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Huge mistake

  • 24-10-2019 8:13pm
    #1
    Registered Users, Registered Users 2 Posts: 16


    Hi everyone

    We have recently built an extension to the back of our 2 story house.
    It's 16ft long by 7 ft wide. Our house previously had no main bathroom.
    We built it on top of a rear extension of the same dimensions that had been completed by the previous owner.

    our architect told us that the build didn't require planning. We should have checked this , but didn't.

    We have been objected by our neighbour.

    The extension is 3 metres away from their house. They claim that it blocks light & a view.
    They have a kitchen window at the gable end of the house and had a partial view of a mountain.
    (Prior to building the extension we informed out neighbour of our plans , she agreed not to object of we would remove trees in our garden.
    Unfortunately since building has began she is very unhappy with us as we had birds nesting so didn't knock the trees quickly enough. She is well within her right to complain obviously , I'm just giving background information that we tried out best)

    We were unaware that a prior upper story extension had previously been added before we bought the property 16 years ago. It was built in 1973.

    The board has found that as our upper story extensions now exceed 40 metres squared , as per the exemption rule. So we are in breach and have broken planning laws.

    We are going to apply for planning retention, but I fear that we won't get it.
    I'm so worried we will have to tear down the initial exrension, or else the bathroom.


    My god the money we've wasted.

    What is the typical outcome in cases like this? We were genuinely unaware.
    How unlikely is it that we will get planning?
    I feel sick.


Comments

  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    2017ul wrote: »
    Hi everyone

    We have recently built an extension to the back of our 2 story house.
    It's 16ft long by 7 ft wide. Our house previously had no main bathroom.
    We built it on top of a rear extension of the same dimensions that had been completed by the previous owner.

    our architect told us that the build didn't require planning. We should have checked this , but didn't.

    We have been objected by our neighbour.

    The extension is 3 metres away from their house. They claim that it blocks light & a view.
    They have a kitchen window at the gable end of the house and had a partial view of a mountain.
    (Prior to building the extension we informed out neighbour of our plans , she agreed not to object of we would remove trees in our garden.
    Unfortunately since building has began she is very unhappy with us as we had birds nesting so didn't knock the trees quickly enough. She is well within her right to complain obviously , I'm just giving background information that we tried out best)

    We were unaware that a prior upper story extension had previously been added before we bought the property 16 years ago. It was built in 1973.

    The board has found that as our upper story extensions now exceed 40 metres squared , as per the exemption rule. So we are in breach and have broken planning laws.

    We are going to apply for planning retention, but I fear that we won't get it.
    I'm so worried we will have to tear down the initial exrension, or else the bathroom.


    My god the money we've wasted.

    What is the typical outcome in cases like this? We were genuinely unaware.
    How unlikely is it that we will get planning?
    I feel sick.

    There is no typical outcome unfortunately.
    Planning is subjective and based on a case by case basis, along with some standard guidelines as set out in your county development plan.

    If the extension is something that would have gotten planning permission originally, then there’s a good chance retention will be granted. If it’s taking the Mick, and overbearing then in theory it could be refused.

    For the moment, you nee pd to get a planning agent you trust to lodge a retention application and cross your fingers.


  • Registered Users, Registered Users 2 Posts: 16 2017ul


    kceire wrote: »
    There is no typical outcome unfortunately.
    Planning is subjective and based on a case by case basis, along with some standard guidelines as set out in your county development plan.

    If the extension is something that would have gotten planning permission originally, then there’s a good chance retention will be granted. If it’s taking the Mick, and overbearing then in theory it could be refused.

    For the moment, you nee pd to get a planning agent you trust to lodge a retention application and cross your fingers.

    Thanks for replying so quickly. I must look in to one.
    It may be a blessing in disguise , who knows?

    Is there anywhere that I can find out what would or would not get planning?.

    It's 3 metres away from one neighbour
    9 from the other.
    Has no side windows.
    And there's more than 60 metres of garden remaining.


  • Moderators, Society & Culture Moderators Posts: 40,339 Mod ✭✭✭✭Gumbo


    2017ul wrote: »
    Thanks for replying so quickly. I must look in to one.
    It may be a blessing in disguise , who knows?

    Is there anywhere that I can find out what would or would not get planning?.

    It's 3 metres away from one neighbour
    9 from the other.
    Has no side windows.
    And there's more than 60 metres of garden remaining.

    Engage a local planning agent to advise.
    There’s no black or white rules with regards to what gets planning and what doesn’t.


  • Registered Users, Registered Users 2 Posts: 16 2017ul


    kceire wrote: »
    Engage a local planning agent to advise.
    There’s no black or white rules with regards to what gets planning and what doesn’t.

    Thank you


  • Registered Users, Registered Users 2 Posts: 1,541 ✭✭✭Dudda


    Following on from kceire's advice I'm not sure where you live but a good Planning Consultant can be hard to come by and I know as many bad as good. As you probably know from a Saturday night in a pub everyone can advise on planning and has opinions. Put a lot of work into finding a good planning consultant. You'll only get one shot at this.


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  • Registered Users, Registered Users 2 Posts: 803 ✭✭✭woohoo!!!


    Apply for retention permission. There's no right to a view. There is a right to light but not 100 percent of it.

    Set out how much light is now lost with this extra storey. For example if directly south of the neigbours window, then could be a good amount of light lost, if the other way around, then very little. If the neighbours kitchen has a rear window also, set this out. Ultimately a shadow analysis will precisely set this out, up to you and your agent to decide whether this is necessary.

    In your application, include a cover letter setting out what's in your OP. While your neighbour may not ever be happy, you did let them know of your plans and cut trees to keep them onside.


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