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Neighbouring site

  • 17-12-2021 11:06pm
    Registered Users Posts: 19 highspeed

    A neighbour sold a site 20 years ago adjoining my land - no problem with that or with the couple who bought the site and built there. They are now in the process of selling and moving back to one of their parents houses.

    They have had to apply for retention planning.

    1 of the issues of the retention is that it is blind exiting the site at my side - they rang me and asked would it be OK if their engineer contacted me. The engineer explained about the exit he had asked that I remove a tree on my roadside ditch and lower the ditch by 4 inches(50 metres) to improve view.

    I asked why this was not an issue 20 years ago when planning was granted and he said it was a condition of planning back then, but was never followed up on.

    Part of me feels like saying tough not my problem, part of me feels like asking to be compensated by the couple if I remove tree & lower the ditch. They are hoping to get 500k for their house

    I feel its a bit rich that one could apply for planning and the neighbouring landowner would be required to do works in order for them to get full planning. I was never contacted by council when they got planning.

    Any advice on what to do?



  • Registered Users Posts: 10,507 ✭✭✭✭ wrangler

    I'm in the same position here but my neighbour did what was needed to get line of sight for my planning

  • Registered Users Posts: 21,965 ✭✭✭✭ mickdw

    Nowadays all sight line requirements must be met within area you control for obvious reasons. 20 years ago not so much.

    I wouldn't be too eager to engage as a start position.

  • Registered Users Posts: 469 ✭✭ Whatwicklow

    I'd recommend to get that actually marked out, if the sight line was only 4" high then a tight mow would leave it very presentational to a local authority.

    The fact an engineer is taking in inches would tell me that's its a low guesstimate to get you on side

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  • Registered Users Posts: 27,352 ✭✭✭✭ whelan2

    Why are you doing the work?

  • Registered Users Posts: 7,637 ✭✭✭ 893bet

    This seems fair. Agree for it to be done and let them carry the cost. Stay involved in the process or they will end up clearing the whole ditch.

    If the ditch was dropped 12 inches would it need a run of wire to be stock proof?

    Post edited by 893bet on

  • Registered Users Posts: 1,410 ✭✭✭ kerryjack

    Yes didn't realise they expected the OP to carry out the work, you can tell them to work away and cut up tree in to nice sized logs for your stove and a a couple of nice bottles of whiskey when you can sit down and have a hot one beside the stove and watch all your troubles disappear.

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  • Registered Users Posts: 334 ✭✭ 1373

    Drop the hedge next time you’re cutting it , easy . A shame to be cutting down a tree if it’s avoidable. Ask them for money and see how small you’ll feel next time you meet them

  • Registered Users Posts: 494 ✭✭ Speedline

    Hopefully the new owners are reasonable. They may however be right cnuts.

    Its reasonable to ask the neighbours to pay for any alterations having known they were needed for 20 years.

  • Registered Users Posts: 44 Eclectic Dan

    OP I'm in the same position as your neighbour - I've asked the landowner in question and he didn't have a problem, but it goes without saying that we'd be paying for the works and owing him a huge favour if he ever needs similar.

    Can't believe they'd expect you to pay

  • Registered Users Posts: 186 ✭✭ carfinder

    Lowering the hedge should be done as its an easy one and would probably be seen as unreasonable not to. Regarding the tree, it would be perfectly reasonable to say no on that one. Sentimental attachment or simply environmental concerns would be perfectly reasonable

  • Registered Users Posts: 1,934 ✭✭✭ Lime Tree Farm

    You cut it down now based on a planning requirement and the onus will be on you to maintain it at that height from here on out.

  • Moderators, Society & Culture Moderators Posts: 12,250 Mod ✭✭✭✭ blue5000

    Seems the fairest solution to me anyway, I can't see why OP should be out of pocket.

    Have a wall at a crossroads on my land that used to block the line of sight to a main road. Neighbour with a digger asked me could he take the top of the wall, I let him work away. Ask the engineer if there is an accident going out the gate in future what's the story?

    If the seat's wet, sit on yer hat, a cool head is better than a wet ar5e.

  • Registered Users Posts: 3,456 ✭✭✭ Wildly Boaring

    Personally I'd happily do it.

    But surely they need to do the work. Get the engineer to send on what is proposed in writing / sketch.

    Get them to send on their proposed contractors details with insurance details covering the work involved.

    You're talking about tree felling and excavation (even only 100mm) and traffic management.

    Remember that if anything goes wrong during the works it can come back to bite you. Chainsaw accident, traffic accident, service strike.

  • Registered Users Posts: 1,410 ✭✭✭ kerryjack

    Looks more like its creating some work for engineers and there buddies, 4 inches off the top of a ditch like what difference is that going to make, a lot of snouts in the pie that is the 500 K

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  • Moderators, Society & Culture Moderators Posts: 2,464 Mod ✭✭✭✭ K.G.

    To be fair they should be making you an offer for this type of thing,you shouldn't have to ask for it.this type of thing regularly happens with septic tank percolation areas and such like.

  • Registered Users Posts: 3,456 ✭✭✭ Wildly Boaring

    Without more info I'd say a tree blocking sightlines is the real issue. And likely the 4 inches is actually more plus all vegetation.

    Neighbour has not complied with conditions of planning.

    May not have a cert of compliance. Went to local engineer for one. He comes out for visual inspection and cannot sign. It's a blatent contravention.

    No sale without cert......

  • Registered Users Posts: 960 ✭✭✭ timple23

    I would also be looking for documentation from the County Council with regards to what works are required to comply with planning. And I would clarify who gets to keep the timber from the tree too.

  • Registered Users Posts: 27,352 ✭✭✭✭ whelan2

    We had an issue here with something recently and it was 70m clear view the council wanted

  • Registered Users Posts: 1,318 ✭✭✭ epfff

    What I'm taking from this is

    A nice guy has been giving 2 fingers to planning laws for 20 years but now when he wants to move they finally caught up with him so he wants you to join so he can get last laugh at planning.

    My experience is a neighbour got permission to do small trim and the edjit he got to do it misunderstood him and fully removed. He was very sorry and he gave contactor good public bollicking before thanking him.

    Don't agree to anything if you want to be nice carry out work yourself to help him and make sure you don't break any laws cutting hedge or cutting a mature tree.

  • Registered Users Posts: 6,964 ✭✭✭ funkey_monkey

    What fncking use is lowering a ditch 4 inches? That is a load of balls.

    TBH - I'd probably agree to it - with the caveat that they pay for a contractor of your approval to undertake the work (under your supervision). Don't be away gallivanting when the work is being done. You could pay for the contractor to do it yourself, but would you get recompensed by them - after all they are moving away?

  • Registered Users Posts: 6,964 ✭✭✭ funkey_monkey

    It would be the landowner who gets the timber regardless of who cuts it.

    That's a good point about seeing what the council expects before agreeing. You could find the requirements snowballing after you agreeing to the work.

  • Registered Users Posts: 18,104 ✭✭✭✭ _Brian

    I would agree, use the contractor of your choice with the agreement that they pay the full costs. I wouldn’t look to gain from the work though.

  • Registered Users Posts: 9,921 ✭✭✭ cj maxx

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