Q. I live in a small, gated estate with some 15 houses. Three months ago, I did some work to the side of the house. The work did not really change the look of the property and so I did not think I needed planning permission. I have now received an enforcement notice in the post from the council and they stated that two people had called about the work I had completed on the property. While the council were very courteous, they confirmed that they could not let me know who the callers were. Do my neighbours have a right to get involved in our business?
Dear Reader,
One would think that you should be free to deal with your property without meddlesome neighbours or onlookers, however, unfortunately such is not the case. There is no law against other people literally getting involved in your affairs where property, and in particular, changes to your property, is concerned.
Once the enforcement notice is served, the local authority also have to write out to the parties who complained. It is quite astonishing that you on the other hand are not entitled to know who actually complained.
It is also quite amazing that the third parties who telephoned to complain about your property are actually kept notified of how matters are progressing. Highly unfair but that is the way the legislation is fashioned.
You should note that the enforcement notice takes effect on the date of the service of the notice. If you fail to comply with the requirements of the notice within a specified period, you can be guilty of an offence. Ultimately, the council may be entitled to seek to remove the structure or addition complained of.
Your best option may be to apply for retention permission for whatever work has been completed. You are entitled to know the identity of persons who object to your application for retention permission.
There is no requirement that either the people who initially informed the council of the structure, or any objector to any retention permission, to be neighbours at all. In fact, they could be from anywhere in Ireland.
There have been numerous accounts in the media of so called ‘serial objectors’ who reside nowhere near the development. Often these are for laudable aims, such as environmental protection. However, there have been cases where objections have been made in anticipation of being paid off. Hopefully yours in not such a situation.
You should speak to your planning consultant/engineer to ascertain precisely what portions of the addition require planning permission.
