query on standalone new building occupying 90% garden

BK1975

Hello

My neighbour is building what i can see is a separate unit (not attached/extension to existing semi d) in their back garden.

I have not discussed nor do i know if planning has been sought for what they are building. I have read in the SDCC leaflet

'any extension does not reduce the area of private open space to the rear of the house reserved for the occupants of the house, to less than 25 square metres. '

Clearly 90% of their available garden now is occupied by this construction. Am i right in thinking that possibly they are in breach of planning here and also as i say its not an extension that i can see.

I will contact SDCC also to check this out

Thanks

Gumbo

https://www.boards.ie/discussion/2058301556/query-on-standalone-new-building-occupying-90-garden

If it’s standalone, then it’s not an extension. It sounds like a garden room, shed etc

they can be 25 Sq. M in area once they keep 25 Sq. M of rear garden remaining.

are you 100% there’s no planning for it?

Padre_Pio

SDCC might have an online planning map you can check.

BK1975

https://www.boards.ie/discussion/comment/120737271#Comment_120737271

thanks there is literally no garden left, i have pics but not sure of putting them up here. so immediately i am thinking there is a problem here. i will check SDCC for planning but i had not seen any notice at the house.

BK1975

https://www.boards.ie/discussion/comment/120737314#Comment_120737314

thanks I checked now and nothing there on the search by map

muffler

The online map search should throw up any application made but personally I would visit the planning dept in person and ask the staff there to search for applications. It's a free service.

BK1975

https://www.boards.ie/discussion/comment/120737909#Comment_120737909

i will try and ring them today to get clarity on the garden space thing. there is less that 10% of the original garden left when this new construction on it

Gumbo

https://www.boards.ie/discussion/comment/120737942#Comment_120737942

Clarity - 25 Sq. M.

Don’t waste a trip to find that out.

If you have a problem with it, report it to their planning enforcement section. They will then do all the investigation.

BK1975

https://www.boards.ie/discussion/comment/120737981#Comment_120737981

Thanks I certainly did write an email to the enforcement mailbox last night with the pics and address. I know our gardens are approx 5m wide and about 8 to 9m to back wall

BK1975

That’s the view from one of my back bedrooms

Gumbo

https://www.boards.ie/discussion/comment/120737994#Comment_120737994

100% needs planning. And I can be certain that would be conditioned to be made significantly smaller!

Im all on for live and met live but that’s a monstrous lump of structure to be moving beside.

If you sent those pics to Plan Enf, then there’s nothing more for you to do. They will investigate, they will not use your name or photos in their investigation.

BK1975

https://www.boards.ie/discussion/comment/120738001#Comment_120738001

Thank you, I will let the planning office do their thing now. The roof isn’t even on yet. I had asked one of the workers how high is this intending to go and he basically told me it’s none of my business. The owner has yet to even drop in to talk. So I will keep my mouth shut now. And see where this goes

Gumbo

https://www.boards.ie/discussion/comment/120738051#Comment_120738051

Hopefully you get a decent outcome.

Furze99

https://www.boards.ie/discussion/comment/120737994#Comment_120737994

!!!!!!!!!! That is really taking the proverbial piss, some people have no regard at all for any regulation. Whatever about the owner, the builders must surely know they are taking a big risk as they may never get paid. Maybe they're not of this country and haven't a clue about what is permitted.

BK1975

https://www.boards.ie/discussion/comment/120738438#Comment_120738438

there is no contractor, just labour lads...i dont think i need to say anymore.

Alun

That really is taking the pi$$. If it was me I wouldn't be relying on the email being seen, I'd be either ringing the planning enforcement department or going there in person with photos and everything before works get too advanced.

BK1975

https://www.boards.ie/discussion/comment/120738795#Comment_120738795

thanks I tried to ring the planning office was on hold for 1 hr. will try again this afternoon and see if i will go to the offices tomorrow instead

sydthebeat

how are they going to render those block walls?

whomadewho

https://www.boards.ie/discussion/comment/120737994#Comment_120737994

There is definitely not planning for what your neighbors is building

BK1975

https://www.boards.ie/discussion/comment/120738864#Comment_120738864

haha ya hadnt thought of that actually, very true

Doop

What local authority area are you in?

You need to submit a: COMPLAINT FORM REGARDING ALLEGED UNAUTHORISED DEVELOPMENT

They are the same for each LA just the headed paper is different, google the form for your LA and be sure send it in (which you can do online). I dont know if sending in 'loose' emails will elicit the same response. With the correct form it has to be logged and investigated.

DownByTheGarden

https://www.boards.ie/discussion/comment/120738849#Comment_120738849

They dont really care at all unless its in the papers. Nothing will become of your complaint. Lazy shower just looking to dodge work.

BK1975

https://www.boards.ie/discussion/comment/120738980#Comment_120738980

I am in SDCC, so i will go to the tallaght offices first thing in the morning with my photos etc and lodge a formal complaint.

10-10-20

https://www.boards.ie/discussion/comment/120739390#Comment_120739390

Hi, that's actually crazy big!

You did search here I presume?

https://www.sdcc.ie/en/services/planning/planning-applications/search-and-view/

https://sdublincoco.maps.arcgis.com/apps/webappviewer/index.html?id=004b5a1a557a4c1a91b4629923f9d4b7

CreadanLady

You should of course complaint, and the council maintain confidentiality in investigating cases - they don't tell the crowd under investigation who made the complaint. But just be aware that the neighbour is obviously going know it was you since you were having words with his builders.

BK1975

https://www.boards.ie/discussion/comment/120739480#Comment_120739480

yup i searched this morning no planning appl for that address

Seth Brundle

https://www.boards.ie/discussion/comment/120739675#Comment_120739675

But just be aware that the neighbour is obviously going know it was you since you were having words with his builders.

I wouldn't worry - the neighbour obviously doesn't give a crap about the OP!

nachouser

There's brazen and then there's that f"cking thing. Unreal.

Gumbo

https://www.boards.ie/discussion/comment/120738795#Comment_120738795

All irrelevant. The complaint has to be in writing and I can assure you the emails are monitored. They have to be.

BK1975

so there is a beautiful corrugated roof on now and just this morning the internal wall insulation arrived on a flat bed. they are breakrules all over the place. 10am i will be attend the planning enforcement office in Tallaght. Looking forward to it.

so to me the 'Granny Flat' is breaking

reduced the back garden < 25 sq meters

Stand Alone Dwelling > 25 sq meters (needs to be measured correctly)

The roof does not match the tiles on the house

the walls will not be able to be rendered like existing house etc

Thargor

Just posting in order to bookmark the thread seeing as the icon seems to have disappeared...

Please keep us updated OP!

BK1975

https://www.boards.ie/discussion/comment/120752601#Comment_120752601

will do i dont want to post anymore pics of it but think of a large garden shed that is being fitted for human habitation

10-10-20

https://www.boards.ie/discussion/comment/120752545#Comment_120752545

Where's the lovely corrugated roof shedding the water into and will a gutter overhang onto your property?

BK1975

https://www.boards.ie/discussion/comment/120752619#Comment_120752619

yes good point, anyways back from the planning team in Tallaght...they are good to go with what i have sent and till start proceedings with a letter followed by an onsite visit thereafter...

CreadanLady

Just make sure that you have your own planning and other affairs all in order and above board. Often a neighbour who is complained will make a vexatious countercomplaint about the neighbour they suspect of complaining them, about something of their affairs that is not up to scratch.

BK1975

https://www.boards.ie/discussion/comment/120755756#Comment_120755756

thank you, yes the house i moved in last oct and all was in order with regards to the house etc from my solicitors point of view.

Mellor

https://www.boards.ie/discussion/comment/120752545#Comment_120752545

FYI, those criteria only apply to exempt development. As it is clearly not exempt, it is simply 100% unauthorised. There is no partial compliance or authorisation.

It's about 21.5sqm area, and cover's about 27sqm. Leaving c.13sqm of open space. They are probably intending that is is a "shed/garage" classification.

Dohnjoe

Just posting here to bookmark as I'm also interested in the outcome of this

10-10-20

https://www.boards.ie/discussion/comment/120779159#Comment_120779159

That's what this little flag thing is for:

Inforapenny

Any update OP?

BK1975

Back for an Update,

Neighbour received notice from the Planning office at Tallaght July 14th. All works stopped..they have till Aug 14th to respond to the Planning office.

A site inspection was to take place however i have no idea if it did or not.

Last week i got an email from the Planning office that this build was 'exempt' development following a site inspection. I will be following up with the Planning office but would someone be able to shed some light no their interpretation and also the extract from the Planning leaflets on extensions as i am confused (mainly on the reducing of the open space to less than 25 sq meters - see last bullet on the screenshot below).

I refer to previous correspondence regarding the above location.

Following an inspection carried out by the Planning Authority it was found that the structure is exempt development as per Class 1 and the combined open space of 25.51 meets the requirements as prescribed in the Planning and Development Act.                                                  .

Accordingly, I am to advise that there is no further action warranted in the matter and the file has been closed.

Thanks if someones can advise

muffler

Have a look at the regs regarding exempted development specifically extensions to houses - LINK

Gumbo

https://www.boards.ie/discussion/comment/121302690#Comment_121302690

Are the planning office confirming that there is 25 sq. m of open space remaining?

muffler

https://www.boards.ie/discussion/comment/121303262#Comment_121303262

25.51 m2 of open space remaining apparently as indicated in the post above.

Gumbo

https://www.boards.ie/discussion/comment/121303331#Comment_121303331

So all above board then.

BK1975

https://www.boards.ie/discussion/comment/121303375#Comment_121303375

you sure its all above board...see this pic...where is the 25sq meters of open space left. The Width of their garden is the GREY fence on the left of the pic..so the end space is no more than a meter or 2 and my garden is identical so its about 5m wide. at best they have 10sq meters at a push...something doesnt smell right with this.

BK1975

https://www.boards.ie/discussion/comment/121303331#Comment_121303331

Nope, not what i can see...thinking no inspection took place

Are you including the side passage?

BK1975

https://www.boards.ie/discussion/comment/121304439#Comment_121304439

No Side Passage exists

BK1975

We are joined together and thus would be considered Mid Terrace (in a row of 5 houses)

Gumbo

https://www.boards.ie/discussion/comment/121304403#Comment_121304403

I said it from the start, months ago in my first response to you that I think you’re correct and this needs planning.

But based on the photos you have provided, the roof over hang may be confusing you a bit as the space underneath it is open space.

Look at this measurement from your initial picture compared to your latest picture which explains more detail.

That width there could be 3.5m (give or take), multiply it by the 5m depth and then add on the additional space in the lower left corner of the photo and the wall way around it.

I now think they may be just within their limits.