Huge ESB substation in front of apartment window - not in plans

[AKA]

Hi

My friend is buying apt off plans on ground floor...
Huge ESB substation, size of a small house or very large shed, has appeared outside the window which faces onto the street, a few feet from the apartment.
Apartment is north facing on the corner. Other window looks out at future apt block, or factory at the moment.

Now the substation was not in the apt plans. Not in any documentation received, or on the plans provided.
There is no planning permission for the substation but builder could apply to retain. This was checked with Dublin City Council.

Option to get out of contract is available but apts have since gone up in price nearby and there's no others left in the block. Apt is nearly ready for snagging. Substation appeared practically overnight.

Builder of course isn't very sympathetic and they aren't offering monetary compensation. Basically take it or leave it.

Conveyancing solicitor doesn't seem very good.

I'm horrified to think that something the size of a small house can just be plonked outside an apartment block at street level.

Is there any solicitors that specialise in planning legislation out there? Anyone have any comments...

 

[z102]

I'm not a solicitor but in general the ESB has the right to bring their equipment (poles,cables,substations) wherever they like as long as they can proof it's in the national interest.There is however the possibility that this substation is giving off electromagnetic waves and therefore it could be dangerous. There is a minimum distance to be adhered to buildings that are occupied. Check this link (and tell the solicitor of your's with it) [broken link removed]?...
If the substation had only recently been planned/build then you have a good case, " best available technology " and the like.

 

[dino]

AKA,
Check with the ESB to see if it's a temporary supply or if it's going to be left there. The developer is obliged to give the ESB a site for the substation as he requires the supply so it's the builder who is responsible. There is a chance that there was no other suitable location. If you need to contact the ESB the best person to look for is the Engineering Officer who looked after that development.

 

[quinno]

Unfortunately, ESB Sub-stations, cables and the like are 'exempted development' under the Building Regulations, they therefore don't require planning permission.

 

[Lauren]

If the apartments have already gone up in value, is it an option for your friend to proceed with sale, make some money on it and sell on? Sounds like he/she is stuck with the substation...Would also approach another solicitor to negotiate with builders solicitor perhaps..

 

[bertson]

The ESB do however require wayleave by the property owner to contruct anything on their land,
They need permission from a land owner to errect an esb pole, so I imagine a sunstation would require similar permission

 

[AKA]

Thanks for the information. Some other avenues to approach.

You wouldn't mind if it was something small but this substation is so big...size of a small one-story house/shed not far from the window obstucting the entire view to the road. Big green doors with an ulgy concrete surround. Think they might be able to make an improvement to the way it looks but still doesn't fix the fact that it's obstructing the only view from the apartment.