# Right to light



## boots (22 Apr 2013)

Hallo,

Could anybody please tell me what is ones entitlement to light?
I've read some posts here on AAM and elsewhere but am still not sure.

We are afraid that the light coming into our kitchen and onto the patio outside where the children play will be reduced, due to a neighbours new house build, which has commenced construction.
We did not make any submission at time of planning - have we missed our chance to object?

Thanks
Boots


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## Luternau (22 Apr 2013)

If planning permission has been granted, as far as I know it's too late to do anything. Did they have the notice up in place where you could see it and saying exactly what was being applied for?


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## lowCO2design (23 Apr 2013)

boots said:


> We did not make any submission at time of planning - have we missed our chance to object?


yes


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## boots (23 Apr 2013)

thanks folks
we were aware of their design at time of planning but foolishly did not make a submission at the time.
Now they have built up the site substantially and will be hugely overlooking us (their ground floor slab is higher than our roof )
boots


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## browtal (23 Apr 2013)

Try talking to your neighbour and tell them your fears and that you did not realise how it might affect you.

 Reasonable people might be able to make some adjustments to accommodate your concerns. There are still a lot of considerate neighbourly people around.
Browtal


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## lowCO2design (24 Apr 2013)

browtal said:


> Try talking to your neighbour and tell them your fears and that you did not realise how it might affect you.
> 
> Reasonable people might be able to make some adjustments to accommodate your concerns. There are still a lot of considerate neighbourly people around.
> Browtal


? what would have them do, change the design? at whos expense???


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## Bronte (24 Apr 2013)

browtal said:


> Try talking to your neighbour and tell them your fears and that you did not realise how it might affect you.
> 
> Reasonable people might be able to make some adjustments to accommodate your concerns. There are still a lot of considerate neighbourly people around.
> Browtal


 
How can they do that now that the build has started.  Can you imagine the costs involved and now the builders are on site and no doubt contractually bound.  It's not reasonable now to ask them. Plus they'd have to go back to the planning process and begin again if they wanted to change the location, even slightly and who would want to do that. OP should have tallked to the neighbour before the build and should have objected at planning stage if there were serious issues.


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## Woodie (24 Apr 2013)

Unfortunately unlike the UK neighbours do not have to be consulted.  The system here is still a virtual free for all with little regulation or sensible followup by authorities.  When people plan to build they usually become obsessed with self interested and mostly disregard the impact on neighbours.  The system allows this and unfortunately you are the victim of such a system and you did not object using when you could have.  Very hard lesson to learn but there is nothing you can do now unless the build deviates from the plans.  Even then they could apply for retention so you would not be guaranteed of any success.


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## geri (24 Apr 2013)

One long shot is to look at the planning application and make sure thay are building what they got planning permission for.  Maybe they are building outside the approved height?


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## dereko1969 (24 Apr 2013)

Woodie said:


> Unfortunately unlike the UK neighbours do not have to be consulted. The system here is still a virtual free for all with little regulation or sensible followup by authorities. When people plan to build they usually become obsessed with self interested and mostly disregard the impact on neighbours.* The system allows this and unfortunately you are the victim of such a system and you did not object using when you could have*. Very hard lesson to learn but there is nothing you can do now unless the build deviates from the plans. Even then they could apply for retention so you would not be guaranteed of any success.


 
Sorry but that's contradictory, the system is very public, signs have to be put up. The OP was given the opportunity to object and/or appeal and chose not to do so until it was too late. The system works, the OP didn't work the system is the problem.


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## Gervan (24 Apr 2013)

> The system works, the OP didn't work the system is the problem.



No, dereko1969, the system does *not* work. Our neighbours proposed to convert a plastic sided and topped lean-to into brick built. Fine, we said. There never were any plans or planning application.
When the building started it was clear a much larger extension was going up, with substantial loss of light to our kitchen and sitting room. We instantly made our objection to the council. That was 9 months ago. No inspector has been sent out. The building was finished despite our frantic 4 visits to the council offices, showing photographs etc.
We eventually realised we could object all we liked but it was not going to make any difference. Our neighbours had "contacts" within the council. That's the way Ireland works.
The bottom line is, as Woodie says, it is a free-for-all, and neighbours have no recourse but to go to law. That's prohibitively expensive and so much a roll of the dice that it is a waste of time.


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## Woodie (24 Apr 2013)

Gervan said:


> No, dereko1969, the system does *not* work. Our neighbours proposed to convert a plastic sided and topped lean-to into brick built. Fine, we said. There never were any plans or planning application.
> When the building started it was clear a much larger extension was going up, with substantial loss of light to our kitchen and sitting room. We instantly made our objection to the council. That was 9 months ago. No inspector has been sent out. The building was finished despite our frantic 4 visits to the council offices, showing photographs etc.
> We eventually realised we could object all we liked but it was not going to make any difference. Our neighbours had "contacts" within the council. That's the way Ireland works.
> The bottom line is, as Woodie says, it is a free-for-all, and neighbours have no recourse but to go to law. That's prohibitively expensive and so much a roll of the dice that it is a waste of time.



I'd agree with that having experienced both systems.  If you want an eye opener just have a look on BBC Planners program.  It's an inclusive process but also effective against Nimbyism.  The contrast in Ireland is that there is self regulation by the builder and no one in the local authorities [mostly] gives a fig about enforcement or effective planning or building regulation.   It's about fees and charges and if there are any problems whatsoever they are a "Civil Matter".  We pay for this incompetent system and no legislator wants to tackle it.


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## browtal (27 Apr 2013)

I have had experience of both building near neighbours and we always discussed our plans with them before commencing. On the other hand we had a neighbour who commenced building without discussions, when we saw the extension rising above our light source we spoke with them about addressing the issue. 

Together we came up with a solution, they had no intentions of causing a problem for us.  Yes a few courses of blocks had to be knocked but that is part of building. In the end we exchanged a small piece of land each and we both achieved something that we had never considered possible.

Having built 3 houses and done many renovations we know that contracts seldom materialise without amendments.  Changes occur in 90% of plans and planning permission is rarely necessary, unless there are very large changes and in that case they are beneficial to all.


I would be curious to know if anybody has built or done large renovations or extensions without changes.  The best 'hind sight' occurs when you see the work progressing.
Your architect or surveyor will negotiate costs with builder. A builder who is not flexible will not be in business for long. 
Browtal


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