New Estate to overlook rear garden

mp3ireland2

Hi,

We bought a house about 18 months ago, a quiet cul-de-sac with about 7 bungalows built in 80's. There was a hedge as high as telegraph pole to our rear but we cut it down to about 2.5m to allow more light into the garden.

Now there's planning persimmon submitted for an estate to our rear. 6 houses (10 Windows) will overlook our garden as they are two story. We are going to object as it's loss of privacy. The windows are about 10m from the boundary wall (1.8m ... To be built with estate).

Any tips for what to put on the letter? I'm not having much luck finding the Wexford planning regs to quote and find details. As we bought a second hand house one no familiarity with planning permission.

Ours is house on bottom right. Any thoughts or opinions appreciated. Single storey houses would be fine. In people's experience is there any hope of getting things changed?

sydthebeat

i think you have decent grounds for an objection.

if the style of teh dwelling that these new houses back onto is predominantly single storey,then they really should be single storey as well, or be designed so that no first floor windows over look the rear of the single storey.

had your house been two storey, it would be a different situation.

Doop

Your best bet is to higher a planner / Building Surveyor / architect to make the objection on your behalf. The benefit of utilising a professional who knows the planning laws is they will object based on relevant, applicable grounds.

For example ...There is no point in objecting due to the loss of a view when there is no right to a view in the first instance.

gipi

For information, a multistorey apartment block that will overlook an estate of bungalows has been granted permission in Drogheda, despite objections from local councillors.

https://droghedalife.com/news/permission-granted-for-controversial-high-rise-development-at-georges-street

mp3ireland2

https://www.boards.ie/discussion/comment/120808309#Comment_120808309

Thanks I actually didn't see these replies until now. We got an objection in, a we didn't notice the planning in time to wait, we could still get a professional for the appeal stage I'm guessing? Is there a benefit to getting assistance at this stage now that objection gone in? Any idea what sort of cost would it be, a few hundred?

mp3ireland2

https://www.boards.ie/discussion/comment/120808251#Comment_120808251

Yeah it's all single story they back onto.

I also think if we let hedges grow up the height that will give us privacy it'll reduce the sun light into the new neighbors garden. So in a few years time it'll lead to tension with them, through no fault of theirs but due to the design.

Mellor

You would need to look up the local development plan and see what the permitted distance to rear boundaries is. Exempt development is limited to 11 metres, and many LDPs are similar. But that's not a hard law.

Impact on your privacy will be considered. But it's not possible to block any development. If they stick to the limits, they should be able to build something.

The biggest thing that jumps out to me was the hedges. They are noted on the plans as mature hedges to remain. Which shows some consideration of privacy. But you've cut them down. Which raises the question whether they were you property. If they were property of the adjacent land owner, it harms you claim about privacy as the impacted your own privacy by essentially trespassing on theirs.

mp3ireland2

https://www.boards.ie/discussion/comment/120809201#Comment_120809201

Thanks, yeah i understand the estate is needed as people need somewhere to live. Yeah it's just having the windows looking into our garden that's annoying. I do fear that they will have done their homework and are complying with all the laws. The hedges were cut in February about 4 months before the planning permission was lodged.

As suggested by somebody above I've now engaged with a planner to see what a ballpark cost would be, or if they can do anything now that we've already objected, maybe we can't object twice!

Yeah the hedge is quite thick and hard to tell from our folio where exactly it lies as the hedge isn't shown. Also confusing how the boundary wall goes through the middle of it! (highlighted section is a lane which is on our land but has right of way for others). WE had to get some of the hedge cut through the ESB for safety reasons as it was getting close to the electrical lines.

Also in our defence it was just a field with scrap metal and broken fridges and other rubbish that we'd never seen anybody in so never thought to check about cutting hedge! Didn't see this coming...thought i might but this old unused field someday and plant some vegetables in it :-D a bit naïve!

Thanks for taking the time to give your thoughts.

Mellor

I do fear that they will have done their homework and are complying with all the laws.

@mp3ireland2 I wouldn't assume that is the case. There are no explicit laws on these matters. There are guidelines and interpretation. The developer will always push their interpretation. It is up to the council to pull them back in. I referenced the development pan above and 11m distance. I've looked it up and as suspected, this is the case in Wexford.

The siting, layout and design should also ensure that the development does not give rise to undue overlooking of properties in the vicinity, in particular, residential properties such as private residences, nursing/retirement/residential care homes, schools and childcare facilities. In general, a minimum distance of 22m between opposing above ground floor windows will be required for habitable rooms. In cases where an innovative design solution is proposed, this standard may be relaxed.

22m is spilt 11m each side, to protect your equitable right to right to future development. From the dimension on the drawing, they house should be moved back 1m (how to solve that is up to the designer, but I can see a way). At the very least that is the start of an objection letter.

The very hard to ascertain boundaries from folio maps. But If I was reading the site plans as face value. The rear boundary wall is on the boundary. And the hedges are outside of the boundary (evidenced by the trunks as drawn). Which would mean that they can trim back to horizontally to the boundary to build the wall, but that is it. So, you could also add to the objection that the "existing mature hedging" is not within their control to utilise as privacy screening as part of the development, and was cut back prior to the application being lodged for unrelated reasons (increasing private sunlight). State that since moving in it your intention to maintain a well pruned hedgerow.

It's my no means a slam dunk, but it is very solid starting point imo. That would be the basis of my letter if you were my client.

Mellor

https://www.boards.ie/discussion/comment/120808354#Comment_120808354

The actual plans tell a bit of a different story than the article. It makes out like there is a massive high-rise right beside their gardens. The part adjacent the existing estate is only two storey. It is ~6-7m from the boundary, which is close, but the rooms on this side are non habitable spaces without windows. This is literally the kind of design consideration that prevents overlooking. The multi story part is on the opposite side of the site 50-60m away from the existing estate.

It's on the corner of a main street junction. I think calling a 7 story building (once of which is below the level of the estate) a high rise is a bit much in 2023. It's not without issues, parking being an obvious one. But the overlooking as been considered to a degree.