Neighbour's LogCabin/Shed on garden slope

I

Isobell

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4
Good afternoon,

I wonder can anyone help me with my query please. My neighbour has built a 5 x 3 metre log cabin (allowed in planning regulations) in their back garden, against our fence. The back of the cabin and longest length (5 metre) runs against our fence so the side of the log cabin faces us. The front of the cabin faces the other neighbour.s house with double full length glass doors.The side of the log cabin facing us has a large double window (about a metre wide or more) that opens and looks down into our kitchen and across the bottom of our garden and upto an upstairs bedroom. From our back door the log cabin with the offending window is 5 metres away. The log cabin stands at 4.5 metre in height nearest the front, as it is built on a terraced wall, as our gardens slope down towards our back doors. From my reading, the height is measured from the highest point so the 3 metre flat roof shed, which appears to be 4.5 metres from our back door is allowed?

Other issues involve the guttering, which overhangs our fence and there is no room for any access to repair fences they damaged, as in order to lift the fence panel out, the guttering has to be removed. This was observed when the builders tried to put the fence panels back as they had to remove the guttering in order to get them back in. The back of the log cabin against our fence has not been treated - all other sides of the log cabin were, but as the log cabin was built as close as possible to our fence the neighbours could not treat it once the fence panels went back on, without removing guttering. The downpipes are gushing water through our fence as there is no further drainage system when the pipes hit the ground. The neighbours are aware of this since day 3 as I informed them.

We are at a loss.The log cabin is legal we are told. It appears huge to us and starts shadowing our garden at 3pm. We were not consulted about the log cabin prior to its build. I raised concerns before windows and doors went in as I felt our privacy was invaded in our main living space with windows overlooking us at close proximity. We discussed moving the structure to not block our light - the cabin fills our view when we sit and eat at our kitchen island. We did have a great relationship with our neighbours who promised to try and address our concerns as they said we had been so helpful in the past with access to our garden for outdoor tap access etc. I tried calling into them on multiple occasions for updates and a conversation. A few days ago I was told that they don't intend to modify anything as it is legal. A complete 360 on what we had discussed on day 3 of the build of it and what they had agreed was an imposing structure. All windows and doors are in and we are left with a 'monstrous' structure looking down at us. Monstrous was the word the neighbour used when they saw it built.

Any advice would be much appreciated. I really value my privacy so I am hoping that the window facing us at least could be addressed by enforcement? The guttering issue, damage to fences, imposing structure, or the fact that the log cabin may rot as our side isn't treated, is a whole other issue. No other house in our estate has this issue as generally neighbours have not negatively impacted on their neighbours houses, with much smaller sheds/builds as would be expected and hoped for in an urban estate.

Thank you for taking the time to read this.
 
Go to a Solicitor.

Some issues to consider:

1. Privacy.

2. Right to light.

3. The law provides that nothing should escape from a neighbour’s land that impinges on the quiet enjoyment of your property/causes damage to your property (water from the gutters).

4. Planning issues including size of the structure which could be outside the exemption limits.
 
Jayom75 said:
Go to a Solicitor.

Some issues to consider:

1. Privacy.

2. Right to light.

3. The law provides that nothing should escape from a neighbour’s land that impinges on the quiet enjoyment of your property/causes damage to your property (water from the gutters).

4. Planning issues including size of the structure which could be outside the exemption limits.
Click to expand...
Thank you, your points match my concerns.
 
Brendan Burgess said:
I would have thought you should start with a planning consultant rather than a solicitor?

Brendan
Click to expand...
Thanks Brendan - I hadn't thought of a planning consultant, I was going to apply to the Enforcement Section of the city council initially and go from there?

Mapara - Thank you. It is going to be used for the kids and possibly for one of the parents who teaches pilates online I was told initially - I'm unsure if it will be used for personal or professional use at this stage as the window facing us was fitted yesterday. I am aware that if it is used professionally in future, in certain contexts, it would require commercial insurance and planning permission.

Smaug - Thank you. The position of the window starts within a metre of the boundary fence panel so it does break that rule. The window is approx 1 metre or more in width and placed in the centre of the the cabins width/depth of 3 metres. Our fence panels are 2 metres in height, so the front of the log cabin rises above it by another fence panel height at the front. The window is positioned above the 2 metre fence panel height so there is full and clear view into our home. Our kitchen doors are positioned closest to the fence and therefore log cabin and windows too. Approx 4.5 flat wooden structure (above ground level) is our view of the log cabin from ground level. Unfortunately our sloping garden makes this log cabin appear very intrusive.
 
Very unfortunate! If you can afford it and have room to plant look into some pleached trees, could give you instant screen, stick them right in front of window!
 
Jayom75 said:
Some issues to consider:

<snip>

2. Right to light.
Click to expand...
Not quite as clear cut as people seem to think.................
www.irishlegal.com

Georgina Wallace: Let there be light

Construction lawyer Georgina Wallace of Ronan Daly Jermyn gives an overview of the law relating to the right to light, recent case law in this area, and the implications of the right to light on developers. A right to light is a right which is enjoyed over neighbouring land which allows a landowner
www.irishlegal.com www.irishlegal.com



Just a few views, for starters, plus the 'right to privacy' may not also be a clear cut as some may think either, but I couldn't be bothered looking that up..........:)
 
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Monbretia said:
Very unfortunate! If you can afford it and have room to plant look into some pleached trees, could give you instant screen, stick them right in front of window!
Click to expand...
Thank you. That's Plan B for sure, if I can't get the window removed or at least made opaque. Its very disconcerting to have your neighbours peer down and in at me in my kitchen from 5 metres away inside their log cabin built at the highest point of their garden. If it was a permanent extension it wouldn't be allowed but the legal area seems to be grey regarding a sloping garden, a huge 4.5 metre 'temporary' structure outside our back door and the significant impact on our privacy in our own home downstairs and it reaches the mid point of our upstairs bedroom window. We bought our house so we wouldn't be overlooked as there are no houses backing us and now we have this imposition instead. Plan B noted thank you.
 
Isobell said:
Good afternoon,

I wonder can anyone help me with my query please. My neighbour has built a 5 x 3 metre log cabin (allowed in planning regulations) in their back garden, against our fence. The back of the cabin and longest length (5 metre) runs against our fence so the side of the log cabin faces us. The front of the cabin faces the other neighbour.s house with double full length glass doors.The side of the log cabin facing us has a large double window (about a metre wide or more) that opens and looks down into our kitchen and across the bottom of our garden and upto an upstairs bedroom. From our back door the log cabin with the offending window is 5 metres away. The log cabin stands at 4.5 metre in height nearest the front, as it is built on a terraced wall, as our gardens slope down towards our back doors. From my reading, the height is measured from the highest point so the 3 metre flat roof shed, which appears to be 4.5 metres from our back door is allowed?

Other issues involve the guttering, which overhangs our fence and there is no room for any access to repair fences they damaged, as in order to lift the fence panel out, the guttering has to be removed. This was observed when the builders tried to put the fence panels back as they had to remove the guttering in order to get them back in. The back of the log cabin against our fence has not been treated - all other sides of the log cabin were, but as the log cabin was built as close as possible to our fence the neighbours could not treat it once the fence panels went back on, without removing guttering. The downpipes are gushing water through our fence as there is no further drainage system when the pipes hit the ground. The neighbours are aware of this since day 3 as I informed them.

We are at a loss.The log cabin is legal we are told. It appears huge to us and starts shadowing our garden at 3pm. We were not consulted about the log cabin prior to its build. I raised concerns before windows and doors went in as I felt our privacy was invaded in our main living space with windows overlooking us at close proximity. We discussed moving the structure to not block our light - the cabin fills our view when we sit and eat at our kitchen island. We did have a great relationship with our neighbours who promised to try and address our concerns as they said we had been so helpful in the past with access to our garden for outdoor tap access etc. I tried calling into them on multiple occasions for updates and a conversation. A few days ago I was told that they don't intend to modify anything as it is legal. A complete 360 on what we had discussed on day 3 of the build of it and what they had agreed was an imposing structure. All windows and doors are in and we are left with a 'monstrous' structure looking down at us. Monstrous was the word the neighbour used when they saw it built.

Any advice would be much appreciated. I really value my privacy so I am hoping that the window facing us at least could be addressed by enforcement? The guttering issue, damage to fences, imposing structure, or the fact that the log cabin may rot as our side isn't treated, is a whole other issue. No other house in our estate has this issue as generally neighbours have not negatively impacted on their neighbours houses, with much smaller sheds/builds as would be expected and hoped for in an urban estate.

Thank you for taking the time to read this.
Click to expand...
Hello @Isobell I am experiencing something similar currently and I was wondering if you had made any progress.
 
Any guttering that overhangs your property is a trespass to your property and you can require them to remove it.
 
Isobell said:
Thanks Brendan - I hadn't thought of a planning consultant, I was going to apply to the Enforcement Section of the city council initially and go from there?
Click to expand...
A planning consultant could advise on the existence of potential breaches. Armed with this knowledge, you could approach the neighbour and ask them to rectify matters.

If they’re not in breach, the pleached trees (or some mature hedging etc) would seem like a good idea.

If they are in breach but unwilling to correct matters, your next step, as you’ve suggested, would be to contact the council’s planning enforcement section. (You don’t need to have previously engaged a planning consultant to do this) They’ll arrange with the property owner to inspect the structure and will instruct them to either remove, or seek planning permission for, any aspect of the structure that is in breach.

While nobody should like reporting neighbours to an enforcement body, there are times when you’re left with no choice. They seem to have been very inconsiderate in their approach.
 
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Had a similar issue many years ago where we objected to a monstrosity that our neighbour was building. We were told we had no ground on the right to light but we did get them to change planning to remove and opaque windows on ground of right to privacy.

This might be worth a read also

Planning permission for garden house in Ireland

Read our guide to knowing everything about garden building planning permissions in Ireland. Read more about permitted developments.
gardenhouse24.ie gardenhouse24.ie
 
Rosies said:
Hello Isobell I am experiencing something similar currently and I was wondering if you had made any progress.
Click to expand...

Hi Rosies,

Welcome to AAM.

Unfortunately Isobell has not logged into AAM since last year so may not see your post.
 
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