum, he has made me think, screw them and I am p*ssed I told the contractor to hold off tomorrow.

Poor Uncle Tom

RobAMerc wrote: »

I told the contractor to hold off tomorrow.

Why?

RobAMerc

Poor Uncle Tom wrote: »

Why?

Eh, I dont want to start a war. I just want to do what I am entitled to do without this lad trying to bully me into doing what he wants.

As long as I am happy we are doing everything above board, I think we will carry on. As I said I was willing to review this but his behaviour and attitude had me walking away seething.

Poor Uncle Tom

What I mean is, if you are happy what you are doing is above board, why stall progress?

BryanF

RobAMerc wrote: »

he was showing me a load of stuff that backed up his case, I didnt want to point out to him the 2m rule clearly said above ground level, he comes across as quite aggressive and I think between trying to intimidate us and his arrogance thought he could scare us into stopping.
I actually read the line stating that there must be at least 1m between any window and a boundary, clearly making the 2m boundary clearance nonsense while at his screen. He chose to ignore that, I didnt need a row in front of his 90 yo mother.

Commencement of works ? Its and exempt 36sq meter single story extension - I had considered the neighbours in deciding to go flat rather than pitched roof.

I did feel sorry for her his Mum, he has made me think, screw them and I am p*ssed I told the contractor to hold off tomorrow.

If and I say if, your neighbour wanted to make life difficult for you, it would be under one of the following IMHO :
Health & safety client obligations: http://www.hsa.ie/eng/Publications_and_Forms/Publications/Construction/Guide_for_Homeowners.html
Submitted commencement notice: http://www.dublincity.ie/main-menu-services-planning-building-control/frequently-asked-questions-commencement-notices

Section 5: http://www.dublincity.ie/main-menu-services-planning-heritage-and-conservation-conservation/section-5-declaration

RobAMerc

thanks for the info BryanF.

My contractor is totally above board. So I have no worries there.
As for the commencement notice I was aware of it but I had thought ...

When is a commencement notice is not required?

A commencement notice is not required for works or a change of use which are exempted development under the Planning Acts and for which a Fire Safety is not required.

I agree on the section 5, I'll have the engineer apply for that tomorrow.

Gumbo

You do not need to lodge a commencement notice for these works.

Health and safety etc as Bryan posted about applies though.
Tell your Neighbour that you have sought advice and are 100% confident that you are working within the exempted guidelines and that if he what's to get clarification he can lodge a complaint with planning enforcement.

They will come out, rule it exempt and issue a letter confirming that in their opinion the works are exempt.

RobAMerc

thanks guys,

As I stated, I probably will get a Section 5. I presume that this will negated the need for the inspection. Which I presume will take longer than the cert.

Thanks again
Rob

Gumbo

RobAMerc wrote: »

thanks guys,

As I stated, I probably will get a Section 5. I presume that this will negated the need for the inspection. Which I presume will take longer than the cert.

Thanks again
Rob

Apply for Section 5 now.
Let neighbour complain to Planning Enforcement (Separate Section to Planning for obvious reasons).
When/if you get a letter from Planning Enforcement, it will be an alleged breach of planning, you can reply with either the Section 5 Approval to them or let them know you are awaiting the decision of the section 5.

Strolling Bones

Sorry for your troubles OP. I have acted before for someone in your position where a neighbour complained about an exempted development. I was called in when an enforcement officer suggested that the client make a planning application that was - he was assured - going to be granted. And guess what - the neighbour did not object or complain.

For as much as people see exempted developemnt as a great red tape saver (which it is) it does fail to put in place a process whereby the affected neighbour can feel a sense of inclusion or consultation. For the planning system balances two rights quite well in my opinion. Ones right to build and ones right to to influence the next guys right to build. Remove the system and you can and do get agreived neighbours.

RobAMerc

kceire wrote: »

Apply for Section 5 now.
Let neighbour complain to Planning Enforcement (Separate Section to Planning for obvious reasons).
When/if you get a letter from Planning Enforcement, it will be an alleged breach of planning, you can reply with either the Section 5 Approval to them or let them know you are awaiting the decision of the section 5.

Wont the engineers certification be enough ?

Gumbo

RobAMerc wrote: »

Wont the engineers certification be enough ?

Yes it's enough in my opinion and will be enough for future sales etc
But to keep your neighbour happy, if he lodges a complaint you will have the back up of the LA.

If he doesn't complain then do nothing further yourself other than the engineers cert.