Right to Light?

Chambret

Hi everyone,

Just wondering does anybody have any knowledge or advice on how the laws and regulations are around "Right to Light" easements. Or could perhaps recommend a solicitor in the west that has experience defending these types of issues?

A mixed development of houses and apartments was approved next to my house (next field over) by An Bord Pleanála as a Strategic Housing Development back in 2019 and commenced in January 2023. I was away at the time and so didn't get a chance to make a submission or objection. Looking through all the correspondence online I can see that some neighbours submitted an objection related to noise and height of some of the proposed houses but these were largely glossed over in the Construction Environmental Management Plan(CEMP) by including fairly loose mitigation measures for noise.

I now see, upon recent inspection of the site drawings, that the final phase of the construction involves building a 12.6m high 4-storey apartment block within 30m of my home, that has balconies and windows overlooking my house and garden, and will cast a substantial shadow onto my house in the winter evenings. There's also a car park and a bin and bike store just over the garden wall in the plans, just for good measure. So, all in all, a bit of a nightmare.

I'm thinking that my best way to try and fight this might be under a Right to Light approach.

Any ideas / advice?

Thanks.

C3PO

I could be corrected but I don’t think you have any come back if the planning process has already been completed and approval granted.

Mellor

https://www.boards.ie/discussion/2058343092/right-to-light

There no legal right to light in planning law. It’s a civil matter if there was an infringement.

How long were you away for that you couldn’t object? What direction from your house is it? (North, south etc)

The house is 30m away, and 12m high. It’s not going to obstruct much of your light, if any.