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How to imposes conditions during a planning submission/observation

  • 12-03-2023 2:32pm
    Registered Users Posts: 70 ✭✭

    On behalf of a friend.

    Friends house is a 60 sqm semi-d bungalow. The neighbour (other half of the semi-d) is planning a dormer and a single story extension which will double the size of the house. Although a first for the estate, I've seen these around so don't suppose there's grounds for an objection. My friend would prefer no dormer overlooking what has been a private garden up to now, but supposes they'll have to live with it

    The planning shows the neighbour demolishing the existing party garden wall and building a new solid block wall on the party line - as part of their new extension. I imagine my friend has some say in this, not least because the new wall is a foot thick rather than 4" solid. Friend will therefore lose some garden width and have neighbours foundations intrude a foot and a half over the party line.

    1. Can you object to having any of the neighbours construction over the party line? (Rather than lodge an objection on this ground, it would be used as leverage for the following..)

    1. My friend has the following interests/concerns/requirements:
    • The chimney, which spans the party line, will end up being below the new, heightened roof line and so will suffer downdraughts. I imagine that this is an oversight. I want the neighbour to undertake to extend the chimney and have architect sign off that the chimney is correctly constructed, both structurally and functionally
    • That the new extension wall, as it faces onto my friends garden, shall on wall be rendered and painted when finished and my friends garden patio slabs reinstated
    • That an 8ft hoarding be erected following demolition of the current garden wall and left there until the new extension wall is built.

    How best to achieve this?

    Can I request that the planners insert the above requirements as a condition for granting permission?

    Or do I object to the party related works, but approach the neighbour with the above, granting permission for the party works only on receipt of written agreement to carry out the above. The planning application says they have outline permission from my friend for the party works but they haven't gotten that.


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,675 Mod ✭✭✭✭DOCARCH

    There is no mechanism for you to request planners insert specific conditions into a planning permission.

    You would have to make an 'observation' on the planning application outlining concerns and asking local authority to condition accordingly as they see fit.

    If an 'observation' is made, planning permission granted, and conditions not included as you like (some may well not be, as all you have outlined above is not strictly planning related), then, for 4 weeks after planning permission is granted, you are in a much stronger position to approach the neighbours and make an agreement (as you then have the chance to appeal the decision to An Bord Pleanala for 4 week after planning permission is granted).

    By the way, the neighbour, even if granted planning permission, has no right to demolish the party/garden wall an build up their extension in it's place. Even if granted planning permission, that has to be agreed between the two parties.

  • Registered Users Posts: 70 ✭✭Auntie

    Thanks Docarch, I'll bear in mind the party wall comment. I'd read the statute and thought it was allowed, if permission was granted. But then again I'm not a lawyer and understand you've a bit of experience in this field!

  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 17,675 Mod ✭✭✭✭DOCARCH

    Here's a copy and paste from a planning decision:

    2. A person shall not be entitled solely by reason of a grant of Planning Permission to carry out any development.

    3. A grant of Planning Permission does not entitle a person to construct a development that would oversail, overhang or otherwise physically impinge upon an adjoining property without the permission of the adjoining property owner. 

    The above are pretty much standard to all planning permissions, so just because somebody has planning permission for something, it does not automatically give them the right to build it!

    A party wall is in theory an adjoining property (as both parties own the entire wall).