# Appealing Planning Permission



## bohsboy (9 Jan 2006)

Hi all,

New here and not a great knowledge on planning permission laws and just wondering if someone could point me the right way.

I live in Littlepace in Clonee and bought the house 8 months ago. Most of the houses around us are rented to non nationals and in fairness it's a very quiet cul-de-sac. We live third down in a row of five houses with huge back gardens. The first two houses on our left are rented out but while walking past one of the houses today I noticed a tiny planning permission application placard in the garden stating that the owner wanted to knock the adjoining gardens and build two semi detached houses in the back gardens running right up to our back garden (sorry if it sounds confusing!!).

The notice apparently was placed on the 9th December and has a five week time limit. Obviously we have up until Friday to appeal. I phoned Fingal County Council Department but it was closed at 3.30. My arguments are that our back garden view will be totally destroyed. Our side wall to the adjoining houses is only 4 feet so we will be slap bang in full view of another house only a couple of feet away. The value of our house will definitely be adversely affected, car parking in the cul de sac is dreadful with cars all over gardens, paths and driveways, two new houses will only add to the problem.  The noise and dirt for another couple of years just does'nt bear thinking about only ten feet from our back door.

Anyway, I'm calling Fingal County Council in the morning with regard to appealing. Just wondering how the process works and what, if any chance have I got of stopping this. Neighbours are all renting so they dont care and we're on our own on this.

As we have only four days now I'm really looking for some advice on this!

Cheers,

Mick.


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## DrMoriarty (9 Jan 2006)

See . You want to register an _objection_, not an appeal. You can only appeal once planning permission is granted — and I'd advise you to get an objection in beforehand. Try to get a letter and your €20 fee to them by close of business on Friday — by hand, if possible?

You may find arguments to support your objection in the Co. Council's latest [broken link removed].


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## bohsboy (9 Jan 2006)

Cheers Doc, thanks for info. What do you reckon are chances of applications such as these being stopped? I know not being able to view does'nt help but can these in general be halted?

Thanks,

Mick.


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## runner (9 Jan 2006)

If he has independent access, which he has, and if its compatible with the development plan with the area, and if it leaves the statutory amount of back garden with existing house, and if it does not back-to-back overlook yours, then he may have a good change of approval for maybel one house on the corner. Unlikely to get 2, as this would constitute the start of a seconary terrane of houses which definatley would not be in local dev plan...
Get your objection in right away!


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## Rocksby (10 Jan 2006)

Well make sure you get your objection and €20 in straight away. If you dont you will lose right to appeal to An Bord Pleanala if the development is granted permission by local authority.


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## extopia (10 Jan 2006)

You need to make your objection in writing, accompanied by the fee. Make your arguments as clearly as possible, accompanied by diagrams if necessary. List all the points you can think of - especially if your property will be overlooked or light blocked.


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## Vanilla (10 Jan 2006)

If it were me I'd immediately consult a local engineer to view and give help in the submission of the objection. They may have alternative and valid points that you could use as the basis of your objection. Make sure you get a copy of the planning application before the consultation and bring in a map of your property so the engineer can assess it properly- he or she may need to visit the site too.


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## davidoco (10 Jan 2006)

see the following google search

=

go through some of the reports and copy out any of the jargon you can find about overlooking, light, parking, county planning, good planning. Also make comments about the site notice being incorrectly placed, too small or blew down and was not replaced. 

I had a look at the fingal site and he is only looking for OUTLINE permission which is an indication that he is not too hopefull, just chancing his arm.  Get your obser. in asap.  Mention that he is not living at 90 and it is speculative.  I wonder is this the same person [broken link removed]
you must state that 90 is rented out. 

Do you own objection. You can then get an engineer if they get permission and you need to appeal to an bord pleanala.

stuff like this should go in

The application is not valid because the true position of the constructed houses is not correctly shown , Residential Density Guidelines, namely the need for qualitative standards, the requirement that a residential scheme should make a positive contribution to its locality and particularly the recommendations with regard to sunlight, privacy and avoidance of overlooking.


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## bohsboy (10 Jan 2006)

Thanks so much for all the help. I phoned Fingal County Council who told me there has already been two objections by other neighbours in the area. The date has also been pushed back 9 days due to the Christmas break.

I like the idea of an engineer but where can I get one? Are they listed under "engineers" anywhere?!!

Thanks again.


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## Vanilla (10 Jan 2006)

They would be listed under civil engineers I suppose, although a personal recommendation would be better- did you use a local solicitor to purchase your house- if so they might be able to recommend someone over the phone- and you might also consider ringing those two neighbours who did object and see if they might like to contribute to the cost.


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## Rocksby (10 Jan 2006)

I would recommend you get a planner to help with any submission or appeal. Afterall it will be planners who judge the application. You will find plenty of planning consultants on [broken link removed]


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## Vanilla (10 Jan 2006)

Planning consultants are the absolute experts in the area, there is no doubt about that, however you must balance this as against the likely fee charged. Perhaps ring and get a quotation. In my experience, planning consultants are usually called in where there are quite a few people to share costs, or in the case of a developer with rather bigger pockets than your average householder.


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