# Planning law for rear facing windows?



## sarahjane (14 Sep 2009)

Is anyone clear on Planning requirements for windows in a new extension that will be face on to neighbours at rear.


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## picorette (16 Sep 2009)

Assuming that you are building a small extension, & looking for exemption from obtaining planning permission, the legislation says this:

6. (a) Any window proposed at ground level in any such extension shall not be less than 1 metre from the boundary it faces.
(b) Any window proposed above ground level in any such extension shall not be less than 11 metres from the boundary it faces. 
(c) Where the house is detached and the floor area of the extension above ground level exceeds 12 square metres, any window proposed at above ground level shall not be less than 11 metres from the boundary it faces. 

Hope that answers your query. If not, give some more details e.g. size, position etc.


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## planner (17 Nov 2009)

picorette said:


> Assuming that you are building a small extension, & looking for exemption from obtaining planning permission, the legislation says this:
> 
> 6. (a) Any window proposed at ground level in any such extension shall not be less than 1 metre from the boundary it faces.
> (b) Any window proposed above ground level in any such extension shall not be less than 11 metres from the boundary it faces.
> ...



Picorette is right but just be careful - you need to read the Planning Regulations on Exempted Development in full.  There are a number of limitations and restrictions involved which often negate the original statement.  Article 9 of the Regulations, "Restrictions on exemption" is the part that most people are unaware of and fall down on.  For example if you contravened a condition of a previous planning permission your right to exemption is effectively void. Also your right to claim an exemption would be void if the windows were being provided in an unauthorised structure or your house is located in an area which is designated as an Architectural Conservation Area.  There are many more. These restrictions must be checked every time one is considering exempt development.  Exempt development is often extremely complex - if you don't beleive me check any section 5 referral to An Bord Plenala where an Inspectors report on a small exempt development issue could easily run to 15 - 20 pages.


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## onq (17 Nov 2009)

sarahjane said:


> Is anyone clear on Planning requirements for windows in a new extension that will be face on to neighbours at rear.



Are you intending to apply for permission or not?
Is the extension two storey or not?

If yes to both of those, you need to talk to your local planning officer.
Local Authorities in different situations and locations can require different things to preserve the amenity of the existing dwellings:

People who shout loudest get heard.
Sometimes its those with least who defend it the most.
Sometimes it ends in legal action by those who think they can afford it.
Sometimes its the planners own agenda, e.g. increasing density by allowing less than 11M rear gardens but preserving amenity for example  by; -


not allowing rear facing windows - a blank face to the existing house
requesting them to be in projecting faces at right angles to the existing house - l"L" shaped plan form to rear
requesting the use of baffles or screens to direct the view to one side or the other - semi obscured bay or oriel window solution.
requesting the cill height to be 1.4M - 1.8M above FFL to prevent overlooking
allowing only rooflights
 If OTOH you are hoping to erect an extension availing of the exempted development regulations, the DOEHLG link to the 2001 regulations is here:

http://www.environ.ie/en/Legislation/DevelopmentandHousing/Planning/FileDownLoad,8797,en.pdf

Arcticle 9 mentioned by Planner is on on P. 11.
Also check out P.  154
SCHEDULE 2
Article 6
PART 1
Exempted Development — General
In particular Classes 1 - 12 (Class 11 may not apply)

However you should also search for other posts on this and other forums which will help you to understand the limitations on the exempted development schedule.
For example Planners post above underlines some of the pitfalls of proceeding without researchinghow the regulations affect previously unauthorised development

The exempted development schedule itself does not point out some less obvious problems.
For example, a flat roof extension with a parapet may not comply if its added on to a single storey pitched roof projection - even where the area limits comply.

The golden rule is: talk to your area planning officer. A pre-planning discussion OR a review of proposed exempted development both require scale drawings for considered comment.
If in doubt or where you think the area planner might be interpreting the regulations too harshly, you can submit a section V referral for €80 to get a formal response for your file - takes a month or so.

FWIW

ONQ.

[broken link removed]


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