Objecting to a planned extension by neighbours

Your property queries answered


Q My neighbour has applied for planning permission for a large dormer window, which will overlook our back garden. Our houses are semi-detached. Are there any grounds for an objection on my part? Both their upper storey bedrooms and ours overlook our respective gardens already.

A It appears your neighbours are converting their attic. In this case this involves the provision of a large dormer window, which is a good way of maximising headroom and daylight to the converted space.

However, when any development is being considered, it is natural to be concerned with regard to the potential impactthis will have on a neighbouring or adjoining property. But are there are any grounds for an objection?

In order for an objection to be successful, it must demonstrate that the works would be contrary to the type of development permitted by the local authority, as set out in its development plan, or that if completed the development would seriously “injure” the residential amenities or quiet enjoyment of a property.

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Your concern must be considered by the local authority planners, but this must also be balanced with your neighbours’ right to enjoy and enhance their property. Other factors, such as a precedent for this type of development in the area, must also be considered.

The fact that both properties already overlook each other – and that the proposed development is unlikely to dramatically increase this overlooking – will be taken into account. Based on the existing arrangement, where gardens are already overlooked, I feel it is unlikely that an objection based solely on privacy or overlooking would be successful. This type of development is typical and usually permitted by the local authority.

The submission of an objection, which may not be upheld, may prove to be troublesome in terms of your relationship with your adjoining neighbours and if possible, it may be more beneficial to discuss the works directly with them. With this approach any immediate concerns you may have can be addressed. I would suggest that issues such as soundproofing of the party wall within the converted attic, insertion of support beams into the party wall, protection of fire stopping to the party wall and the like be discussed. These matters should all be clarified prior to any works commencing.

I also strongly recommend that you have the condition of the party wall recorded and agreed between both parties prior to the commencement of works. You should seek the advice of a chartered building surveyor in your area for guidance on these matters.

Noel Larkin is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI)

Insulation issues

QI am looking for guidance in relation to insulating my period property. I have been advised that eco-friendly/breathable materials are more suitable then standard dry lining. Given that eco-friendly/breathable materials are quite expensive, what are the advantages of these materials over standard dry lining and do you think this would be a good investment to avoid future problems? Any other advice you have regarding how I could warm my insulated property would be greatly appreciated.

A There is always going to be a conflict of technologies when applying modern building materials/ solutions to period properties. Modern building technologies deal with water ingress and heating of buildings in completely different ways than those used in period buildings.

Dry lining using modern materials in period buildings is done and continues to be done. However, it is not an appropriate solution and although one gets a nice finish internally, in the medium term the masonry walls’ ability to deal with water is compromised. This leads to problems, and in some cases these problems can be very destructive leading to dampness, dry rot and other destructive pathogens. In short dry lining period buildings with modern materials is not an appropriate solution.

In modern buildings, when dry lining using modern materials, the main criterion one seeks to achieve is an energy-efficient finish that loses the minimum amount of heat through the fabric using the minimum amount of energy to maintain the internal room temperature.

One of the essential ingredients in this scenario is to ensure that the building envelope is sealed, thus assuring that the loss of heat is kept to a minimum.

Air exchange, one of the key elements to consider when looking to reduce the loss of heat in your property, is always an issue. Our properties must be well ventilated to ensure serious health issues are avoided. Finding the balance between both is the key, but can come at a cost (installation of an automated air exchange system) if simple measures such as opening a window are not desirable to the property owner.

In period properties, however, the scenario is different. The very make-up of the fabric of these buildings allows them to breathe. The interaction of the materials was for the most part well thought out and ensured that these buildings, once maintained, would last. Thus the introduction of the modern methods of insulation designed for modern buildings will not work in period properties.

The use of eco-friendly and breathable materials, preferably manufactured from naturally occurring sources, is a better solution when seeking out a reduction in heat loss within a period property. It is essential that the building’s fabric is allowed to breathe so the use of breathable insulation is essential in this case.

Once the insulation is affixed to the manufacturer’s specification and other simple measures such as closing the window shutters or curtains at night time are carried out, then a good measure of energy savings can be achieved.

Organisations such as Historic Scotland have undertaken extensive case studies on various different types of insulating materials applied to historic buildings. The results of these studies were largely positive.

In all cases it is advisable to consult with a professional such as a building surveyor with experience in conservation, as each period building is different in its requirements.

David Humphreys is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI)

Send your queries to propertyquestions@irishtimes.com or to Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2. This column is a readers’ service. Advice given is general and individual advice should always be sought