Subscriber OnlyProperty Clinic

Some of my neighbour’s planning application appears to be factually incorrect. How can I raise this?

Some of the submission appears to be factually incorrect but we are unsure how to raise these issues

Observations must be submitted within five weeks of planning authority receiving the application Photograph: iStock
Observations must be submitted within five weeks of planning authority receiving the application Photograph: iStock

We need assistance to make some observations on a neighbour’s planning permission submission. We want to ensure that our views are correctly represented. We are not experts on planning or what is reasonable, but we know enough to see that some of the submission appears to be factually incorrect. My friends have made lots of suggestions including solicitors, surveyors, planners and so on, but I have no idea what type of firm to look for to help us. Advice would be very much appreciated.

If you’re concerned about a neighbour’s planning application, particularly where it may contain inaccuracies or affect your property, it’s important to raise observations clearly and within the five-week statutory window. These must focus on planning-related issues rather than personal preferences.

A key starting point is to review the proposal against the relevant local development plan. For example, in Dublin City, the Dublin City Development Plan 2022–2028 outlines detailed design criteria, including for extensions, roof alterations and dormer windows.

Material considerations for objections

READ MORE

When preparing your observation, focus on material planning considerations, such as:

  • Overlooking and privacy: will new windows or raised structures compromise your home or garden?
  • Right to light: loss of natural daylight or overshadowing is a valid concern if your property is heavily impacted.
  • Design and scale: does the proposal reflect the character of the area? Does it breach height or scale guidance in the development plan?
  • Traffic, access or drainage: will the development strain local infrastructure or reduce safe access?

These are the types of concerns planning authorities are required to assess under the Planning and Development Act. Non-planning issues -such as disputes over boundaries – fall outside their remit.

Damian King is a chartered building surveyor
Damian King is a chartered building surveyor

Who can help?

You don’t necessarily need to engage multiple professionals to prepare an observation. A chartered building surveyor, particularly one experienced in planning matters, can help review drawings, assess the impact on your property and identify any inconsistencies with development plan policies. They may also advise if more specialist input – such as from a planning consultant – is needed.

Submitting your observation

Make sure your submission:

  • Includes your name and contact details
  • Clearly states your concerns in planning terms
  • References the application number
  • Is submitted within five weeks of the planning authority receiving the application

You will also need to include the required fee (currently €20).

Planning decisions are usually issued within eight weeks. If permission is granted and you made a valid submission, you may appeal the decision to An Bord Pleanála within four weeks.

For further clarity, your local authority’s website and the development plan documents provide helpful guidance. It goes without saying, but a well-informed submission is more likely to be taken seriously.

Damian King is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland

Do you have a query? Email propertyquestions@irishtimes.com

This column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and it contributors will not be liable for any loss or damage arising from reliance on any content