neighbour planning extensive extension

tom1ie

Hi all,
I have recently found out my neighbour plans to build a two storey extension plus single story extension out the back plus another "outbuilding" in the back garden.
The neighbours land where this extension will take place is at the back of my garden. (so their land runs perpendicular to mine).
My garden is south facing and from the back of my garden to the back of my house there is a fall of about 3m. My garden is 90ft long. (27m) and 8m wide
Their existing dwelling already extends 2m along the width of my back fence, on their side.
Their is already a frosted window looking out onto my garden.
This extension will extend an extra 6m approx. so will extend the width of my garden blocking out a lot of light as it will be mostly 2 story.
The first i heard about this was yesterday off another neighbour.
The neighbours in question have put a planning permission sign at the front of their house, but they live in a cul de sac and their driveway is fairly secluded. (probably not a big deal, they have notified by posting the notice).

I'm wondering what options I have here and realistically is there anything i can do to get this scaled back so that the development does not block out my light?
(i believe there is no automatic right to light anymore?)

Also the notice went up on the 5th may (that's the date anyway).
The girl in planning said they only received the plans on the 10th and it will take a "while" before the plans are up on the councils website.
How much time do i have to make an objection before the planning is granted?
So when I make an objection re the development does it have to be worded a certain way?
Should i be getting a solicitor involved in this or what do you guys think?

many thanks for any advice you have.

muffler

tom1ie wrote: »

1. so that the development does not block out my light?
2. How much time do i have to make an objection before the planning is granted?
3. does it have to be worded a certain way?
4. Should i be getting a solicitor involved in this or what do you guys think?

1. If the garden is 27m long there wont really be any issue with light or lack of same.
2. 5 weeks from the date the council received the application.
3. No, not particularly. Jot down the issues you are concerned with.
4. You could but Im not sure if it would be any great benefit if you know the issues yourself.

tom1ie

muffler wrote: »

1. If the garden is 27m long there wont really be any issue with light or lack of same.
2. 5 weeks from the date the council received the application.
3. No, not particularly. Jot down the issues you are concerned with.
4. You could but Im not sure if it would be any great benefit if you know the issues yourself.

Gardens 27m long but slopes down by approx 3m. So any double height extension that gets built will block out light as is evident by the shadow cast by the existing dwelling.
Is there a guideline on this aspect at all does anyone know?

Sleeper12

You don't have any right to light in your garden. You have right to light inside your home but it's unlikely that this will be close enough to lower the light level inside your home

VelaSupernova

If you’re living in the house more than twenty years you should take this to court.

Section 3 of the 1832 Act specifically applies to easements of light and provides that any claim to the use of a right to light which is enjoyed for a period of 20 years without interruption shall be an absolute and indefeasible right.

tom1ie

VelaSupernova wrote: »

If you’re living in the house more than twenty years you should take this to court.

Section 3 of the 1832 Act specifically applies to easements of light and provides that any claim to the use of a right to light which is enjoyed for a period of 20 years without interruption shall be an absolute and indefeasible right.

I'm only in 10 years so no dice!
So basically they can build as big as they want and there's feck all I can do about it?

Sleeper12

VelaSupernova wrote:

Section 3 of the 1832 Act specifically applies to easements of light and provides that any claim to the use of a right to light which is enjoyed for a period of 20 years without interruption shall be an absolute and indefeasible right.

This applies to the inside of the house. Light coming through windows.

https://www.right-of-light.co.uk/republic-of-ireland-rights-of-light-law/

tom1ie

Sleeper12 wrote: »

This applies to the inside of the house. Light coming through windows.

How do you guage this? Lumen test before the build and then somehow model the effect the dwelling has on the lumens level?
Has no bearing on my situation as I'm there less than 20 years though.
It will definitely affect the light levels coming on the window.
Planning says two storey development plus attic conversion plus single storey extension plus extension of front porch plus extension of attic room.
It's like a new house getting added to the old house.

Darc19

tom1ie wrote: »

I'm only in 10 years so no dice!
So basically they can build as big as they want and there's feck all I can do about it?

No.

There's no absolute right to light. But it is taken into account. But I wouldn't bother with that argument due to the size of your garden.

Privacy is the route to go especially if any window can see into your garden.
Over development is another but depends on size of their garden.
Or if you have a particularly good view at present and this blocks it.

Appeals are made public, so be careful and concise with details.

Don't exaggerate either.

Sleeper12

tom1ie wrote:

How do you guage this? Lumen test before the build and then somehow model the effect the dwelling has on the lumens level? Has no bearing on my situation as I'm there less than 20 years though. It will definitely affect the light levels coming on the window. Planning says two storey development plus attic conversion plus single storey extension plus extension of front porch plus extension of attic room. It's like a new house getting added to the old house.

It's all changed since 2009

"The 2009 Act abolishes the creation of easements to light in Ireland that were not registered before 2021. After that date, it is important to note that any right to light must be expressly granted by deed or else no such right will exist"

tom1ie

Darc19 wrote: »

No.

There's no absolute right to light. But it is taken into account. But I wouldn't bother with that argument due to the size of your garden.

Privacy is the route to go especially if any window can see into your garden.
Over development is another but depends on size of their garden.
Or if you have a particularly good view at present and this blocks it.

Appeals are made public, so be careful and concise with details.

Don't exaggerate either.

If I knew how to take pics I would post the view we have out the back of trees etc it is beautiful. That will be gone with this development.
The neighbour has a massive back garden so not sure where I stand with over development.

James 007

Dont know anything about this company below but a quick google & I found these.

https://www.avisonyoung.ie/rights-of-light

What about the houses that may adjoin this neighbour on the other side, do they have two storey extensions. Whats the current precedance in the area for other houses & a set back distance from the original line of the back wall.

My garden is north facing & its two storey & the shadow cast is probably 3-4m from the back wall of the house so I would think you might not be severely effected as you might think when the sun is high in the sky. There are companies out there like the above that might be able to help.

Are there other angles that can be explored, for example is there a shared sewer at the back of the houses, can this impact the extension in any way

Tow

How much back garden will they have after the extension? There is a requirement for at least 25sqm of private open space.

Sleeper12

tom1ie wrote:

If I knew how to take pics I would post the view we have out the back of trees etc it is beautiful. That will be gone with this development. The neighbour has a massive back garden so not sure where I stand with over development.

I had a view of Howth and Dublin Bay but now there are two 5 story appartment blocks cutting off that view.

As posted above, right to light & views aren't the way forward. What little chance you have is being overlooked /privacy

tom1ie

Tow wrote: »

How much back garden will they have after the extension? There is a requirement for at least 25sqm of private open space.

It's a huge garden so they'll defo have more than the minimum requirement.

Pinoy adventure

Be happy with your neighbor and mind your own business

tom1ie

Sleeper12 wrote: »

I had a view of Howth and Dublin Bay but now there are two 5 story appartment blocks cutting off that view.

As posted above, right to light & views aren't the way forward. What little chance you have is being overlooked /privacy

Once the council get the plans uploaded I can see the side elevation and see if they plan a window etc on that side.
There is already a frosted window overlooking my garden.

tom1ie

Pinoy adventure wrote: »

Be happy with your neighbor and mind your own business

Good man. On your way now troll.

tom1ie

James 007 wrote: »

Dont know anything about this company below but a quick google & I found these.

https://www.avisonyoung.ie/rights-of-light

What about the houses that may adjoin this neighbour on the other side, do they have two storey extensions. Whats the current precedance in the area for other houses & a set back distance from the original line of the back wall.

My garden is north facing & its two storey & the shadow cast is probably 3-4m from the back wall of the house so I would think you might not be severely effected as you might think when the sun is high in the sky. There are companies out there like the above that might be able to help.

Are there other angles that can be explored, for example is there a shared sewer at the back of the houses, can this impact the extension in any way

So no two story extensions, bar houses converting over a garage which is different than this case.
Shared sewer would be in the cul de sac out the front of their house.
No development like this in the area.

_Brian

tom1ie wrote: »

I'm only in 10 years so no dice!
So basically they can build as big as they want and there's feck all I can do about it?

No.
They can build as big as the planning office has agreed is ok for your area.
Given the size of the garden I don’t think this is going to get much traction in fairness. You might have input if there are any windows on your side but that’s different.

James 007

If its planned for the two storey to adjoin your wall, will there be a gutter overhead running the 8m to a a vertical rainwater pipe, how do they plan to maintain this if it gets blocked. If a loose slate/tile were to fall off this extension would it be likely to land where you are sitting in your garden.

What will be the finish on the wall, guess render, will it be painted, how do they maintain it with no access. Watch out for velux windows if it is an framed extension hipped into the existing roof, can they see into you garden from these at an attic floor level.

Best you might hope for if it does go ahead that the council make a recommendation that the wall to be adjoining the side of your property is setback something like 2m from your back garden wall, that would be a hugh help.

A good architect/engineer should be able to formally word your concerns & any additional concerns that they might highlight.

tom1ie

_Brian wrote: »

No.
They can build as big as the planning office has agreed is ok for your area.
Given the size of the garden I don’t think this is going to get much traction in fairness. You might have input if there are any windows on your side but that’s different.

Yeah thinking that tbh.
Just found out the homeowner is an architect!
I'd say I'm bunched!

tom1ie

James 007 wrote: »

If its planned for the two storey to adjoin your wall, will there be a gutter overhead running the 8m to a a vertical rainwater pipe, how do they plan to maintain this if it gets blocked. If a loose slate/tile were to fall off this extension would it be likely to land where you are sitting in your garden.

What will be the finish on the wall, guess render, will it be painted, how do they maintain it with no access. Watch out for velux windows if it is an framed extension hipped into the existing roof, can they see into you garden from these at an attic floor level.

Best you might hope for if it does go ahead that the council make a recommendation that the wall to be adjoining the side of your property is setback something like 2m from your back garden wall, that would be a hugh help.

A good architect/engineer should be able to formally word your concerns & any additional concerns that they might highlight.

Thanks for the advice.

James 007

Information in link below, dont know how useful. Often terms used are 'overbearing effect' & 'tunnel effect' but these probably apply more to terraced type houses, you on the otherhand have a larger long garden. Your main concern regarding shadow is the winter solstice in December as sun will be at its lowest & cast a larger shadow on your garden.

https://councilmeetings.dublincity.ie/documents/s19600/APPENDIX%2017%20GUIDELINES%20FOR%20RESIDENTIAL%20EXTENSIONS.pdf

17.2 General Principles
New extensions, whether they are single or two-storey, have an effect on their immediate
environment and accordingly the following general principles should be addressed in all
proposals for extension. Proposals should:
 Not have an adverse impact on the scale and character of the dwelling.
 Have no unacceptable effect on the amenities enjoyed by the occupants of adjacent
buildings in terms of privacy and access to daylight and sunlight.

17.5 Relationship Between Dwellings and Extensions
In cases where the backs of dwellings face each other or where the side of one dwelling
faces the rear of a neighbouring property, a certain degree of separation is required to avoid
any overbearing effect of one dwelling upon the other.

Gumbo

Tow wrote: »

How much back garden will they have after the extension? There is a requirement for at least 25sqm of private open space.

That’s only for exempted development. Irrelevant in this instance.