My neighbour is selling his hairdressing business which has a restriction on it for it to only be used as a hairdresser. He would like to remove this restriction, but I am anxious that other types of businesses might not suit our village. As a neighbour, do I have jurisdiction over what type of new business can set up there?

Val O’Brien writes: I note that the use of the neighbouring property is restricted to a hairdressing business. If this has not posed a problem for you to date, then this is good news in that the use is currently restricted to that and thus your neighbour cannot change this use without the benefit of a new planning permission.

However, your neighbour, or for that matter any person or business that owns or has a legal interest in a building can seek planning permission for an alternative use. You as an individual have no jurisdiction whatsoever over the nature and type of use and this is something that is set by the local planning authority. In this respect, all planning authorities would have development plans which show the type of development that is permitted in a particular area. Such plans are reviewed and updated regularly and there is generally a five-year plan so that one can have a fair idea as to what is permitted within a particular zone.

Given that you refer to a village location then it is quite likely that there will be a mixed-use zone and thus potential for several uses which would be typical or normal within a village setting. However, given the current restriction, your neighbour, or a successor in title in the event of a sale, would have the right to seek planning permission for an alternative use. It is likely that if the use is consistent with the zoning objective for the area that planning permission would be granted.

However, as a neighbour, you will have the right to make observations on the planning application if you have any concerns with what is being proposed. You will also have the option to object and appeal the planning permission to An Bord Pleanála if you are not happy with what is being proposed.

That said, there will be no guarantee that your objection/appeal will be accepted, as the planning authority and subsequently An Bord Pleanála will consider the merits of the proposal as a whole in the context of the zoning for the area. So while you will have the right to be heard and to have an opinion in the event that you are dissatisfied with the proposal, you will have no jurisdiction as such. The decision will ultimately be made by the planning authority/An Bord Pleanála having full and due regard to not only your specific requirements and concerns but to that of the locality generally.

You will appreciate that at this point and in the absence of a planning application being made, there are so many potential options and variables, and you will just have to keep an eye on the situation. This should become clear as your neighbour will have to publicise the application in a local newspaper and will also have to erect a site notice which will alert you to a planning application having been made.

You will just have to review the proposal at that time and decide on an appropriate course of action depending on what is being applied for. If it transpires that you do have concerns over what is being proposed, then you should make your observations known to the planning authority. In this respect, there is a definite procedure to follow, and it would be prudent to seek the advice of a planning consultant at that stage.

Val O’Brien is a chartered building surveyor and member of the Society of Chartered Surveyors Ireland, scsi.ie