# Neighbour has increased height of his frontage wall to 1.2m eliminating my sightline



## cuhullainn (25 May 2012)

We live in rural area. Access to my house is through a lane along my neighbour fenced boundary. He has a frontage wall which height was below 1 m. On top there was a wooden trestle which allowed sight-line of incoming traffic. Not the best but OK. There are no "triangle" where my lane meet the road, so going in or out was a pain but it was "survivable".

Recently, the neighbour has increased the height of his frontage wall to 1.2 m (including the cap stones) which eliminate my sight-line. To exit on the road, I have to inch my way out till I can see past his wall if there is any incoming traffic and the front bumper of my car is on the road (2m distance from my seating position).

My initial contact with the neighbour has been unsuccessful, the reason he gave was that he has acquired dogs recently, and need to secure them in! Plus, he is building on his land.. "so hard luck for me...,.. if you don't like it, go back to where you are from (I am Irish but born outside Ireland!)..bla bla."

I agree that one has the right to do whatever ones want on his own land...even if illegal, but that is between that person and the authorities.
What I don't agree is for him to reduce my sight line, risking potential accident to my family and or the road users!... 
I have talked to my solicitor but he seems to be dragging his feet..."we don't want to go for a court case..do we?..huh..."

I have complained verbally to the council engineer... "we are looking into it..." and that is over a month and now the wall is completed!
Is that it?.

If one of you has had similar experience.... how did you achieve a successful conclusion?
Regards
Paddy


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## ajapale (25 May 2012)

cuhullainn said:


> I have complained verbally to the council engineer... "we are looking into it..." and that is over a month and now the wall is completed!
> Regards
> Paddy



Inform the local council roads area engineer in _*writing*_. Inform the planning authorities in _*writing*_. Take photographs and document all your dealings with your neighbour. Engage an engineer in private practice to conduct a survey  and prepare a report on your behalf.


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## mf1 (25 May 2012)

"I agree that one has the right to do whatever ones want on his own land...even if illegal, but that is between that person and the authorities.
What I don't agree is for him to reduce my sight line, risking potential accident to my family and or the road users!... "

What is not clear.............

Is this an older house that you bought where sight lines were an issue at the time  and you were/are relying on the good will (rather than a legal agreement) of a neighbour?  

Or a new build where adequate sight lines were part of the planning permission and legal agreement was reached with the neighbour?

It is important to establish whether you have any legal entitlements here at all. 

mf


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## lowCO2design (25 May 2012)

put up a set of mirrors across the road


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## cuhullainn (25 May 2012)

*Sight-lines and frontage wall height*

(ajapale)
I have all documents, photos, even Google street view pictures showing the wall before any modifications.. I am giving the council engineer one more week before calling in person at the Planning office. They have a solicitor on hand available  to discuss planning issues.(for a small fee).
(mf1)
Our house was there already around the great famine! The "neighbour house" was built before 1997 by the council to house the family which lived in my current house which had became derelict. The house was renovated around 1997. The lands were parcelled out, and a lane created to access our house.
It is not known if the front wall was part of the building by the council or was it built by the subsequent owners at this stage.
What is known is that the neighbour's wall was 0.8 m height when I purchased the cottage in 2001. The neighbours house was sold and new (and current) owner since 2007.
The current wall is currently situated at 3.8 m from the road center line, the road is only about 4 m width and in any days, it is hard for 2 cars travelling in opposite direction to pass without one of the car actually stopping!...
(lowco2design)
I did think about it and it is an issue... any one I have seen in the county have been damaged, vandalised...etc

Thanks for your suggestions... The saga continues..


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## ajapale (25 May 2012)

If the main issue is "line of sight" I would certainly engage a competent engineer to prepare a report for you. What kind of public road are you emerging out onto? There are many engineers who specialise in this kind of work.

In relation to road mirrors we had a long (and heated) discussion about their use last year and if I find the link Ill post it here. (Continue any mirror discussion on that thread).

Legality of erecting convex traffic mirror on public road for concealed entrance


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## Leo (25 May 2012)

Your neighbour is entitled to build a wall up to 1.2M in height around his property, so you have no grounds there. See under Class 5 here. They don't require planning permission to do so. 

You may need to look at options around widening your own entrance in order to make it safe, you will almost certainly need planning permission for that.


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## ajapale (25 May 2012)

Leo said:


> Your neighbour is entitled to build a wall up to 1.2M in height around his property, so you have no grounds there.



Im not certain about that. It appears to me that if there was a "line of sight" and that by building a wall that obscured the "line of sight" thus endangering public safety and creating a traffic hazard that the development may not be exempt.

*Restrictions on exemption.*
     9.       (1)      Development to which article 6 relates shall not be exempted development for the purposes of the Act—
    (a)  if the carrying out of such development would—
    .......
    (iii) *endanger public safety* by reason of traffic hazard or obstruction of road users,
.......    
      (x)  consist of the fencing or enclosure of any land habitually open to  or used by the public during the 10 years preceding such fencing or  enclosure for recreational purposes or as a means of access to any  seashore, mountain, lakeshore, riverbank or other place of natural  beauty or recreational utility,
....
    (xi) obstruct any public right of way,


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## cuhullainn (26 May 2012)

(Leo-Ajapale)
Yes I am well familiar with the 1.2m but there are also other conditition to be met such as minimum distance from road centerline..etc
In 1996, the "rules" were that frontage wall had to be at least 5.5 m from the road C/L in the same area ( based upon inspection of building permits in same).In this case, the wall is at a distance of 3.8m from the road C/L ( the road is only about 4m width).
Of course, the house was built prior to 1996, but the very same county council and surprise surprise, there are no records (planning permission..etc) Even the current(paper) foglio of the area does not even show the house!! (it is shown on the new digitized version!).
The local county engineer agrees on the issues of safety as shown by Ajale and that will be the basis of a "warning" letter. In the meantime, they are trying to dig out the original planning permissions to find out "if" there was any permissions to/restrictions allowing the building of a frontage wall that close or was it simply erected by one of the previous occupier...

(alser)
Yes, good point, if did it but only checked the minimum distance ( 5.5 m from road CL) and did not pay any attention to the height since the original height was around 850-900 mm height before the current neighbour increased to 1.2 m.

Cheers and let's enjoy the sunshine this week end!!!
Paddy


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## ajapale (26 May 2012)

Cuhullain, 

Ive expanded your title a little to more accurately reflect your question.

I think you are on stronger ground dealing with the roads authority strictly on the grounds of public safety.

What do you think of my proposal for you to engage an engineer to prepare a report for you? Such reports can be persuasive when dealing with the roads authority.

It appears to me that you had a sightline through your neighbours wooden tressel fence, he has raised the wall and now you don't have a sightline.

Did you ask the council area roads engineer to give you an indication of what was contained in the warning letter?

aj


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## cuhullainn (31 May 2012)

ajapale said:


> Cuhullain,
> 
> Ive expanded your title a little to more accurately reflect your question.
> 
> ...


I agree with your comments and suggestions.
I am currently waiting for the council area planning /road engineer to complete his report and produce (as promised) a warning letter to my neighbour.
In the mean time, I am researching previous planning application for that house to verify if the frontage wall was part of it and what restrictions if any was put on it at the time and if the conditions were met.
If nothing changes, the hiring of a professional as you suggest would the the right move.
Thanks again and I will keep posting as the plot unfolds!

Regards
Paddy


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