# Unreasonable planner



## belemchar (1 Jan 2014)

Hi

Looking for any advise or input please.  

We have an application in with our local county council to build extension, similar have been approved where we live. 

Ours is about 6 foot longer in length than our neighbours as we are a family of 5 so need more room but the planner is so black and white he will not talk to us he will not work with us or try and compromise anything with us or our architect. There is just no talking to him . 

My question is can we ask to speak to someone higher than him?  We are willing to come in some feet but feel its very unfair that he will not even try and work something out with us.

The house which got approved for something very similar last year have no children but we have three kids so need extra space surely to god all this should be taken into account ! Are we just unlucky with the officer we got ?

Any input much appreciated


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## Setanta12 (1 Jan 2014)

Sorry, can't help but am unsure why kids and number of kids are being mentioned.  (Hope you're not trying that argument with the planner)


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## daithi28 (2 Jan 2014)

If a similar sized extension has been granted in the same development, then the Planning Authority have shown that they are open to such extensions in general. Therefore my guess is that your proposed extension has a particular problem which relates to potential for overlooking, overbearing, overshadowing onto adjoining property or excessive bulk/scale. Either that or the design is aesthetically poor.

Just because the Planner doesn’t agree with your plans does not necessarily make him/her wrong. If you are in discussions with the Planner, this means that your application must be on Further Information and was not refused. If there was no possibility of an extension, then it would have been refused outright. A Request for Further Information means that the Planning Authority are open to granting you an extension, subject to some modifications.

When you say that Planner will not talk to you, work with you or compromise with you, then why did he/she bother requesting a redesign by Further Information? Is it a case that you simply don’t want to redesign to the Planning Authority’s specifications?

You choices are to (a) swallow your pride and do what the Planner has requested or (b) refuse to do so. If you and your architect are adamant that the Planner is wrong and that the design as originally lodged is suitable, that see if he/she refuses it and appeal it to An Bord Pleanala. At the end of the day this is a huge financial undertaking for you, so having to wait a few extra months for a “correct” decision from the Bord would be worth it.

Then again, it’s possible that the Bord will agree with the Planning Authority.


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## lowCO2design (2 Jan 2014)

Your architect should set out the reasoning for extension including pre-empting sun shadow diagrams etc, also show the precedences in the area, and write a architectural & planning statement countering the planners issues with the site, submit the extension to planning and if refused go to ABP


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## Orga (2 Jan 2014)

All very reasonable responses - all predicated on the planner NOT being "difficult". So, because Belemchar asked the question about speaking to someone "higher up", I'll try to answer it. Technically, yes, you can attempt to speak to anyone you want in the council. It is extremely unlikely they will engage with you about a live application and the nature of the application. However, they MUST engage with you if your complaint is about the MANNER in which your application is being treated e.g. if the planner is being rude to you. You should consult the council's customer charter and complaints policy for details on this. However, you have no right to require the planner to speak with you. However, you can formally request to meet the planner (put it in writing) to discuss any issues which the planner has raised. You can also decide to withdraw your application, seek a new pre-planning meeting, which might get you a different planner, and proceed with a new application, should you feel that you may be facing a refusal. Alternatively, you can prepare for an appeal to An Bord Pleanala and your agent should advise you on this - be prepared for a protracted process. These are just some of the possibilities open to you. Given that you know the situation best you are best placed to select the most suitable path.


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## lowCO2design (3 Jan 2014)

Orga said:


> All very reasonable responses - all predicated on the planner NOT being "difficult".


if the planner is 'difficult'


lowCO2design said:


> Your architect should set out the reasoning for extension including pre-empting sun shadow diagrams etc, also show the precedences in the area, and write a architectural & planning statement countering the planners issues with the site, submit the extension to planning *and if refused go to ABP*


as Orga, states other than the planner being 'rud' (which really means physically or verbally abusive) you're options are to remove the application or go to ABP


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