An Taisce is appealing my planning permission

[Roper]

I recently was granted retention permission for a second entrance and now an taisce are appealing this decision to an bord planeala. Should I be worried or is this standard practice

 

[Brendan Burgess]

A lot of local authorities seem to grant permission when they shouldn't do so.

An Taisce has a record of successfully appealing these decisions.

Brendan

 

[Guns N Roses]

Should I be worried or is this standard practice

As Brendan said County Councils often give planning permission when they shouldn't have because of local bias, interfere from Councillors etc. An Bord Pleanela usually over turn about half of the applications that are appealed to them. It varies of course from County to County.

 

[lowCO2design]

I recently was granted retention permission for a second entrance and now an taisce are appealing this decision to an bord planeala. Should I be worried or is this standard practice

define worried: yes (i say this with no knowledge of the case) there is a real chance you will loose this appeal, IMHO seek professional advice

 

[Brendan Burgess]

Check out why An Taisce is opposing it. Are their objections valid? Can you talk to An Taisce? They might not have a problem in principle with the proposal, but object to a part of it.

An Taisce are usually very reasonable which is why they have a high success rate with very limited resources.

 

[kingkane]

"I recently was granted retention permission for a second entrance and now an taisce are appealing this decision to an bord planeala"

You say this retention for a second entrance which would suggest that is a secondary access from the main road which you didn't apply for planning permission for when doing the work. One of the probable grounds for the appeal (and I'd assume the appeal to ABP is after an appeal/objection to the original retention application so the reasoning for that objection be something you'd already be aware of) is that the opening is creates a danger to other road users, and I'd suspect ABP would be inclined to grant that appeal. In some local authority areas the success rates for applications for retentions is incredibly higher than for original applications which makes a mockery of the planning process. Fact is that the reason many people build first and apply for retention later is because they would be less likely to have permission granted if they went about the process more openly as it denies their neighbours the opportunity to make a submission.

 

[browtal]

I know of one instance where planning was denied on the basis that they do not encourage second entrances to private properties. No other explanitation was given Browtal

 

[Time]

Are they a statutory body?

 

[Peanuts]

You can view the an Taisce objection on the local authorities website. You also have the option of making a submission to ABP addressing the an Taisce objection provided you do it within one month of the appeal.

 

[section4]

if your application was in line with the local and national planning laws then you have nothing to worry about, but An Taisce dont appeal decision unless in their opinion the app is contrary to the local and national planning laws, its as simple as that. An Taisce have no more power than any one else and their appeal will only succeed if your app is in breach of the local and national laws in place. The problem is the coucils in many instances dont apply the laws properly whereas Bord Pleanala do.

 

[Brendan Burgess]

An Taisce have no more power than any one else

Is this correct in law and in practice?

They used to be a prescribed organisation under the planning acts, whereby the local authority had to notify them of certain decisions.

I would imagine that, in practice, the opinion of an expert from An Taisce would carry a lot more weight than an objection from a local. An Taisce would also understand how the planning system works and would know how to make successful appeals.

I really think you should talk to them and see if you can meet their objection. They could then withdraw their appeal.

 

[section4]

They still are informed of certain applications in high amenty areas and so on,

The planning law is the same for everyone so, if the local highlights an issue whereby the plannig law is being contravened then it will carry as much weight as an an taisce expert highlighting the same issue.

But obviously An Taisce are more familair with the planning law more than most as they are dealing them everyday so that gives them an edge in making successful appeals.

The word objection is not really a proper description of what An Taisce are doing when they make a submission or a comment on a planning application, that would suggest they are objecting to the person, in fact what they do is highlight areas where the Councils own planning laws or the natinal planing laws are not being adhered to in the common good.