# Boundary wall/fence planning issue



## rustbucket (6 Apr 2012)

Hi

I live in a terraced house on a main road. There was an existing wall separating us from our neighbours both sides. the height of these walls as well as the wall facing onto the road was 1 metre. The pillars for the driveway were 1.5 metres.

Last year we had panel fencing fitted to all walls to give us more privacy. The fencing is about 80cm high.

It brings the total height of the wall plus fence to 1.8 metres. We never had any complaints from neighbours etc and prior to erecting we checked if the neighbours would have any issues.

Just got a notice from DLR county council today stating we are in breach of planning permission under section 152 (1) of the planning and development act.

'the erection of fencing on top of the front boundary wall in excess of the 1.2 metre height applicable to front boundary treatments and without the benefit of a valid planning permission'.

Q1. Does this only apply to the front boundary wall or does it apply to the walls adjoining neighbours property also?

Q2. What next? Do we have to take down the fence?

Q3. Is there any way of appealing on basis of privacy issues etc

Q4. There is mention of a fine- is this avoidable? 

Q5. What is the best thing to do. Should I ring and discuss with the planning department?

Thanks in advance


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## hazelgreen (6 Apr 2012)

The permissible height of front walls is lower than back garden ones that are up to 2 meters to allow for privacy and are called 'screen walls'.  The front garden is meant to be open to view.  Some estates are designed with no walls and it would be in the lease/basic permission.

Best contact the planning authority.  I notice a lot of heightened front walls and fences, I would be interested to know if permission for same was sought and granted?


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## lowCO2design (7 Apr 2012)

see 'class 5' here http://www.irishstatutebook.ie/2001/en/si/0600.html#sched2


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## rustbucket (22 Jun 2012)

Have gone through the necessary process and have applied for planning retention as a result of the enforcement notification.

I dont mind doing this at all, was misinformed at the time and told I didnt need planning permission. Am happy to go down route to hopefully have it made legitimate.

It has cost me however the guts of €500 (planning application, advertisement, OS maps and architects drawings).

I will accept decision either way and take it down if necessary.

Question is will the council hit me with costs and admin fees etc? Have heard a couple of stores where people have been hit with €2k costs from the council


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