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Heading for an bord pleanala

  • 18-10-2023 6:33pm
    #1
    noddinghappily
    Registered Users, Registered Users 2 Posts: 1 ✭


    Hi All ,

    I purchased my family home , 3 storey town house with a yard , shed and garden. The garden faces into our Town green area , town park. From street to end of garden is roughly 70 metres.

    The end of terrace house next to us has the entrance to the Town Park parallel to its yard and garden.

    The entrance is a single lane 90% pedestrianised about 70m long to the town park.

    The end of terrace house was purchased by a VHA and confirmed to residents that they were planning on putting a few bungalows in the garden for the elderly and disabled. No problem with this as it felt like a small Town project to help those in need. The vha enter plans to the council for a 3 storey apartment block along the back garden. After 60 local submissions ranging for overshadowing to size and scale the planning authorities still granted it. We have now hired a planning consultant and unfortunately are on the road to an bord pleanala. What kills me here is that this size and scale of a development will complete take all my natural light from ground to 2nd storey windows. Garden and yard are over shadowed. Privacy will be lost garden with 2 storey dwellings able to view kids in garden from 12 meters away. I want to ask is how fair is an bord pleanala when it comes all this.

    The 3 storey development is starting 3 meters from our sitting room window taking all light. Bedroom is above this with the same issue, development will be sitting 2 meters from our boundary wall all the way along yard and garden.

    I understand council planners do not have to take overshadowing into a big account but do an bord pleanala take a better, more understanding view ?

    7 car parking spaces for roughly 40 people and no green area of their own as council agreed they are beside town park and so size and scale is OK.

    Thanks, any help at this stage is appreciated



Comments

  • #2
    Mellor
    Registered Users, Registered Users 2 Posts: 40,064 ✭✭✭✭Mellor


    You don't have an inherent right to light. If you bought relatively recently, it's even harder to make a case for existing enjoyment. You do a right to privacy.

    The development starting 3m from your living room and bedroom sounds like it is not compliant with most development plans. If it is 2m from your boundary, then it sounds like you windows are 1m from the boundary, in which case your own property is non-compliant. You can't use your own non-compliance to impact others. They would only need to set back half the require distance, plus your set back. Which would still be a lot more than 3m



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