Archive for July, 2009

Do’s & Don’ts of Writing a Planning Objection

Not In My Back Yard

So your neighbour is building an extension.. You’ve taken a look at the drawings and don’t like what you see – what is the most effective way to tell the planner about your concerns? The first rule of good communication is to make sure you’re talking the same language.

The planner is looking out for anything in an application that might limit other people’s ability to enjoy living in that neighbourhood – this is called residential amenity and includes issues like size, height, appearance, parking, traffic and size of garden. Take a look at ‘How Do I Object to a Planning Application?’ or your local Development Plan for more information.

I’ve dealt with many planning applications and appeals for clients, often succeeding in achieving permission where others have failed or successfully appealing proposals that had previously been refused. I’ve been on both sides of the fence – defending applications and objecting to unsuitable proposals by others, on projects of various types and sizes. I’ve read hundreds of observations / objection letters and there is just one golden rule:

An objection to a planning application must be made on planning grounds!

What does that mean? Well, here’s an example of what not to do:

Dear Sirs,
I am outraged, incensed and flabbergasted at the proposed atrocity that my neighbour, Mr. A. Pratt, wants to build as an extension to his house. Never before in my whole life have I felt so betrayed – he promised when he moved in that he wouldn’t make any changes to the property ever! Now, only a year later – this!! And to think that I lent him my lawn mower only last week and he never even mentioned what was on the cards – it is despicable, cowardly behaviour and will not be tolerated. I don’t think he even returned the mower, so you see what kind of person he is!!!
This has always been a nice, quiet neighbourhood and there has never been anything like this monstrosity to bring down the tone – I should have guessed how it would be when he first drove up in a Skoda. Quite apart from having this abomination looming over my home, which I have been living in for 15 years, it will also overshadow the garden resulting in a Vitamin D deficiency for everyone in the household.
It presents a very real danger to the health of residents and in particular my son, Tiny Tim. He is a delicate child and I shudder to think what having a building site next door will do for his Tuberculosis – to say nothing of the risk of tinitus from drilling or being run down by heavy machinery, when he is playing hop scotch or Hoop-la in the street. Dear God – won’t someone please think of the children!
It is your job to prevent the lives of ordinary citizens of this town from being destroyed by this kind of callous behaviour and if you do not stop this hideous carbuncle from blighting the neighbourhood, I will be taking my complaint to the highest possible level of authority.
Yours Objectingly,
Mr. Crabb

Now this person (entirely imaginary, I might add) has real and legitimate reasons for complaining about the neighbour’s application but they don’t come across in the letter, as the bulk of the comments are emotional and, therefore, not relevant to the planner.

Think about how a doctor might deal with a patient when he gives him bad news – he won’t burst into tears and tell him how terrible he feels about it all. He maintains a professional detachment from the patient’s cirumstances and doesn’t get emotionally involved.

The planner makes a decision on a planning application in the same way – he considers issues that impact upon residents based on planning concerns, not on the emotions behind them. By focusing on how you feel, you may miss the opportunity to make a legitimate complaint and undermine your credibility, to boot. And don’t forget, your letter goes on public record and an initial, angry reaction on file for all to see may make it difficult to resume friendly relations after..

I would recommend keeping the letter as simple as possible – stay cool, calm & detached. No emotion, no personal slurs, no multiple exclamation points. Probably not a good idea to threaten the planner either.

Let’s take a look again at how the issues raised in the letter above can be written in way that makes it easier for the planner to take note:

Dear Sir,
Re:  House Extension at 265 Accacia Drive, Homeville by Mr. A Pratt (Ref. HV09/100)
I would like to make an observation on the above application, on the following grounds:
  1. The proposed extension is out of keeping with the visual appearance of the area – this is an established residential area and there is no precedent for this kind of development.
  2. The size of the extension is out of scale with the existing and neighbouring properties – both in terms of height and overall size.
  3. The extension will overshadow the garden of my property preventing the use and enjoyment of this amenity space.
  4. The construction process presents potential hazards in the form of building dust, noise pollution and movement of heavy machinery in a small residential street, where there are a number of children resident.
On this basis, I would not consider this proposal to be in keeping with proper development of the area and would ask that the application be refused. I enclose the required fee of €25.00.
Yours Faithfully,
Mr. Crabb

It really doesn’t have to be more complicated than that. Not all of these issues warrant a refusal – construction noise / traffic, for example – but the planner can add conditions to the permission to limit working hours and exposure to any hazards. Some people hire an Architect to write the initial letter of objection but, in my opinion, it isn’t always necessary. The important thing is to register your concern and to make sure the points in your letter relate to the areas of ‘residential amenity’ that the planner is looking to protect. If in doubt, get a professional opinion.

If the initial objection is unsuccessful and you want to Appeal to An Bord Pleanala, I would certainly recommend having an architect put together the documentation, as the requirements at this stage are usually more detailed and the architect will have more experience of how best to challenge a successful planning application.

And remember, a neighbour getting planning permission to extend is not necessarily a bad thing! It can establish a precedent that makes it easier for you to make changes to your home or can highlight its potential to buyers, if you’re selling.

Did you find this article useful? Do you have any suggestions for articles? Please leave a comment with your thoughts on this subject or any other home improvement or design issues you’d like to know more about.

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How Do I Object to a Planning Application?

planning_app

Most of my advice here on the blog is designed to help homeowners spot and take advantage of the potential in their homes but what if the boot is on the other foot? What if it is a neighbour who is adding space to his home in a way that will impact on yours? What action can you take?

Well, the Irish Planning system gives you two opportunities to lodge an objection to an unsuitable planning application – firstly, through the planning process at your local Planning Department and then, if you feel that your comments have not been given full consideration, through An Bord Pleanala. Here’s how it works:

Objecting to your Local Planning Department

When a planning application is lodged, the applicant must advertise the fact in two ways – an advert in a local or national newspaper and a sign at the front of the property, visible from the public footpath. For the first 5 weeks of the application, the drawings are available to view at the local planning office. Many Planning Departments now have this information online, making the process even easier.  Anyone can take a look at the drawings and submit an Observation about or an Objection to the application – the fee is €25.00 and the objection must be received by the Planning Department within the initial 5 week period.

There is no official format for making an observation or objection – you simply write a letter to your local planning department, quoting the reference number on the planning file and listing the issues you are concerned about.

When weighing up a planning application, the planner considers what a homeowner wants to do to his home in relation to something called ‘residential amenity’ – in simple terms, this means the ability to enjoy living in your home and neighbourhood.

The factors that contribute to ‘residential amenity’ are laid out in the Development Plan (available at your local planning department counter and to view on-line) but here are the basics:

  • Height – will it be taller than the existing or surrounding houses?
  • Scale / Massing – will it be bigger and bulkier than surrounding houses?
  • Visual Appearance – will it be in keeping with the colours & materials of houses in the local area?
  • Overlooking – will they be able to look in the windows of your house from the new extension,  especially at the back and at first floor level?
  • Overshadowing – will it cast part or all of your home or garden into shade?
  • Traffic – will it create a lot of additional traffic particularly on a quiet street?
  • Parking – are there existing parking problems that will be made worse?
  • Private Garden – will the reduced garden size meet planning standards?

At the end of the 5 week period, the planner reviews the application taking account of all information submitted – the application and observations / objections – and has a further 3 weeks to make a decision, 8 weeks in total from the lodgement date.

At this point, if you feel that the decision did not take full account of the issues raised in your observation or objection, you can appeal to An Bord Pleanala.

Appealing to An Bord Pleanala

The typical planning process takes 8 weeks, as described above, at the end of which the Planning Department will issue either a Notification to Grant Permission or a Refusal – there are other alternatives that could arise at this point and, for more information on these, please take a look at ‘How Long Does Planning Permission Take?

If you have already made an observation or objection to the planning application, and you are not happy with the decision, you can submit a Third Party Appeal to An Bord Pleanala. Note: if you have not submitted an observation or an objection to the original application with the Planning Department, you cannot make an Appeal to the Board.

The fee for lodging an appeal is currently €200 (check www.pleanala.ie for up-to-date information) and it must be submitted within 4 weeks of the Planning decision. Typically, it takes 16 weeks for the Bord to reach a decision and uring this time the applicant will be notified, asked to respond to the issues raised in your objection and you will have a further opportunity to address any items raised in their response.

At the end of the 16 weeks, the Board will make its decision and notify all parties. In some cases, where the application in a complicated one, the Board will ask for an extension of the time required to make a decision – although this is rare in the case of typical house extension projects.

Check back soon for advice on the Do’s and Don’ts of Writing a Planning Objection.

Did you find this article useful? Do you have any suggestions for articles? Please leave a comment with your thoughts on this subject or any other home improvement or design issues you’d like to know more about.

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Elephant in the Room 2: Spaced Out

Size Matters

In the first of the Elephant in the Room series, I talked about common problems to watch out for with home extensions. This week, I’m looking at the problem of lack of space – it’s the No. 1 reason given by homeowners for moving or extending but often the real problem lies in the type of space we have and how we use it.

When it comes right down to it – how much is enough?

There’s a famous quote by architect Mies Van Der Rohe – ‘Less Is More’ – I take this to mean there is a richness and a quality in simplicity. It’s a mantra that can be applied to your home, how you dress, even how you live your life. A former boss of mine was fond of quoting it in reverse – ‘Too Much Is Never Enough’ – and in a way this version is more revealing and says more about how we live our lives today.

It always makes me think about how, whenever I got a pay rise in the good old days, it didn’t put more money in my pocket because I’d automatically adapt my lifestyle to suit the new level of wealth, however small that increase might be! The same principle applies to our homes – the more space we have, the more we adapt to fill the space, creating a ‘need’ for even more space!

Simplicity is about making choices – it’s as much about what we don’t have, as what we do. In the good times, we don’t have to choose and so we indulge, we accumulate, we expand. In doing so, we lose the ability to evaluate between one choice and another.

When we experience constraints in life – and who isn’t feeling the pinch, at the moment – our choices are reduced and we prioritise those things that are fundamental to our well-being or our values. In many ways it is a positive experience – by stripping the excess away we put greater focus and value on what remains.

Less becomes more.

Fewer available choices re-tunes our ability to decide what is of most value to us but more importantly, it teaches us to tackle our problems from a more creative point of view.

I’m seeing a lot more ingenuity in how people design and / or use their homes at the moment and, in particular, how they tackle the problem of making more out of less space.

Take this apartment in the Marais district of Paris, where 2 adults, 2 children and a dog live in a home measuring only 40sqm..

Courtesy of Apartment Therapy

Courtesy of Apartment Therapy

When Apartment Therapy published this article, it sparked a raging debate amongst readers about whether it is possible, legal, moral for a family to live in such a small space and even if it was cruel to the children, the dog or both!

For me there are three key criteria that contribute to the success of this home:

  1. The owners recognise that some activities require space to function properly and others can do without – so the living area is a large multi use room and other rooms become small and functional.
  2. The integrated storage means that everything has a place and by building it right up to the ceiling the space is used efficiently – see below how creative they’ve been in using every available inch.
  3. The apartment is located in one of the most sought after areas of Paris with excellent amenities and, presumably, the owner’s work environments, all within walking distance.
Courtesy Apartment Therapy

Courtesy Apartment Therapy

The owners have clearly made informed choices (and sacrifices) in opting for this type of home but they haven’t sacrificed style, quality or creativity.

The Paris apartment has lots of ideas for making the most of a small space and this is another favourite project – The Remainder House in British Columbia by Openspace Architecture – where big value has been leveraged out of a small home.

Courtesy Openspace Architecture

Courtesy Openspace Architecture

Have you ever walked into a room or a house and there was something about it that was instantly appealing? Some spaces just feel right and often it has nothing to do with the size of the room but the quality of natural light. A small room with good natural lighting is much more pleasant to be in than a large room with poor light.

Although the footprint of The Remainder House is modest (under 110sqm) it achieves the sensation of space by doing something rather clever – it borrows it from the outside. Instead of creating a large living room, for example, it has a cosy living space with full height windows that blur the boundary between inside and out – the outdoor space then becomes part of the indoors without the expense of building additional floor area!

Courtesy Openspace Architecture

Courtesy Openspace Architecture

In this case, the dramatic forest landscape adds significantly to the experience of using the living room but there is no reason why this idea wouldn’t work in an urban or suburban house project, creating a dynamic connection between house and garden.

So here are some things to consider if you feel you need more space in your home:

  • De-cluttering – a simple way to create space is simply to get rid of the things you don’t need. Think charity shop, Freecycle or earn a few extra pennies by selling items on E-bay or taking them to designer exchange outlets;
  • Storage Space – by creating dedicated storage space for your possessions you can prevent them from cluttering up rooms. Don’t forget to use all the space available – recesses, space under stairs, high level storage options etc.
  • Natural Light – is there enough light in the room and can you create more? The ideal is to have light coming from 2 directions, eg. 2 different walls or a wall and the roof. If it is a main living area, look at creating the illusion of more space by using full-height glazing to connect the room with the garden.

For more ideas on making the most of your home, take a look at our article on Home Potential in the new issue of ‘Decorate & Improve Your Home’ Magazine.

Did you find this article useful? Do you have any pet peeves about housing design? Please leave a comment with your thoughts on this subject or any other home improvement issues you’d like to know more about.

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I'm Angela Carr - a fully qualified Architect with a passion for good housing design - and I believe creating a beautiful, functional home needn't break the bank.

As well as providing design and planning advice here on the blog, I conduct home design consultations and seminars, and also write for Interior & Home Improvement magazines.

If you'd like my help with your home, please drop me a line at the address below - I'd love to hear from you.

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