Proximity of new build house to Boundary wall .

rocjohn

On a new estate in Dublin the developer is building a new home which will be less than 2 metres from the boundary wall of the garden (very small garden) of house backing onto it.

Does anyone know is there a minimum legal distance required under planning laws between a boundary wall and the new build.?

GerardKeating

https://www.boards.ie/discussion/2058294743/proximity-of-new-build-house-to-boundary-wall

Does what they are doing match the planning permission granted ?

muffler

https://www.boards.ie/discussion/2058294743/proximity-of-new-build-house-to-boundary-wall

Single, 2 storey?

FishOnABike

Are there any windows of the proposed new build facing the boundary wall?

rocjohn

Planning permission was granted and it appears to be a two story with windows of the new build facing the boundary wall.

rocjohn

https://www.boards.ie/discussion/comment/120544092#Comment_120544092

Yes it appears that windows of the proposed new build are facing the boundary wall.

FishOnABike

https://www.boards.ie/discussion/comment/120544250#Comment_120544250

This is from fingal council guideline document

There are also rules about the required distances

between windows in extensions, the facing boundary of

the adjoining property and the use of the roof of the

extension. These are;

 any windows proposed at ground floor level as part

of an extension should not be less than 1 metre

from the boundary they face;

 any windows proposed at above ground level should

be not less than 11 metres from the boundary they

face;

https://www.fingal.ie/sites/default/files/2019-10/doing_work_around_the_house_new_doc.pdf

There are probably similar rules / guidelines for other areas. A work colleague of mine in another area of the country had to change plans for side windows in the house he was having built because they would have been too close to their neighour's boundary / house.

GerardKeating

https://www.boards.ie/discussion/comment/120544239#Comment_120544239

https://www.boards.ie/discussion/comment/120544250#Comment_120544250

Does what they are building exactly allign with the permission granted ?

If they have deviated from the permission, they you have "something" you can action...

FishOnABike

https://www.boards.ie/discussion/comment/120544239#Comment_120544239

When was planning permission granted? Has building started / what stage is it at? Are there any regulations re. distance of building from boundary / distance of ground or above ground level windows from boundary / neighbouring house?

Depending on the above (and possibly more) it may be worth getting professional advice on whether there is any grounds (or point) in appealing the grant of planning permission to An Bord Pleanála.

FJMC

There is not a legally prescribed minimum distance to boundaries as such - some development will be built right on the boundary line.

However, there is various planning guidance on interface distances between opposite windows, protection of amenity, privacy, etc. and recommended minimum sizes for gardens. Each development proposal would have to be considered on its own merits and it is difficult to provide meaningful comments without being informed on specific situations.

At face value, you should not have windows so close to a boundary overlooking a private garden area - but there will be exceptions to this - whether the windows are obscured, non-opening, overlooking a front garden rather than a rear garden, significant changes in level between properties, screening proposals included to overlooking windows, heights of boundary walls, etc.

F

rocjohn

https://www.boards.ie/discussion/comment/120546879#Comment_120546879

Planning permission was granted . The Foundations are about to be laid.

What is the process for lodging an objection? Is it with the local county council or through the courts?

rocjohn

https://www.boards.ie/discussion/comment/120549993#Comment_120549993

Its difficult to ascertain from the planning permission site plans whether the windows are obscured ,non-opening ,but they certainly appear to overlook the garden as the new build will be ectremely close to the boundary wall.

Would the correct first step be to lodge an objection with the county council which gave the planning permission or is it a fait a complis in your opinion. The quoted guidelines in a previous response above stated any windows proposed at above ground level should

be not less than 11 metres from the boundary they

face.

FishOnABike

I'd suggest getting professional planning and legal advice to see what your options are. The sooner the better.

The best time to have rasied any objections would have been at the original application stage. As time passes there are fewer and fewer options until there are none.

FJMC

Sounds like you may be out of time for planning objections - they have to be raised within certain time period constraints.

The 11m and 1m distances referred to above are in relation to exempted development extensions - i.e. when you can have an extension to an existing house without any requirement for planning permission provided the extension complies with certain criteria - floor area, height, window distances, etc. I think the poster was only giving those as an example of guidance - although in this case the local authority would have had to assess the proposals and consider such things as window interface distances, overlooking, privacy, etc.

If you look at the planning application online there will likely be a planning report which may give you information on what consideration was given on such matters in this case.

F

Gumbo

https://www.boards.ie/discussion/comment/120552148#Comment_120552148

Too late now unless they are breaching what was granted.

Mellor

https://www.boards.ie/discussion/comment/120544453#Comment_120544453

That does not apply to planning permission.

muffler

https://www.boards.ie/discussion/comment/120649092#Comment_120649092

It does actually as planning applications are assessed on the same criteria.

Mellor

https://www.boards.ie/discussion/comment/120649422#Comment_120649422

I don't believe that is accurate. At least not as a widespread hard rule.

Obviously the underlying principle that prompted the requirement in order to be exempt still exists. And overlooking is still a consideration. But it's not a case of you can only meet the exempt requirements, otherwise no permissions that exceed that would be approved ever, which is clearly not the case.

In short, the council linked was Fingal, and the fact sheet was specifically about exempt development. I guarantee that there are many many developments in Fingal (and other urban areas) that exceed those limits. I mean, the OP's case is one for a start.