Confused about planning regulations for height of garden wall

QThis is a simple question, but one I've been unable to find clarification on. Planning regulations state that a wall or fence at the rear of a property requires planning permission if it is to be more than 2m in height. Does this refer to the internal or external height of a boundary, or to the higher or lower of these?

To illustrate, the ground level at the rear of my house slopes downward and the garden is set at a higher level than the laneway behind. Standing outside the rear wall it is 2m high, but standing inside it is only 1.4m high, with the effect that taller people and objects near the boundary on the inside are clearly visible to those on the other side.

Do the regulations mean that the wall can't be raised higher without planning permission, or is it permissible to raise it another 60cm so that the internal height becomes 2m, and the external height 2.6m?

A Class 5, Part 1 of Schedule 2 of the Planning and Development Regulations 2001, as amended, provides that the construction of a wall or fence within or bounding the curtilage of a house is exempted development, subject to certain limitations, including that such wall or fence does not exceed 2m, or in the case of a wall or fence within or bounding any garden or other space in the front of a house, 1.2m.

This provision only allows a wall or fence to be constructed on lands bounding or within the curtilage of the dwelling. This provision is open to interpretation, and its intention is unclear in circumstances where there are varying ground levels outside the curtilage of the dwelling.

The most likely interpretation from the planning authority, or An Bord Pleanála on referral, is likely to be that the height of the structure cannot exceed 2m when measured from the ground level outside the site, ie the lower level. This interpretation may be taken in the interests of protecting neighbouring amenities.

It would be possible to seek a “Section 5” Declaration to ask for a determination from the council as to whether raising the height of the wall is exempted development. Section 5 of the Planning and Development Act 2000, as amended, states that if any question arises as to what, in any particular case, is or is not development or is or is not exempted development within the meaning of this Act, any person may, on payment of a fee of €80, request in writing from the relevant planning authority a declaration on that question.

It should also be noted that Articles 6 and 9 of the Planning and Development Regulations 2001, as amended, provide for specific cases where exempted development provisions provided under Schedule 2 of the Regulations will not apply, eg where the proposal would contravene the condition of a planning permission, would cause a traffic hazard, etc. These provisions should be examined in respect of the proposal. John Spain is a member of the Society of Chartered Surveyors Ireland (SCSI) Planning & Development Professional Group

Mix for listed

Q I own a 372sq m (4,000sq ft) renovated listed building (circa 1880) in Dublin 4, which is currently let as four own-door offices. I am considering converting two of the office units into one residence for my own use.

What is the process for getting change of use from offices to residential? And what are the implications for Dublin City Rates? Do these disappear for the residential part of the building? And does LPT then apply to just that part of the building? What other issues need to be considered?

A The good news is that the planners are generally in favour of returning period buildings to their original residential use, although their preference is usually to have the property returned to single use rather than multiple units or split between residential and commercial use (as you propose). Check out the Dublin City Development Plan.

It is advisable to engage a conservation architect for any works on a listed building. Your architect will have the experience required to prepare a planning application and to deal with the various conservation, accessibility and other issues that will arise. The Irish Georgian Society may also be of assistance.

Your chartered surveyor can deal with the rates. Effectively the part you convert to residential will no longer be liable for commercial rates, but there is a formal revision process to go through. The residential part of the property will then be liable for LPT, water charges etc.

Residential use has a higher fire risk than office use – occupants are more likely to cook and sleep at home than in the office, so you will need to consider the insurance implications. A building surveyor will also be able to advise you on building regulations.

Simon Stokes is a Chartered Residential Surveyor and chairman of the Residential Agency Professional Group of the Society of Chartered Surveyors Ireland (SCSI)

Clarification

Last week a response published in Property Clinic advised readers about the compensation schemes available to landowners hosting electricity transmission infrastructure, eg electricity pylons. It has been brought to our attention by EirGrid that a significant amount of the information provided referred to a “Notice to Treat”, which does not apply in the context of electricity infrastructure.

EirGrid has supplied the following information: "There are a number of different kinds of compensation available to landowners affected by electricity transmission infrastructure, including a new payment announced recently by EirGrid in response to public concerns as part of its Community Gain Scheme.

“Landowners are entitled to be compensated for a line crossing his or her land. Once planning permission is granted, and prior to construction, the landowner is served a wayleave notice to enable electricity lines to be constructed over private property.

“Under the Electricity (Supply) Act, 1927 (as amended), if the landowner is not satisfied with the amount of compensation offered, they can refer the matter to the independent statutory arbitrator.

“Unlike road schemes, land is not compulsorily purchased; the landowner still retains ownership of the land over which the line is placed.

“It is also recognised that having pylons in a field can interfere with farming practice. That is why compensation is also provided to farmers through annual Mast Interference Payments administered by ESB Networks.

“Separately, EirGrid has also recently announced a Community Gain Scheme, which has two elements. One of these consists of a once-off payment to owners of occupied residential dwellings within 200 metres of new overhead power lines.

“The other element is the establishment of a fund for communities affected by new transmission infrastructure. Full details of this scheme have yet to be published.”

Paul Good, chartered surveyor and original respondent to the query adds: It would be foolish not to appoint an independent valuer to negotiate the compensation in particular where pylons are being placed on the land. Compensation payable will need to be agreed upon as there is not only the environmental aspect to consider, but also the impact on health and safety, and the diminution in the value of residences in the area. Most Local Authorities appoint valuers to negotiate on their behalf the compensation payable in respect of wayleaves.

With regard to Title, a wayleave is a burden on the title to the land because of the restrictions that apply as a result, and the implications for future development of such land.