Grounds for objecting to a development next door ?

Discussion in 'Askaboutlaw' started by MikeHar, Jun 10, 2018.

  1. MikeHar

    MikeHar New Member

    Posts:
    5
    Hi,

    I'm looking at buying a house with a smallish East-facing garden. About 1m over the back wall there is a single story commercial premises (looks like a warehouse). The house is near enough Dublin city centre and the site behind is quite large and I imagine very valuable so it wouldn't surprise me, given the demand for housing, if the site was sold in the next few years for development. Being able to sit in the sun is very important to me and an important consideration in choosing a house. So, if the site was sold and a developer wanted to build a block of flats 1m over my back wall I wouldn't want to live there anymore, the existing structure is low enough that it has no impact on the sunlight the garden recieves. So, I'm wondering what kind of weight would be given to an objection to a development based on the fact that it would block my sunlight ? Is there any rule-of-thumb ? Would this be considered completely irrelevant ? Or is it entirely at the whim of the official who assesses the objections ?

    Thanks,
     
  2. Thirsty

    Thirsty Frequent Poster

    Posts:
    1,777
    Buy something else
     
    JohnJay likes this.
  3. Monbretia

    Monbretia Frequent Poster

    Posts:
    1,297
    I would not take the chance either, I used to have a lovely sunny kitchen which was important to me until the house next door went up!
     
  4. Páid

    Páid Frequent Poster

    Posts:
    387
    The right to light is an easement. It is a legal right and if you want to protect it, you need to talk to a solicitor.

    Read this recent article from the Law Society.
     
    Leo likes this.
  5. Leo

    Leo Moderator

    Posts:
    8,920
    Good point, and the chances of getting the owner of the other property to agree to something that would devalue their asset is close to nil.
     
  6. DirectDevil

    DirectDevil Frequent Poster

    Posts:
    454
    Very good article.

    Remember that objections based on planning grounds are not always the same as objections based on other legal grounds.
     
  7. grenzgebiet

    grenzgebiet Frequent Poster

    Posts:
    56
    If, as you say, being able to sit in the sun is important for you then I would second Thirsty's opinion - buy something else.
    You won't get very much sunlight in an east-facing garden, unless you get there in the mornings before work.
    You need south-facing to have sun during the day or west-facing to sit in the sun in the evenings.