Next door building pergola right up against our fence

shnaek

Our neighbour is putting up a pergola running 1 meter above our fence and blocking off sunlight to our patio as well as raised decking which means they look into our garden - is this allowable in Ireland? I can't look out my kitchen window or patio doors any more without seeing them.

rob w

Did they apply for planning?

I doubt it, so for it to be exempt, I think it needs to be less than 3m high and less than 25m2 in area. Look up planning rules on your local council website.

As far as it being on your boundary, as long as it doesn't cross it they can build up to the boundary.

But it might be good to have a word with the neighbours about your concerns and see if you can agree something to protect your privacy?

shnaek

https://www.boards.ie/discussion/comment/122425529#Comment_122425529

Thanks Rob, that's great. They didn't apply for planning. They are very nice people so I don't want to cause any hassle with them but it is affecting our enjoyment of our own back garden. And I know we don't get much sun in Ireland but we used to enjoy sitting out in whatever sun we managed to get!

Stanford

There is no "right to light" in Irish law but you should have a word if you feel the structure might intrude on your right to privacy to which you are entitled. I'm not sure from your post whether the structure is already in place or yet to be constructed?

Ire24

Is the pergola closed wall on your side or open

Ire24

If its a open pergola no windows it doesnt require planning as it is not seen as a permanent structure as long as its not been built or hanging over the side of your boundary. If it is closed with windows and doors it will require planning these usually are made from.alluminium . Wooden pergolas arnt really seen as permanent structures as they can be cut down same applies with the decking can be removed.By the sound of what your saying it is a wooden pergola it wont require planning. But if it invading your privacy and there is no closed wall. I would just suggest to them to close off 1 side.

Mellor

https://www.boards.ie/discussion/comment/122505098#Comment_122505098

That is all incorrect. Literally all of it.

A pergola with open sides is subject to the same requirements a structure with enclosed sides.

There is nothing in planning law that grants exemption for wooden structures for being temporary. (or else everyone would just build wooden houses).

Even if the structure was considered temporary, there are still planning requirements for temporary structures.

shnaek

Thanks for that.

We're still over and back with them about it, and everything is very cordial but it has definitely changed our relationship. It's a large pergola, right up to our fence, so much so that when they painted it some of the paint dripped onto our garden furniture. It's a very long pergola too. They're planning to raise the fence between us to try to restore some privacy from the raised decking. They're nice people so we're probably not going to do anything more about it, but it's taken some of the joy of being in a new house.

Thanks for all your advice.

shnaek

It's open

https://www.boards.ie/discussion/comment/122447525#Comment_122447525

shnaek

https://www.boards.ie/discussion/comment/122425571#Comment_122425571

It's constructed.

Lumen

First question: does raising of the effective ground level on one side allow a higher exempted fence?

e.g. 2m fence, same level both sides, planning exempted. One side raises the ground level by 1m, does that mean you can raise the fence by 1m? If so, does it matter which side the raising it on, or whether it's on the boundary?

Second question: if OP were to respond by equalising the effective ground level, would that allow a higher fence?

I realise "effective ground level" is not terminology which exists in planning law.

Lumen

Third question: what's the difference between a fence with a max exempted height of 2m and another type of structure with a max exempted height of 3m (with flat roof).

I think I've suggested previously that a theoretical planning hack is to build a very, very thin 3m tall flat roofed shed along the entire boundary, or even a 4m one with a tiled or slated pitched roof.

Doesn't help with the sunlight problem though!

Calahonda52

https://www.boards.ie/discussion/comment/122524515#Comment_122524515

Re the lift, no is the answer.

In 1980s I built a garden shed at the end of the garden, that complied and the folk at the back, who owned that well known hardware store in drumDun, got a digger and dropped their garden by .5 m along back wall.

Planners made me reduce the wall, garden got reinstated

so to answer the question, its the lower of the two heights

sydthebeat

https://www.boards.ie/discussion/comment/122524515#Comment_122524515

no. its a common acceptance that when levels are measured on a boundary, the longest measurement is taken as the applicable measurement.

the way around this is to keep the structure away from the boundary ie say 600mm

sydthebeat

the 2.0m restriction is for a boundary wall / fence

the 3.0m restriction is for a tent, awning, shade or other object, greenhouse, garage, store, shed or other similar structure constructed within the curtilage of a dwelling

I have seen sheds etc constructed on a boundary wall with a 3.0m eaves be determined NOT to be exempt as they are not built within the curtilage but rather on the boundary edge.

brokenbad

OP - a photo of said pergola might be helpful to provide context.

mulbot

https://www.boards.ie/discussion/comment/122524515#Comment_122524515

The ground height is taken from recorded finished floor levels of the house . Been through something of a similar issue before, so no, raising the ground level of the garden doesn't allow for raising the fence height

Lumen

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