What are valid grounds for objecting to a planning application?

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waom

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Does anyone have any knowledge on what are valid grounds for objecting to a planning application.

My neighbour has lodged an application which could seriously affect the value of my house mainly by overlooking windows
 
Re: Planning objections

hi waom, i personally wouldn't like objecting to someone else's planning application but if you wanted to go ahead you could site that the house overlooking yours would be an invasion of your privacy, perhaps a compromise would be to have no windows on the gable next to you. also if the planned house is to be taller than yours you may experience light deprivation. it might be worth checking out the local development plan to see if there are any planning restrictions to developing in your area or if certain types of houses or heights of houses need to be adhered to. you could check to see what kind of sight lines they have as planners can be quite sticky on those.
 
Re: Planning objections

there are certain guidelines about invasion of privacy and the min allowable distance that one end of a house can have an overlooking window next to the neighbour. My mate found this out recently when he went to buy a detached house.
The house had no side window in the gable end as he was told they were too close to the house next door and it wasn't allowed.
Check with planning laws about this and then lodge an objection if you are within your rights.
 
Re: Planning objections

Hi there, I know how you feel, I think you have to do whats called a submission which costs around E20 and state your observations or objections. Your submission has to be lodged by a certain date, I think within 3 weeks prior to your neighbour's obtaining planning if they are successful. Two things to consider though, your neighbour will be able to access exactly what you have submitted to the Council and secondly if ever in the future you want to obtain planning even be it a couple of miles away this neighbour might object to you just to be vindictive. That's not to say you shouldn't object, if you feel strongly enough about something certainly voice your opinion but also take into account the reprocussions.
 
Re: Planning objections

At least if you lodge an objection it will be taken into consideration when the council makes it's recommendations. I know of a person that built a house between their own and their brothers house. They promised the new house wouldn't overlook the neighbouring one (as well as a few other things) but as soon as planning was granted they went back on their word on everything.

Better to speak up before the decision is made by the council as there's nothing you can do once the house is built...
 
Re: Planning objections

you don't need to object to something that is foul of the law, i.e. gable windows overlooking a neighbouring property. It shouldn't get pp for them, anyway.

How are you with the neighbours - any thoughts on just asking them about it - it might be a simple matter to have them omitted/relocated......
 
Re: Planning objections

There are very strict guidelines about the dates for making a submission. AFAIK, the submission has to be made within 5 weeks of the planning application being lodged. Even a day later and it cannot be considered and will be returned to you. Your local Co Co website or planning office can give you the details.

The other point to bear in mind is that if you don't lodge a submission (often referred to as an objection) you cannot appeal the resulting planning decision to An Bord Pleanala.

If you appeal it to ABP the basis for your appeal is irrelevant as ABP will do a full review of the planning application to decide whether the proposal constitutes good development or not, regardless of the reason for your appeal. This is IMHO one of the great flaws of the planning process but that is for another day.

I would agree however that it is preferable to talk to your neighbours and discuss your concerns and see if they can take them on board.
 
Re: Planning objections

I woudln't assume the planning authorities will catch everything so definitely lodge an objection if theres something that will really affect you.

My advice is always to get an architect to submitt the objection for you - it makes it easier to look your neighbour in the eye afterwards if you can say that your architect insisted that you object since he said the development would seriously impact your property price and enjoyment of your home.
 
Re: Planning objections

This question is raised every now and then at work and TBH I shy away from it as Im not in the business of trying to stop someone from being granted planning permission. All I would say to the OP is to put down in writing all the ways that you think you, your property, your other neighbours and their property could be affected if your neighbour (planning applicant) was granted permission.

If you are just looking for different grounds to object then I suspect that you just want to object in any event and are looking for reasons.

If its a genuine objection then just state your concerns. I would however suggest that you talk this over with the neighbour first before going down the road of objecting which inevitably leads to bad feeling between the parties.
 
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Re: Planning objections

I'd agree with those who said your first port of call should be to talk directly with your neighbours: you have to live next to them after all. On the other hand, if they were being a bit more reasonable, they should have spoken to you first before lodging the application (on the same grounds).

There are very strict timescales involved. Furthermore, if you don't object in the first place, you cannot appeal the decision.

Comments can only be made on planning grounds, not "I don't like the idea of that". Note that in itself, devaluing of your own property is not a valid ground. However, overlooking, overshadowing etc. certainly are.

A good place to look is the development plan for the county: you should be able to get this from the council's Web site. There's also information available in:

http://www.citizensinformation.ie/c...permission/commenting_on_planning_application

The various councils also have advice on their Web sites (some much better than others) as to what valid grounds for objection are.

I've been on both sides of this: I'm currently building an extension. Before we lodged the application we showed the plans to neighbours (and actually changed them in response to comments). No objections, and we got our permission.

On the other side, I was involved in objecting to a neighbour of my parent's plans to put a new house in what is effectively their back garden. Once we decided to object (and even though I haven't lived there for years, I was able to object as anyone can), I went through every single objection I could think of: about twelve in all. All were very specific and referenced the council's own development plan (e.g. density of development guidelines etc.). The saga went on for about two years: three seperate applications, the first two were appealed. In the end they gave up.

In summary, my advice would be:

- speak to them first: they're unlikely to drop what they're doing, but may ammend it to your satisfaction

- if you do object, keep in mind you'll not be on the best terms with them from that point on (with the best will in the world)

- keep objections as simple, factual as possible and based on planning issues

- find as many objections you can: don't assume the planners will discover issues for themselved (e.g. is new access a traffic danger?)

- persevere

Good luck!
 
Re: Planning objections

Many thanks for all the advice. Spoke to neighbours whose advice was to object if we did not like it! Have now engaged an architect who has lodged an objection. Would have preferred to have been consulted in first place. Net result is that both parties will have to incur architect costs that could have been avoided (which will leave a bad taste on both sides)
 
Re: Planning objections

waom said:
Many thanks for all the advice. Spoke to neighbours whose advice was to object if we did not like it! Have now engaged an architect who has lodged an objection. Would have preferred to have been consulted in first place. Net result is that both parties will have to incur architect costs that could have been avoided (which will leave a bad taste on both sides)
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Just out of curiosity did you talk to the neighbour who has made the application in an attempt to come to a compromise before going down the road of lodging an objection?
 
Re: Planning objections

The attitude of the neighbour who made the application was that it was a matter for planning authority who could be relied on to make the correct decision. I believe they fully understood impact on other neighbours before submitting application and hoped to get away with it.
 
Re: Planning objections

waom said:
Does anyone have any knowledge on what are valid grounds for objecting to a planning application.
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Sorry to be direct, but do not bother objecting if you can not find good reasons yourself for objecting.

waom said:
My neighbour has lodged an application which could seriously affect the value of my house mainly by overlooking windows
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Speculation on your part?
TBH (may be i am naive?), i would trust planning authorities to rule accordingly regarding overlooking windows

waom said:
Have now engaged an architect who has lodged an objection. Net result is that both parties will have to incur architect costs
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It was your decision in engaged any architect to lodge objection. Many people don't, and object themself. Again, you seem to lack of reasons for objecting.
BTW, you objection will be made public (at least true for SDCC).

waom said:
The attitude of the neighbour who made the application was that it was a matter for planning authority who could be relied on to make the correct decision
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Your neighbours are correct.



You would have guessed, and as stated by previous posters, i also do not like objections for the sake of objecting, unless there are very very good reasons for it. But this thread did not convince me that you have.
 
Re: Planning objections

Bacchus, what's that all about??? The OP made it clear why they were objecting (overlooking), and was looking for advice on what were valid grounds.

Unfortunately, local authorities cannot be relied on to take everything into account in making decisions. Furthermore, in a lot of cases issues can be fairly subjective, so letting them know what you think is helpful to them (and technically, they're not "objections" but "observations" you're making).

Having said that, once everyone's had their say, one assumes local authorities reach an independent decision, based on planning criteria. Noone's suggesting anything else.

On the other point, personally, I don't think it necessary to engage an architect to make the objection, but if you're not comfortable doing it yourself, where's the harm?
 
Re: Planning objections

I recently built a house, and thought it appropriate to give a copy of the plans to my new neighbour before I applied. Had a bit of a chat with them, and they seemd sound enough about it.

When I heard nothing from them. I went away and applied. Weeks later, the day before the final day for objections, the neighbour lost the plot, said I had mislead them with my description, even though I had given them the plans. They saw where I dug the test holes for the perculation area, 25m from the proposed development, and thought that is where the house was going. When the got around to looking at the drawings, which showed the house 25m closer to them they wrote a stinker of a letter objecting to the developments proximity to thier house. I got held up in the planning process for 18 months as a result. And now we dont talk.

So from where I am standing, leaving up to a third party is the way to go.
 
Re: Planning objections

My problem with this whole thread is that the OP had already established the basis for an objection ie overlooking. Why on earth come here looking for advice when he/she knew how they were going be affected by the neighbours proposals.

I and several others suggested that the OP should talk to the neighbour concerned and when asked if they did in fact talk the matter through the response from the OP was that the neighbour (in the OP's opinion only) had decided that it be left in the hands of the planners.

There was obviously no discussion between the parties despite all the good advice given here so as far as I can see the OP posted here with the intentions of getting advice on other issues he/she could include in their objection. In my opinion it was a simple case of objecting for the sake of objecting.

Its no wonder I dont involve myself in these issues from a works point of view.
 
Re: Planning objections

when you think about, there isn't even a need to object. The development (as far as can be determined), shouldn't pass, anyway.

say he did get PP. He gets a 'decision to grant', and following that, there is a 30-day period in which to object, before the PP gets actually granted.

If OP had waited, the local authority might have spotted it and knocked it on the head without speaking to anyone......or spending any €€
 
Re: Planning objections

galwaytt said:
when you think about, there isn't even a need to object. The development (as far as can be determined), shouldn't pass, anyway.

say he did get PP. He gets a 'decision to grant', and following that, there is a 30-day period in which to object, before the PP gets actually granted.

If OP had waited, the local authority might have spotted it and knocked it on the head without speaking to anyone......or spending any €€
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AFAIK, this is incorrect. Once the date for obsevations has passed, you can't make any. The 30 day thing is the time allowed for appeals, and you cannot make an apeal if you have not previously made an observation.
 
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