# Worth reapplying? Bord Plenala refused permission, any advice ??



## housebuilder (19 Feb 2011)

We applied to our local co council for premission to build a house, permission was granted with no issues.  2 of the 10 Neighbours on the road objected to Bord Pleanala for a number of reasons. Permission was refused based on the reasons below , which were not reasons brought up by the 2 neighbours. 

Decision is below- (interestingly, their inspectors report recommended permission be granted, but they overruled their own inspector!)
1.Having regard to the inadequacy of the road and the necessity   to remove a section of the hedge/banks at this location to secure sightlines, to the width of the roadway, the pattern of existing development in the area, it is considered that the proposed development of an additional house at this location, would endanger public safety by reason of traffic hazard.

2.The proposed two storey development, which would necessitate removal of hedgerow on this narrow roadway where there are deficiencies in sightlines, would seriously injure the amenities of this rural area, and would, therefore, be contrary to P.P.&S.D.

In deciding not to accept the Inspector’s recommendation to grant permission, the Board noted the comments of the Inspector that the provision of adequate sightlines involves the removal of 55 meters of ditch, but the Board did not agree that such removal was acceptable in this case. The Board also had concerns about the construction of a two storey house at this rural location where a portion of the hedgerow had been removed.​Key point is we need to remove the hedge for site lines & visibility reasons as one of our conditions from the council.   And it is not a hedge, in the traditional sense of the word- it is a mound of rubble left over from when the road was build 10 years ago, with overgrowth on it.

Am wondering if we can deal with this bord pleanala issue by removing the rubble/hedge? The council have given us permission to remove the hedge before we apply for another house on same site. And the council road engineers and the bord pleanala inspector have said the road can easily take this house and more. 

Anyone with any experience dealing with Bord Pleanala know if it is worth addressing these reasons for refusal  & then reapplying for same site? Or will the board find some brand new reasons to refuse us again?

Any advice appreciated.....


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## dereko1969 (19 Feb 2011)

it would seem to me that your main problem is actually the 2 storey house rather than the ditch/hedgerow issue. Are most houses in the area bungalows? If so you might have more luck with a bungalow.


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## onq (19 Feb 2011)

I think either you or the Council shoudl think again on the removal of the hedgerow.

Someone or something has raised this hackle on the ABP Member's back, perhaps in the Plan.
In South Dublin for example preserving hedgerows is an objective of the development plan.

There are ways to address this, but its beyond the level of advice I normally offer here.
I advise you to appoint someone with experience of running a planning strategy.

ONQ.

 [broken link removed]

 All advice on AAM is remote from the situation and cannot be relied     upon    as a defence or support - in and of itself - should legal action     be    taken.
 Competent legal and building professionals should be asked to advise in        Real Life with rights to inspect and issue reports on the matters    at     hand.


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## ajapale (8 Mar 2011)

Does anyone with experience of dealing with Bord Pleanala know if it is  worth the OP's time addressing these reasons for refusal  & then reapplying for  same site? Or will the board find some brand new reasons to refuse the OP  again?


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