1 meter high wall to front of house in estate.

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50thbirthday

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The planning authority gave us permission to build an extension to the rear and side of our house. They inserted a condition to agree the boundary treatments to the side and rear. Nothing specific was mentioned in the condition but it was to be agreed. We started our extension, not fully completed. We then proceeded to build a 1 meter high front boundary wall which is exempted under planning regulations. The planners have asked us to remove the wall. The issue is that the condition did not specifically tell us not to build a wall, other houses in our estate have built similar walls all exempted development. We want to enter into an agreement regarding the condition and the 1 meter high wall but the council won't engage. Why are they making such a big deal about a small wall? Can I appeal a condition to an bord pleanala or do they have the last say? If I seek a section 5 declaration would that help??

Confused
 
You must satisfy the condition on agreeing the boundary treatment. There is no provision in the exempted development regs that allow you to override a condition such as that.
 
Yes, but what if we cannot agree on a suitable boundary treatment. Ie the council don't want a wall, but I need to protect my property from trespass. The front garden is an end site and people can cut across my private property. The wall in question is only 1 meter high. Similar to other such walls in the estate which are exempt.
 
I prefer a wall. Why do I have to agree with a planner, with a subjective opinion. Walls of this size are exempt, they are exempt for a good reason, they are minor works and provide security. The front garden is a corner garden and dogs etc can walk through.
 
Non compliance, but not wrong. Ive been advised to submit a section 5 declaration that a wall of 1 meter would be exempt. Even apply for a section 5 on my neighbours property. What would the same planners opinion be in that case.
 
I'm also going to write to the council to ask for an on site meeting and we can look at the other walls in the estate. The condition does not restrict a wall. It refers to an agreed boundary treatment.
 
Nobody here can advise you properly without the full details.

There may be a reason they specified the condition (as opposed to a subjective opinion - it is unlikely they would go to the trouble of making an issue of this unless there was a context) - this may be due to your location which may be a different context to the others you refer - there may be an objector who has raised issues re your site - there may be a history of this issue in the general area of which they are aware- or there may be none of those things. What did it say on the planning report on file about boundary treatment?

When you say they asked you to remove the wall - what was the context - was it verbally or was it in writing - was it a general letter or was it an enforcement letter following a complaint .

A section 5 is probably a non runner given the condition (see response from Leo). You should get proper advice and take it step by step.
 
Have you asked the Council what they roughly see as acceptable boundary treatment? If so what details did they give you?
 
Leo said:
Then your development remains in non-compliance.


They are only exempt because they do not conflict with a pre-existing planning condition.
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Bluecup said:
Have you asked the Council what they roughly see as acceptable boundary treatment? If so what details did they give you?
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They basically want an open front garden. Which is the nature of the original estate many years ago, 1980s. Time has moved on and some houses have walls and metal fences etc. I'm only caught with this issue as I applied for permission for my extension. I can see what the council want, but on the other hand the walls are 1 meter and low in nature and protect my property, think insurance and do not detract from the row of houses. But I do think this issue has been brought to the council's attention by an objector. The estate is old. I've done a really nice job and I don't see why the council can't agree with a wall, it's not beside a protected structure or a historic building, it's a typical housing estate. If I'm not in compliance what happens??
 
50thbirthday said:
If I'm not in compliance what happens??
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The authority can take enforcement proceedings against you, potentially obtaining a court order to compel you to comply along with issuing a fine.

You will also be precluded from any further development and could face issues if selling without the non-compliance being resolved.
 
You'll need to complete the current works to the planners satisfaction before they will accepts any subsequent applications.

You could appeal the border stipulation to ABP citing precedents already set in the area as examples of how your proposal won't detract.
 
Can I appeal the condition at this stage? We can't agree with the council and they don't want to engage. I asked them could I appeal the outcome of this condition.
 
Yes, applicants are free to appeal any condition the planners attach. I'm not sure if the 4 week time limit applies to the applicant but best not hang around.
 
It sounds to me like you are getting confused about two separate matters.

One issue is non-compliance with your conditions of planning relating to the SIDE and REAR boundaries of your site.

The second matter and not related to your planning permission for your extension would appear to be the fact that you have built a 1m high FRONT boundary wall in what was originally designed as an open-plan estate. You will likely find if you go and check the planning drawings and conditions of the original estate that front boundary walls/fences were de-exempted. Some other neighbours in the estate may also be in breach by building front boundary walls, but that is neither here nor there.

I have come across this issue a number of times over the years. In some cases the Planning Authority weren't really bothered about pushing the matter, but I have dealt with two cases where the Planning Authority forced the owners to demolish their newly built front walls.
 
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daithi28 said:
You will likely find if you go and check the planning drawings and conditions of the original estate that front boundary walls/fences were de-exempted.
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Exactly that, the exempted development provisions do not over-ride any conditions previously attached.
 
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