planning problems

D

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I have a very unhappy neighbour (unhappy with life !) and she is now objecting to our planning as we predicted she would. One of the grounds is that the extension is too big - its approx 55m sq we live in a 3 bed semi which is approx 100m - 1200m sq. Another is that we are taking her sunlight and could cause dampness in her kitchen - however the sun rises in the front of our houses and sets to the left of our property - I am on her right and therefore don't see this as being a valid objections - can anyone advise - Many thanks.

BTW the extension is only one storey with flat roof - therefore we are removing the existing roof (pitched) of a kitchen extension
 
Light and dampness are not a problem! Re size, how much 'Private Space' AKA back garden will be left after the extension. eg, DLR require 65 meters if you house is 3 to 4 bedrooms. etc

Towger
 
See:

http://www.environ.ie/en/DevelopmentandHousing/PlanningDevelopment/Planning/PlanningLeaflets/

secifically, PL3 for a guide on commenting on a planning application.

In general, light Could be a problem if you overshadow someone's house and/or garden, but in this case seems unlikely. Dampness sounds a bit bizarre, unless you're planning on dumping the outflow from your gutters onto your neighbour's house????

Either way, the council will decide. If it goes against you, they tell you why and you can then appeal if you want.

I wouldn't worry too much until you do hear back.
 
Your neighbour may be referring to the Rights to Light issue ( not necessarily sunlight). This means she has the right to the light she has enjoyed for the last 20 years. There is a kind of rule of thumb applied in these situations: imagine a 45 degree angle starting from the base of the neighbours window nearest your boundary.No part of your building should encroach past this imaginary line, otherwise you are infringing on her acquired rights to light.
 
Thanks for all the input I think thank God we still will have a large back garden we are building to the second post of our fence (just normal wooden fence) but we have seven posts in total so this should be ok. Echelle 15 I am a bit confused about the right of light - we are only living here 4 years new estate ..... maybe I will get my husband to look at this one - but the engineer said there wouldn't be a problem with the light. The cc advised me to submit pictures showing that the sun dosen't come in our side of building and also a sun path diagram which we will submitt now.
Thanks for all your input, really appreciate it as its an awful situation to be in when your neighbour gets nasty - I feel nearly like moving altogether but on the other hand feel like its our right to build - within reason and i think we are following that.
 
I'm not sure I'd even bother submitting a sun path diagram (which will no doubt cost you): the plans have to show the north point anyway, so unless it's maginal it should be clear enough. A simple satement about where shadows will be cast should be sufficient I would have thought.

You have a right not to be overshadowed by a new development, but this isn't absolute (ask the people round Landsdowne!): it all depends on the context and degree of overshadowing. On the other hand, you have no right to maintain an existing view, nor to not having your property devalued.

I know it's hard when it's your own home that's involved, but try and keep matters as objective and businesslike as possible - the emotional cost can be very high if you take it too personally. If you're still on speaking terms with your neighbour, I'd let them know that you see what they're saying, you've done your best to accomodate their views, you're quite happy for them to put an objection in (bite your tongue on that one!), and that you think it's best for an independent 3rd party to decide, and hopfully they'll agree.

The council will decide as an independent 3rd party: unless you're doing something completely unacceptable, it's likely you'll get permission. There may be conditions attached, though again, they're unlikely to be major ones. One thing is that the council will only look at valid observations (i.e. on true planning issues): they're quite capable of ignoring spurious points.

From what you're saying, I would be prepared to have the approval appealed if you get it. This is a real pain, as it delays matters quite a bit, but again I'd try not to worry.

Best of luck!
 
Thank you so much for this - my husband checked about the 45 degree angle and it looks like our house is already in breach of this - we are a semi d. Anyway its getting worse she (next door) is now doing silly things .... she has cut down her clothes line which was on my side of the fence (even though I said it wasn't a problem) and put up two huge masts which are really ugly and taller than my garden fence - they look really revolting and I am sure she is doing this to get at me. I would love just to go in there and say look don't be so silly lets sort this out but the last time I did she started roaring at me and I ended up in tears (I have an eight week old baby - and I guess I bit easy to upset). I just think its an awful situation to be in - its hard to believe anyone can behave so childeshly - in any event thanks for all your replies - I will let you know what the council decide and the PG we won't have to go to ABP.
 
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