height of neighbours extension

Just an update and thanks to everyone for their interest. I don't think this situation is going to work out well for us but the info I found out might be of use to someone else at some stage. According to the council, the wall only has to be a metre back from our boundary fence if it has a window. If it is over ground floor level it has to be at least 2 metres back. Now the question is what exactly constitutes above ground floor level, ie how high can the wall go and still be right beside our boundary. As I pointed out to council a ground level extension could have a very high ceiling.

Anyway the enforcement section said if I wrote in they would consider coming out to have a look, but that if it doesn't have a second storey, its probably allowed. I contacted a couple of architects, 2 of whom said they did not become involved in neighbours' disputes. I eventually found one who quoted an unbelievable amount. We also contacted our solicitor, who recommended another architect but advised that as they went ahead so fast, we are really in a no win situation . We would now be in a position where they would have to demolish a fairly advanced construction, given that they told us so late and would not let us see the plans.

We are going to get this architect to come out to have a look though, at the very least to satisfy ourselves about issues regarding the foundations. Still feel depressed every time I see that bloody wall. Surely light from the south is an important thing in a house. Seems unbelievable that someone can just take it. Thanks again for all the replies.
 
There is a basic rule of thumb regarding the right to light that if you take a line from the bottom centre of any window and travel in a 45 deg angle, the adjoining structure should not encroach on this line.
The problem here is the legal standing to a 'right to light'... ive seen an bord pleanala quote it in some decisions but i cannot find its standing in any planning reg or law...



if only this applied here...... ask your solicitor..... and id continue with the enforcement process, you have nothing to lose.
 
There are a number of other things you can investigate that might help your case with the enforcement officer:
  • Where the house has not been extended previously the extension should not exceed 40m² - this is worth checking, as if they are not showing you the plans it could be the case that they are hiding the fact that the extension exceeds this area... can you estimate from the length and breadth of the extension what the floor area might be?
  • The construction or erection of the extension to the rear of the house shall not reduce the area of private open space to less than 25m²… can you estimate how much rear garden your neighbour has after the extension is completed? Is it less than 25m²? If so, it is not exempt from the requirement to obtain planning permission.

It is highly unlikely however that any of these comments will result in an extension being halted or removed. You might be able to make things difficult for them only. Even if it is not exempted development, it is likely that your neighbours will just apply for retention permission for the extension – where they can get planning permission retrospectively.
 
You must log in or register to reply here.
Back
Top