# CoCo Planning Dept failed to notify me of their decision to grant PP, cant appeal.



## Alicec (17 Jan 2012)

My CC Planning dept failed to notify me of their decision to grant Planning Permission for a very large civil project, although I had correctly submitted an objection.

The deadline for appealing to An Bord Pleanalla has passed and they will not change their rules. 

My legal right to appeal has been denied by the CC and all I get is an aplopgy! What are my options?


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## One (17 Jan 2012)

Do you mean "My CC Planning dept failed to notify me of their decision to grant Planning Permission" or "My CC Planning dept failed to notify me of their decision not to grant Planning Permission"? I am guessing it is the latter.

I know this is probably not very helpful advice but I would meet with the engineer in charge and look at the reasons for the decision not to grant you permission, see if you can make acceptable alterations, and then re-apply to the County Council for planning permission again.


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## ajapale (17 Jan 2012)

Hi AliceC and welcome to AAM!

Ive expanded your title somewhat to more accurately reflect your question. Let me know if the new title is ok.

Is the planning authority obliged to inform objectors of their decisions?

aj


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## Leo (17 Jan 2012)

One said:


> Do you mean "My CC Planning dept failed to notify me of their decision to grant Planning Permission" or "My CC Planning dept failed to notify me of their decision not to grant Planning Permission"? I am guessing it is the latter.


 
From the first sentence, it's the former.


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## threebedsemi (17 Jan 2012)

A Planning Authority has a statutory obligation to inform anyone who submitted a valid observation on a planning application of their decision, whether that is to grant or refuse permission.

If you still have your receipt for the observation (its not called an 'objection' at this stage) you should take legal advice on the matter, as you may have a case to request leave to appeal.

www.studioplustwo.com


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## ajapale (17 Jan 2012)

ajapale said:


> Is the planning authority obliged to inform objectors of their decisions? aj



It seems they are. From environ.ie http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/FileDownLoad,1584,en.pdf



> 9. Will I be informed of the decision?
> Yes. Anyone who has made written comments on a planning
> application, and paid the prescribed fee, must be informed by
> the planning authority of their decision within 3 days of making
> it.



Have you considered the Ombudsman?


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## Alicec (17 Jan 2012)

*Clarification*

Thanks for replys so far - keep them coming.
Just to clarify - The CC failed to notify me that they HAD granted permossion. There is a legal obligation to notify me of there decision. They failed to do this and in doing so prevented me from applealing to Bord Pleana as time limit for appeals had  passed.
Can I sue and on what grounds?


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## Alicec (17 Jan 2012)

Moderator,
Please put back in legal section


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## lowCO2design (17 Jan 2012)

OP was your observation/objection considered valid by the CC?


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## Alicec (17 Jan 2012)

It was a valid observation and I have the acklowledgement/receirt from CC


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## ajapale (17 Jan 2012)

Alicec said:


> Moderator,
> Please put back in legal section


No, this is where planning issues (and related legal issues) are discussed on AAM.


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## threebedsemi (17 Jan 2012)

Just to clarify a point, you say that the Planning Authority did not advise you that they had GRANTED planning permission.
They are actually oblidged to notify you as soon as they have issued their DECISION to grant permission (i.e. four weeks before they issue the Grant). The four week period is the period for lodging appeals with An Bord Pleanala, i.e. prior to the final Grant of Permission.

If you have a valid receipt for your observation, you may have grounds to apply for leave to appeal, but you will need specific professional planning advice on this.

www.studioplustwo.com


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## lowCO2design (18 Jan 2012)

have to agree with threebedsemi - you would be best to consult a chartered planning consultant before involving your solicitor.


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## csirl (20 Jan 2012)

Is is possible to give some brief details of the type of observation made? Some people on this forum may be able to say if it is valid or not. Often CoCos get a letters in response to planning cases which have no basis/relevent in planning law or to the process.


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## mal_1 (20 Jan 2012)

threebedsemi said:


> Just to clarify a point, you say that the Planning Authority did not advise you that they had GRANTED planning permission.
> They are actually oblidged to notify you as soon as they have issued their DECISION to grant permission (i.e. four weeks before they issue the Grant). The four week period is the period for lodging appeals with An Bord Pleanala, i.e. prior to the final Grant of Permission.
> 
> If you have a valid receipt for your observation, you may have grounds to apply for leave to appeal, but you will need specific professional planning advice on this.



Hi I'm new posting here and have been using AMM for years as resoucre; so just to add my couple cents to the thread. 

While not exactly similar a precedence for applying for leave to appeal if you have not been properly notified; would have been set by An Taisce seeking it after the original application for a conference centre in west Dublin was granted  without sufficient notification.


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