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Neighbour No Planning Permission

  • 16-01-2023 11:55am
    Registered Users Posts: 171 ✭✭ Dslatt

    Hello, my neighbour has built a very large extension for which there does not appear to be any planning permission. It has caused severe drainage issues which have damaged the road outside my house as well as the ground at the wall dividing our properties. What would be my best port of call here?


  • Registered Users Posts: 65 ✭✭ cars14

    Talk to your solicitor and get advice.

    Your solicitor will tell you how to report it to the Council.

    You will need an Engineers Report explaining the problems caused by the extension.

  • Registered Users Posts: 171 ✭✭ Dslatt

  • Registered Users Posts: 23,834 ✭✭✭✭ AndrewJRenko

    You don't need a solicitor to make a report to your local authority Planning Enforcement. You'll find details on your LA's website.

    If you're planning on taking action for damages, you would need solicitor and engineer as outlined above.

  • Registered Users Posts: 328 ✭✭ tommythecat

    They may not need PP if its under 40sqm. Thats quite large.

  • Registered Users Posts: 344 ✭✭ Girl Geraldine

    First, make fully sure that it is work that requires planning permission. A lot of stuff is exempted development.

    After that, lodge a written complaint with the planning department of your County Council.

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  • Registered Users Posts: 2,909 ✭✭✭ T-Maxx

    Would you not just discuss it with the neighbour before going the nuclear way?

  • Registered Users Posts: 171 ✭✭ Dslatt

  • Registered Users Posts: 2,748 ✭✭✭ coolbeans

    Don't talk to a solicitor as that's just a waste of money. Report directly to the planning authority. If you need to take a civil action against neighbour then you may need a solicitor but you're not at that stage yet.

  • Registered Users Posts: 11,281 ✭✭✭✭ Calahonda52

    Forget about a lawyer at this stage.

    If the drainage works on the road has damaged it as you describe, the it's a LA issue, regardless of PP.

    So go down that road.

    If you lodge a complaint re the PP, it is a public document and if you are wrong...egg on face.

    The road damage is a much cleaner line of attack

    Can you post a few pictures of the damaged road here

  • Registered Users Posts: 344 ✭✭ Girl Geraldine

    I wouldn't worry about the egg on face bit.

    Nobody will give a shít outside of the neighbours.

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  • Registered Users Posts: 16,613 ✭✭✭✭ Donald Trump

    OP, there is also a 6 year time limit for enforcement proceedings. You might want to take notice of that in the event you think you might want to report it.

  • Registered Users Posts: 172 ✭✭ Kop On

    Important to correct something you’ve said there. If you complain to the council regarding an unauthorised development your name remains anonymous so it is not a public document as you suggested.

  • Registered Users Posts: 695 ✭✭✭ Oscar_Madison

    A wording I’ve read on another councils website is something like, while they will try and keep your identity private, in some cases you may be identified. The initial complaint though would be through an email or online form- I’d imagine that would be private- but the council may have to inform the other householder who the complainant is if they’re impacted in some way, which appears to be the case here.

  • Registered Users Posts: 172 ✭✭ Kop On

    Maybe if you were asked to go to court to give evidence (which you could decide against doing) but it’s in black and white there from DCC that your complaint is anonymous.

  • Subscribers Posts: 37,706 ✭✭✭✭ sydthebeat

    but the council may have to inform the other householder who the complainant is

    its not really that simple

    Is there anything else that I need to know?

    • Your personal information will not be divulged due to Data Protection and Freedom of Information legislation. Your identity will also not be divulged under Freedom of Information legislation unless the Planning Authority is compelled to release this information to comply with statutory or legal obligations.

    • If the Planning Authority begins legal action, the Courts or Cork County Council may ask you to give evidence in court about the unauthorised development start date or its impact on you. Your evidence may be crucial if a court case is to succeed.

  • Moderators, Regional North West Moderators Posts: 43,829 Mod ✭✭✭✭ muffler

    A few years ago I asked someone in my local Council if a "reporter" could be named upon request and was told no. The reason given was that if the county manager/CEO formed the opinion that to release the name could lead to friction/breach of the peace between the parties involved then he/she would be duly bound to refuse such an application or words to that effect. I checked the regulations after that and it's in there. That said someone did tell recently that they were able to get the name of a person who had reported then but I'm not sure if that's true or not.

  • Registered Users Posts: 695 ✭✭✭ Oscar_Madison

    If it’s your immediate neighbour and the construction is having an adverse affect on your own home, it’s pretty likely that the council will have to inform the neighbour of that fact- reporting a random neighbour away from your house over a lack of planning permission, there’s no reason to mention your name- but reporting your immediate neighbour because of an issue affecting your own house- practically your name would have to be mentioned in some context.

  • Subscribers Posts: 37,706 ✭✭✭✭ sydthebeat

    not sure what you mean

    when you make a complaint, of course you must include your name and address in order for the council to accept teh complaint as valid.

    however the anonymity comes from the council not releasing the complainants name as part of the procedure, even under standard FOI requests

  • Registered Users Posts: 695 ✭✭✭ Oscar_Madison

    It from a practicality perspective how will that work if the construction impacts directly on your property? It’s impossible to keep names out of it at that point.

  • Subscribers Posts: 37,706 ✭✭✭✭ sydthebeat

    no its not, it happens all the time. The council do not give out the name of the complainant.

    in most urban situations, houses have more than 1 neighbour.

    what ive found over the years that the developments that draw the ire of neighbours are the types that are really taking the pi$$. the type of person that carries out these developments without caring about their neighbours or planning permission, and in the main, dickheads who would have burned their bridges with a lot of the neighbours in the area. Therefore theres usually a list of people waiting to make complaints when it becomes possible.

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  • Moderators, Society & Culture Moderators Posts: 33,329 Mod ✭✭✭✭ Gumbo

    I’ve seen complaints from people that live 5km away from the subject site. It’s not always neighbours!