Bord Pleanala question

A

andrew1977

Registered User
Messages
142
Hi Folks

I was granted full planning permission last month for an extension to my house . An appeal has been lodged to Bord Pleanala by a relative claiming ownership of the garden on which i am planning to construct the extension on
The relative also submitted an observation to the council on the original planning request claiming ownership of the said property.
All the folios and maps in the land registry have my name on them and the council requested this information from me and then granted the permission .

Will Bord Pleanala consider this appeal by my relative or does it have to be on specific planning issues ?
The objection lodged to Bord Pleanala is not against the actual building but against the land it is to be built on .

Thank you very much for any clues or opinions you can offer
 
Can you just clarify? Do you actually own the land you want to build on? Folio and file plans can be wrong. Does your relation own the land or have grounds for claiming ownership? Can we assume that relations are poor at this stage which is why this has got to this stage?

mf
 
Yes all the land and garden contained on the property are in my name, my house is being extended out and the whole garden and sheds are to be demolished.
It was an old family garden which my relation was allowed to use with our consent down through the years.
He does not own any part of the land , just a verbal agreement he could use it .
We also have a signed waiver from the said relation waivering any rights and claims to the land .This was signed many years ago.
 
Did your relation at any stage submit land registry and folios to either the council or the bord showing that he is the owner??? ... i will assume you did..

It sounds like a situation that crops up every now and again.

Usually, the bord will make its decision in your favour... after all its not a planning matter.

You may be able to argue that the appeal is 'vexatious' and get it thrown out... Once the Bord recieves this appeal they will inform you and you will have 4 weeks to respond to the appeal. In your response include a copy of the folio and map, include a copy of this waiver, and keep your argument as simple and clear as possible... dont get into mumbo jumbo family stuff... at the end of the day you can prove you own the land, he cannot... end of story.
 
if the building is older than 7 years then i dont think there is much bord plenala can do (statutes of limitations)
 


Thank you for the reply, my relation submitted his objection to the council saying he was claiming ownership,he did not have any maps or folios to back up his claim.
The local council requested further information from me on who exactly owned the garden and land . I supplied this via my solicitor who submitted a copy of the deeds of house, land registry folios and maps, all in my own name .
My architect then spoke to the planner and he said fine with the application, title of ownership was not in question.
 
yes, im sure that buildings over 7 years old ( with no objections against them at that time) are protected and are not subject to planning.
 
yes but the relative is laying claim to the land on which the new extension and the old house is built
 
First of all the relative is only objecting to an application for planning for an extension- their basis for the objection is that they own the land. They are not, or at least the OP has not said that they are trying to actually claim ownership via land registry or the courts. Second of all there is no objection or issue regarding the existiing house as far as I can read from previous posts.
 


The planning has been granted by the council with no consideration given to the planning objection by the relative.
The relative has claimed on his objection to the council and now to An Bord Pleanala that he is trying to claim ownership of the garden not the house .But to access the garden the relative would have to cross over my property .The extension cannot go ahead without complete demolition of the old derelict sheds and revamp of garden .

My solicitor is now working on the case, so thanks to all for their opinions and help, if anyone has any more pointers please post them .
 
An Bord Pleanala has no authority to determine title disputes - that is the jurisdiction of the courts. Once you can produce Land Registry folios showing that you are the registered owner then An Bord Pl. are very unlikely to look behind that. An Bord Pl. won't confine themselves to this objection however - it will look at the entire aplication from scratch to see if planning should be granted
 
You must log in or register to reply here.
Menu
Log in
Register