Question about fast track planning

C

ChrisS

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I live in West Dublin, fast track planning permission was given to a large developer for a infill site behind our house.
As part of the development, 8m from our back fence there will be a 3 storey duplex which will be 11m high and will be sideways facing to our property. Our gardens are small so the building will be approximately 20m from the back wall of our house. It will have a balcony which will overlook our garden and when built if you are standing on it you will be able look directly into our children's bedrooms.
We did not realize the scale of the building or how close it would be until building work actually began.
Do we have any recourse to appeal planning permission, as in require the developers to use frosted glass for any windows that overlook our garden and to have a screen on the side of the balcony which would give us some privacy?
TIA
Chris
 
Not an answer, to your question but i'd probably get some fast & tall growing evergreens in quick and hope they quickly get established and grow before the things completed.

I would have thought that aspect of windows etc is a standard consideration for planning, have you checked the co. council planning website and are their any objections where concerns were noted?
 
Just to give people a sense of the closeness and scale of the development.
This is our back garden, the block wall of the duplex is behind the scaffolding.


This is what it will eventually look like.
 
Building is already underway so the period for lodging observations is closed.

20m from your back wall is well in excess of the minimum distance for windows facing into neighbouring properties. Such proximity is an inevitable factor in city living.
 
I don't live in a city, this was and still is a farming village in south county Dublin. I am more concerned about the balcony that will be 8m from our back fence directly overlooking our garden.
 
I live on the border of Kildare and Dublin, Newcastle to be exact, its south west Dublin.
And I don't think you would be so dismissive of peoples right to privacy if someone built something similar 8m from the back of your fence? 8m is the width of a narrow access road, pace out about 10 large strides and you will get the idea of how close. The builders didn't even want to build a wall between us, they had built so close they didn't allow enough room for one, in the end they begrudging put up the wooden fence you can see in the picture, which looks awful.
 
On the basis that planning permission has been granted (including following the statutory public notification period) you have no recourse to appeal. You can (and should) check the drawings (and the conditions of the permission) to see what actually has been granted permission and details that have been included which might go some way to addressing your concerns.

I would say that in my personal experience/opinion that Irish people get too worked up over new development next to them, it very often is not as bad as they think particularly when it is finished and over time you get used to it.

In other cultures overlooking etc is no big deal - eg in Amsterdam traditionally people don't have curtains.
 
Reminds me of the Hitchhikers Guide to the Galaxy for some reason.

It is important to keep abreast of planning applications that might affect you and make submissions in good time
 
Overlooking windows often isn't that big a deal in the end - people who can overlook will be self-conscious of other people looking in at them.

But in your case that large raised outdoor area is going to be imposing - if people use it. Strategic planting will help, probably your only option now.

It's fine to suggest people should object, but ideally the planners would be clued in enough to spot easily fixable impacts on existing property. In this case a 5-6ft wall on that balcony side would have reduced it as a problem. If planners could spot these problems, then developers would make sure their plans were better in the first place.

It shouldn't be up to people spotting notices often on roads they don't usually walk or drive on, going on to the council's clunky websites, going through drawings, working out orientations, and objecting within a few weeks.
 
ChrisS said:
I live on the border of Kildare and Dublin, Newcastle to be exact, its south west Dublin.
Click to expand...
Newcastle has been zoned for significant expansion for quite some time with much of it medium density. The 2013 development plan outlines that, and would have gone through public consultation prior to publication.

I know exactly what 8m is thanks, I've spent much of my life within a similar distance of my overlooking neighbours. It's not that I intend to be dismissive, it's that there is no right to not being overlooked. It's difficult to say you've no grounds for complaint without potentially coming across as dismissive.
 
ChrisS said:
And I don't think you would be so dismissive of peoples right to privacy if someone built something similar 8m from the back of your fence?
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I don't think that @Leo was being at all dismissive.
Merely stating facts.
 
Leo, I applaud you for going to the bother of googling Newcastle town plan, but it is not relevant. I am reasonably familiar with the current South Dublin county councils plan for the town, the recommended density levels for the Newcastle village core/Infill sites/Expansion areas/Settlement edges and as far as I can see these are ignored by developers and the planners when deciding on whether to grant permission or not but that is a different argument. Unfortunately the area has turned into a bit of a free for all when it comes to development.

But that is going away from my point, my point here is, this development was submitted through the Fast track planning process and would not have got the same scrutiny from planners as a normal submission. Now that me and my neighbours see a potential problem, mid way through the build, shouldn't we have a voice to say this not right before the builders finish up and move on? A simple permanent screen on the side of the balcony would resolve, but having dealt with this builder previously, if it doesn't suit them to do this they will just tell us to eff off politely..
 
ChrisS said:
as far as I can see these are ignored by developers and the planners when deciding on whether to grant permission or not
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What do you think they ignored?

The fast track process does not allow them to build something that is not compliant with the relevant legislation or the planning that was granted. If you see something that is non-compliant you can complain to SDCC. Failing that you have the option of a legal challenge.
 
There is always a risk no matter whether you are in the Countryside. or urban that something gets developed that you didn't realise it would impact you until it is half build. I know people who bought in the country for peace and quiet. A couple of year later plans were put on display for a quarry nearby which they choose to ignore thinking it would not effect them. Now there once quiet road is a highway with truck movements. Unfortunately you have very little entitlements when a plan was displayed and open to all to examine and comment on.
If somebody was building in a field behind me no matter how big or small it was I would be all over it once I saw a planning notice so I think you were very foolish to ignore it. Its like when you don't read the terms and conditions prior to signing a document and then crying foul when you something in it is used against you down the road,
 
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