# Raising a Garden



## Qbot (16 Apr 2010)

Hi - just looking for some advise please and apologies if I have the wrong area.  
Our neighbours did up their back garden last year and as a result they raised their garden about a foot or two.. which now means we can literally see their heads fully when they are in their garden! 
I certaintly dont want to fall out with them but am annoyed as we had privacy before they did it.  We just have a wall, no trees etc to block anything - so that will take time to develop.
my question is, should they have sought planning permission to do this? 
thanks in advance


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## onq (17 Apr 2010)

I'm afraid they might not have had to do this.

I think the below reference is still the relevant legislation.
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From http://www.irishstatutebook.ie/2001/en/si/0600.html

_Classes of Development

CLASS 6

(a) The construction of any path, drain or pond or the carrying out of any landscaping works within the curtilage of a house.

(b) Any works within the curtilage of a house for—

(i)     the provision to the rear of the house of a hard surface for use for any purpose incidental to the enjoyment of the house as such, or,
(ii)    the provision to the front or side of the house of a hard surface for the parking of not more than 2 motor vehicles used for a purpose incidental to the enjoyment of the house as such.

Conditions

The level of the ground shall not be altered by more than 1 metre above or below the level of the adjoining ground.

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Can I respectfully recommend you contact your local planning officer and ask him the question based on what I've posted above.

There may be some legal wrinkle that prevents an infringement of privacy - or that allows you or obliges them to raise the wall to preserve previous levels of privacy.

HTH

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon  as a defence or support - in and of itself - should legal action be  taken.
Competent legal and building professionals should be asked to advise in  Real Life with rights to inspect and issue reports on the matters at  hand.


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## Qbot (19 Apr 2010)

Thank you for the detailed reply - interesting I do think its over the 1metre - I will see if I can speak with a local plannning officer. thanks


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## onq (19 Apr 2010)

Qbot said:


> Thank you for the detailed reply - interesting I do think its over the 1metre - I will see if I can speak with a local plannning officer. thanks



You're very welcome.

The issues to be discussed condense to three:

1. Height [possibly allowed]
2. Infringement of Provacy [possibly not allowed]
3. Screening [possible loss of light]

I think the + or - 1M was intended to allow for a "bit of landscaping" not a wholesale raising of an occupiable area resulting in a loss of privacy, or requiring screening to such a degree that you end up with a significant loss of light and a damp garden.

HTH



ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon   as a defence or support - in and of itself - should legal action be   taken.
Competent legal and building professionals should be asked to advise in   Real Life with rights to inspect and issue reports on the matters at   hand.


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## Complainer (19 Apr 2010)

Qbot said:


> Thank you for the detailed reply - interesting I do think its over the 1metre - I will see if I can speak with a local plannning officer. thanks


Would you think about talking to the neighbours first, maybe with the suggestion that they increase the height of the wall?


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## onq (19 Apr 2010)

Just say there is a limit to the height of the wall you can build as exempted development - 2.0M over adjoining ground level IIRC - and this also raises the overshadowing issue.

You should look over the wall and see if they have simply mounded up against the wall without strengthening it or protecting it from groundwater.

The former could cause cracking and the latter could cause efflourescence [white deposits] as a wet wall drying out on your side only may draw salts to the surface.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon   as a defence or support - in and of itself - should legal action be   taken.
Competent legal and building professionals should be asked to advise in   Real Life with rights to inspect and issue reports on the matters at   hand.


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