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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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I live on an small estate that has four houses we have owned

Customer Question

Hi Pearl,
I live on an small estate that has four houses we have owned our house for 16 years now. The builder never brought the road, common areas up to scratch so the local county council never took it over. We as residents have weeded, planted hedges cut back overgrown bushes, painted the fence, etc for the last 15 years.
Recently the "owner" sold a right of way to a new home owner opening on to our road on the opposite side of the road to our 4 houses. The road is not wide enough to accomodate cars coming from both sides of the road and the opening will cause a problem for one house as when they will be coming out of the entrance at night the headlights from their cars will be shining directly into this man's kitchen and living room.
When the new home owner applied for planning permission it was granted with the entrance onto the main road to the front of the house. The home owner opened the entrance to the rear without planning permission??
Can you help me?
many thanks
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. Dear Sheelagh, you have a private right of action under the Planning & Development Act, 2000, to prevent this non-compliance with the lack of planning permission. This will give you the right to compel the house owner to close the unlawful right of way and prevent egress directly to the rear onto the roadway. You don't need to rely upon the Council to enforce the planning laws. You can do it yourself by private right of action. So, I would suggest you take legal proceedings yourself and prevent this deficiency in planning permission. You can take these legal proceedings in the Circuit Court and enforce the planning laws yourself. So, I would suggest you see a solicitor and get the solicitor to issue legal proceedings on your behalf against this new owner of the extra house.

Expert:  Buachaill replied 1 year ago.

2. If you are successful, you will be granted an injunction preventing the use of this unlawful right of way by your neighbour. If there are any additional non compliant buildings or roadways which don't comply with the Planning Acts, you can seek to prevent them as well.

Expert:  Buachaill replied 1 year ago.

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