Re: Farmer erected an 18' high wall of round bales 15 ft from my house blocking sea v
Well done on that Forjon!
I seldom deal with planning issues re agriculture and its always useful to learn something new.
In relation to the OP, no you are not entitled to a view unless it is a listed view and even then its usually listed from a particular viewing point so you may need to check with the planning authority in relation to whether any apparent infringement is actually an offence under the regulations.
In relation to the annoying farmer, I'm not well-versed in such disuptes, but I am reasonably experienced in relation to helping to defend a townland against unwarranted speculative development.
You may find it useful to form a local area development action group.
You may be well-advised to base your position on established planning primciples of any development beign supported by the timely provision of access, drainage, services anc community facilities and support structures, including landscaped public open space, shopping, employment, health and education facilities - the current Adamstown Plan is an example of this on a large scale.
You don't want to facilitate a carpet of suburbia or see your community end up a dormer town for somewhere else.
Whether or not this is in fact the current postion, your group - as well as dealing with new applications for apparently unsuppoerted speculative development which will make this tendency worse - could develop into a local pressure group on a medium term basis to ensure facilities are provided to your community in a timely manner.
The purpose of this group should be - inter alia - to; -
- watch out for unauthorised development in the area
- monitor new and existing planning decisisons
- review the County Development Plan and Local Area Plan(s) for current status, proposed Variations during the life of the plan and New 5-year Plans.
- promote the orderly development of your area in accordance with enlightened planning principles based on understanding the mistakes of the past, including the Lesson of Tallaght.
This kind if input takes time and commitment - allow three years to see some results - don't worry, time flies.
A group of at least 10-12 is required to carry out all these functions without crippling any one individual with workload.
Ideally you should get a local architect or planning consultant to join the group or speak to the group on a pro-bono basis, offer advice and draft submissions including; -
(i) draw up submission on the area plans and CDP and variatons,
(ii) lodge planning observations
(iii) lodge planning appeals
(iv) attend and comment at oral hearings
In order to establish some legitimacy in the area you could; -
a) form an association and invite memberships
b) call a public meeting and seek a mandate or, at worst
c) conduct a survey and obtain local people's views on development in the area.
In order to make the group more effective, you could hire a facilitator for a day and focus the members defining their perceived roles and aims and how best to achieve them.
The group should meet locally every week to keep a finger on the pulse and some pub will have an unused meeting rom you can blag and then pay for by staying for light refreshments after the meeting, which should run for about two hours from 8-10 p.m.
This may include:-
1. adopting a position regarding unsupported speculative development - so called "maverick rezonings"
2. Contact the Council all landowners and developers with known interests in the hinterland and publicise your position with notices in the local shops and newspapers, on the national and local radio stations and TV is possible.
3. Formally object tp at least one speculative development stating the basis in planning law for both your objection and the position adopted by the development action group.
4. Draw upa local area plan showing the groups aims and aspirations for the area and submit this to the Local Authority.
This will set out your stall and it may give even your neighbour pause for thought.
In relation to the OP's not-so-nice neighbour I understand he is a farmerand one should consider monitoring his land for pollution activities, including slurry disposal, effluent run off, water quality in ditches, fumes and smoke from buring activities, leaving roads in a dangerous condition adjoining his land, etc.
In this regard in law you are in a strong position because "coming to the nuisance is no defense" or so I was taught.
Research, organize, act.
Oh, and - enjoy!
ONQ.