Roof garden on extension in terraced house

chrisfil · 15-05-2019 11:18pm #1

I came today to discover the neighbours turning their single story flat roof into a garden.

I live mid-terrace with a 1 story extension at the back like my neighbours.

Their extension is the full length of the yard and most of the width with a 1m x 2m outdoor area

On the far side and back of the roof they are erecting full height wooden fences that obscure what light we had and cast a shadow that is making it dark inside.

Is this allowed?

They craftily went on holiday and are getting it done while away to avoid any conversation!!

Glass fused light · 15-05-2019 11:27pm

Looks like you can contact your local council's planning enforcement team and put a damper on the holiday and the build
http://www.dublincity.ie/main-menu-services-planning/frequently-asked-questions-planning#Can%20I%20build%20a%20balcony%20/%20roof%20garden%20on%20my%20extension%20without%20permission?

Can I build a balcony / roof garden on my extension without permission?
No - specifically excluded from exemption by Part 1, Schedule 2, Column 2, Condition 7.

(Page 156).

Top of page

Gumbo · 16-05-2019 8:55am

chrisfil wrote: »

I came today to discover the neighbours turning their single story flat roof into a garden.

I live mid-terrace with a 1 story extension at the back like my neighbours.

Their extension is the full length of the yard and most of the width with a 1m x 2m outdoor area

On the far side and back of the roof they are erecting full height wooden fences that obscure what light we had and cast a shadow that is making it dark inside.

Is this allowed?

They craftily went on holiday and are getting it done while away to avoid any conversation!!

planningenforcement@dublincity.ie if in Dublin City area.

chrisfil · 16-05-2019 7:02pm

many thanks!

I did that and they are investigating.

The roof garden is now being expanded with a high fence on the flat roof all along our boundary blocking out every bit of light. :-(

woohoo!!! · 16-05-2019 9:42pm

Presumably they're putting up the fencing for privacy which also deals with overlooking? Which would be a common refusal reason in a planning application. There is then the issue of undue overshadowing. No one is entitled to 100% of light but they are entitled to some. An analysis of this would provide the answer, so if there is a planning application this is a line of objection. Also the issue of design out of place and undesirable precedent for further such development along the street.

chrisfil · 18-05-2019 9:18am

Thanks for the replies.

After a chat with the builder, what would have been 7ft fences all along the edges have now become about 5 foot with big gaps between each row to let in light.

However, it now has the issue of overlooking. Standing on it they look down in each direction into neighbors kitchens or across into bedroom windows.

If it was an extension there would be rules about where windows could be, how far the boundary of it is from the neighbour etc... but with this all of those issues still occur...

I want to be reasonable and flexible, but at the end of the there’s a planning system to ensure things get built properly and don’t infringe on others - it’s good for both parties.

Im meeting them this weekend as they are back from their holidays. Should I negotiate a better solution or let it take its course through planning?

Gumbo · 18-05-2019 10:11am

chrisfil wrote: »

Thanks for the replies.

After a chat with the builder, what would have been 7ft fences all along the edges have now become about 5 foot with big gaps between each row to let in light.

However, it now has the issue of overlooking. Standing on it they look down in each direction into neighbors kitchens or across into bedroom windows.

If it was an extension there would be rules about where windows could be, how far the boundary of it is from the neighbour etc... but with this all of those issues still occur...

I want to be reasonable and flexible, but at the end of the there’s a planning system to ensure things get built properly and don’t infringe on others - it’s good for both parties.

Im meeting them this weekend as they are back from their holidays. Should I negotiate a better solution or let it take its course through planning?

Ignore planning rules on placement on windows etc
The council are very strict in this matter, they will
Not grant permission for a roof garden in Dublin.

bilbot79 · 24-12-2020 11:35am

Did this roof terrace get built on the end?

chrisfil · 24-12-2020 11:43am

bilbot79 wrote: »

Did this roof terrace get built on the end?

No it didn't in the end. I met the owner when he returned from his holidays and he hadn't thought about the impact it was going to have. He did show me around his house to show how little light they have due to the position of their own single story extension. I do understand why they would want more outdoor space and think they may have purchased the house assuming they could build this. It would have been at the expense of our most of our light and privacy unfortunately.

As they were away while it was being built, I had already contacted the planning department. They visited to tell them it could not go ahead so it was totally dismantled. It all happened in a couple of weeks - the planning department were very efficient

bilbot79 · 24-12-2020 12:13pm

chrisfil wrote: »

No it didn't in the end. I met the owner when he returned from his holidays and he hadn't thought about the impact it was going to have. He did show me around his house to show how little light they have due to the position of their own single story extension. I do understand why they would want more outdoor space and think they may have purchased the house assuming they could build this. It would have been at the expense of our most of our light and privacy unfortunately.

As they were away while it was being built, I had already contacted the planning department. They visited to tell them it could not go ahead so it was totally dismantled. It all happened in a couple of weeks - the planning department were very efficient

It's fair enough. I can't understand why they would talk to you first about it.

I'm thinking about a certain detached house that is fairly private and the whole roof could be a terrace so would be different situation. I don't think anyones light would be blocked and I wouldn't want anyone to be able to overlook it anyway

Roof garden on extension in terraced house

Comments