Extension too big - how effective are planning enforcement?

C

csirl

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The next door neighbour to a relative of mine (adjoining semi-ds) is building a rear extension. A planning search at the local council offices reveals that no planning permission was sought. This particular extension is slightly smaller than the 40 sq m planning exemption. However there is an older extension on the side of the house of c.15 sq m and a combination of both extensions brings them well over the 40 sq m limit. Older extension is c.10 years old and so should be included in the 40 sq m overall limit.

This relative was away from home for approx. 6 weeks and came home to find that the extension is well under construction. External walls in place, roof currently being put on.

Is going to put an objection into planning control of local authority. Relative cannot afford to go to court to get injunctions etc. and is elderly, so afraid of going to court etc. What are the chances of a good outcome through planning control? Anyone any recent experience?
 
Depends on authority, if in Dublin CC where space is at a premium your,e in a good situation, if in sticks may be different.

Why not go to a local TD clinic, and ring authority...
 
Well it depends on the local Co Co or Corpo. They should react fairly quickly and sent someone out to check. The net result will be next door neighbor will not talk to them again and they may have to change the extension/apply for planning. BTW the rules are "the floor area of the proposed extension cannot exceed 40 sq metres.". So you may find while it looks slightly under 40 + 15 sqm outside, the internal size may meet the regulations.
 
OP.

The objection would have to be based on strong planning ground such as overlooking, loss of privacy, loss of sunlight, augmentation to boundaries, affects on services and infrastructure etc. If none of the above are being affected in a significant way its unlikely that the council will require significant changes to the development.

What would happening if an objection is submitted is:
1. a visit from the Local Authority enforcement officer to establish if the development is unauthorised
2. if deemed unauthorised, a letter of enforcement will be sent requiring the works to cease and an application to be made in order to authorise the work.
3. a planning application for retention and completion will ensue.
4. during this your relative can make his/her case
5. a decision will then be made by the council
6. an objectee then has the option to bring the case to An Bord Pleanala.
7. once BP decides, case closed (pretty much)
 
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Apologies for delay in reply.

Relative is an elderly retired woman. Goes away to holiday home for a few weeks every year. I suspect that neighbours took advantage of her absence to start the building project. Neighbour did not have the curtosy to tell her that he was planning anything - I'm sure that its been in gestation for a number of months.

The outcome she wants is for the extension to be moved further away from the boundary wall. As it is now, it overshadows her sitting room window, so light issues, and she also has concerns about damp on both the boundary wall and her rear house wall adjacent to the extension. The extension is almost directly south of her property, so this area no longer gets any sunlight and is getting damp.

Location is urban area in Dublin.
 
Council is statutorily obliged to investigate any complaint concerning breach of planning and make a determination within specified number of weeks as to whether to proceed with enforcement action or take no enforcement action. AFAIK any person can make such a complaint.
 
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