Suing the planning department

P

Parazard2

Registered User
Messages
80
Is it possible to sue the planning department for losses caused by their approval of plans for a neighbour's extension?

Long story short my next door neighbour is building a double extension to a terraced house. The windows at the back of the second storey are now directly overlooking into my tiny yard so we have no privacy there at all. The original windows did not offer such overlooking.

Is there anything I can do?
 
Parazard2 said:
Is it possible to sue the planning department for losses caused by their approval of plans for a neighbour's extension?

Long story short my next door neighbour is building a double extension to a terraced house. The windows at the back of the second storey are now directly overlooking into my tiny yard so we have no privacy there at all. The original windows did not offer such overlooking.

Is there anything I can do?
Click to expand...

what loss have you suffered?
 
Did you object to the plans?

Did you appeal to An Bord Pleanala?

Did you check that they complied with the planning permission as granted?

Brendan
 
Generally, second storey windows are not allowed to be located such that they will look directly onto a next door neighbour. I'm presuming these windows face their garden, but allow a view into your garden, rather than actually facing onto your garden. If they actually face your garden, that would suggest a breach of planning permission.
 
Brendan Burgess said:
Did you object to the plans?

Did you appeal to An Bord Pleanala?

Did you check that they complied with the planning permission as granted?

Brendan
Click to expand...
I didn't object but several other neighbors did. I now wish I had and didn't just trust the Planners wouldn't allow such a breach of privacy. It goes against their policy to allow it as far as I can tell?
I have been complaining about issues of non compliance with what they had permission to build as they were not complying. They have had to amend some aspects of it but not the windows.
 
Seagull said:
Generally, second storey windows are not allowed to be located such that they will look directly onto a next door neighbour. I'm presuming these windows face their garden, but allow a view into your garden, rather than actually facing onto your garden. If they actually face your garden, that would suggest a breach of planning permission.
Click to expand...
Yes exactly face out but are now so on top of us they can see into the entirety of our back
 
Do they have permission for the offending windows?

If so, then you have no case.

You should have objected at the planning stage.

Brendan
 
Of course it's possible to sue. The question is will you win? Have you money/assets? If so, bear in mind that if you lose, you will be lumbered with not only your legal costs, but also those of Local Authority. A best 'guestimate' would be €50/100K.

The only certainty in law, is expense.
 
Brendan Burgess said:
Do they have permission for the offending windows?

If so, then you have no case.

You should have objected at the planning stage.

Brendan
Click to expand...
Unfortunately they do even though they're not exactly as per drawings). But isn't it the job of the planner to ensure they align with policy? Is it my job as a resident?
 
Last edited:
This has to be the worst case I have seen of blaming the government for one's own failings.

You were the next door neighbour. Your observations of objections would have had the most weight. What did you do? Nothing.

Planning permission was granted by the Council , apparently against planning policy. Did you apply for leave to appeal to An Bord Pleanála. No you didn't.

And now you suddenly get all motivated and want to sue the planners.

Brendan
 
Parazard2 said:
The windows at the back of the second storey are now directly overlooking into my tiny yard so we have no privacy there at all. The original windows did not offer such overlooking.
Click to expand...

But the original windows did offer some overlooking??

You say it's tiny back yard, does it really impact you to any great degree? Such yards are typically used for the storage of refuge bins and other bits and pieces.
It's annoying and upsetting for you and hindsight is a great thing, however, it's a lesson learnt for the future.
 
1. I have no doubt that the OP has been inconvenienced and suffers loss.
2. We built a small extension some years ago and had to get a physical letter from our next door neighbours showing their approval of the extension..
 
Brendan Burgess said:
This has to be the worst case I have seen of blaming the government for one's own failings.

You were the next door neighbour. Your observations of objections would have had the most weight. What did you do? Nothing.

Planning permission was granted by the Council , apparently against planning policy. Did you apply for leave to appeal to An Bord Pleanála. No you didn't.

And now you suddenly get all motivated and want to sue the planners.

Brendan
Click to expand...

From the plans I didn't realize how the build would impact in terms of overlooking. This only became clear to me once it went up. I am not a professional in the area... Also I had my own plans of building an extension and seeking permission so was trying to keep good relationships with the new neighbour. I assumed the council would be acting in line with its own guidelines.
But indeed in hindsight I wouldn't trust them or the neighbours and would have been all over it like the other neighbour did (their objections weren't upheld anyway and they now have a wall in font of part of their window btw so it doesn't seem to make much difference anyway).
 
Saavy99 said:
But the original windows did offer some overlooking??

You say it's tiny back yard, does it really impact you to any great degree? Such yards are typically used for the storage of refuge bins and other bits and pieces.
It's annoying and upsetting for you and hindsight is a great thing, however, it's a lesson learnt for the future.
Click to expand...
We will live with it and yes they are tiny but we do use it. Hopefully they won't look out too much. Thank you for the empathy
 
Leper said:
1. I have no doubt that the OP has been inconvenienced and suffers loss.
2. We built a small extension some years ago and had to get a physical letter from our next door neighbours showing their approval of the extension..
Click to expand...
Wish I had neighbors that were as considered as you
 
You can legislate for neighbours if everyone went and got all their neighbours approval for every extension nothing would be built.

They followed the guidelines people had their chance to object and planning was approved , that’s it unfortunately (for you anyway )
 
Purple said:
I would suggest spending as much time as possible lying naked in your garden, feet pointing towards your neighbours new windows.
Click to expand...
I was contemplating some offensive art in the form of a mural facing their window alright :p
 
You must log in or register to reply here.
Back
Top