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?
Loss of privacy as the new windows look straight into my garden due to the new proximity and potentially also loss of some value of my propertywhat loss have you suffered?
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?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
Yes exactly face out but are now so on top of us they can see into the entirety of our backGenerally, 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.
And also potential loss of value in my propertywhat loss have you suffered?
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?Do they have permission for the offending windows?
If so, then you have no case.
You should have objected at the planning stage.
Brendan
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.
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
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 empathyBut 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.
Wish I had neighbors that were as considered as you1. 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..
I was contemplating some offensive art in the form of a mural facing their window alrightI would suggest spending as much time as possible lying naked in your garden, feet pointing towards your neighbours new windows.
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