Legal Advice re Adverse Possession for Residents Association

[ang1170]

Will investigate this today. What I do know is that only those who made an original objection to County Council re this application can make appeal to Bord Pleanala. But will look at possibility of group appeal and maybe just get everybody who objected originally to sign the appeal letter. Anybody else with any further advice?

Just seen this thread for the 1st time. A few things:

- It shouldn't matter how many objections are made to An Bord Pleanala: it's not a vote! It's the content of the objections that matter. You can lodge a single joint appeal: in fact, anything more is arguably a waste of money.

- I'm surprised you had difficulty in getting details of the original planning application: the council are legally obliged to make this publically available to anyone who wants it.

- The original permission for the estate most likely had provisions in it for the amount of public open space (which is what this sounds like) provided. You should also check out the county development plan for your area, which will have similar provisions. This may we well be the most likely grounds on which an appeal can be made (assuming you don't have any legal title to the ground)

 

[Happy Girl]

Update. In with solicitor today who stated that it is more a planning consultant that we need in this case. We have none in the area and would be obliged if anybody could recommend a Planning Consultant who might take us on. Anywhere in Dublin/Meath/Louth/Cavan areas. Also any advice much appreciated. Feel like we having doors closed in our faces every time but too stubborn to give in without a fight

 

[MOB]

"So add 14objectors @ 210euro each together with the solicitors fee and residents association will go bankrupt."

I am sorry to depress you, but I am afraid if you are really serious about this matter, you are going to have to adjust your financial expectations somewhat.

I am not at all surprised that a solicitor shows no enthusiasm for the job.
I don't know what sort of solicitor's fee was being talked about, but 14 x 210 (which as other posters have pointed out is 13x210 too much) comes to less than €3,000.00 If your budget does not stretch this far, then you certainly will have a problem in getting the services of a professional. Do you think that the well-heeled objectors to Sean Dunne's plans had any trouble getting people to act for them?

Bear in mind that a planning appeal could (though it is most unlikely in this case) go to an oral hearing. Any person taking on this job will be conscious of the fact that the file could 'grow legs'.

My firm did an oral hearing once (which went on four about four days) for a residents association plus a few local clubs\associations. We got a 200-unit development shot down. The residents association balked at our fee of circa (if I remember rightly) £5,000.00 plus VAT and ended up paying about a third of it - but they had to do without us when the second planning application went through.

I learned a valuable lesson: cash up front for committee\residents association clients.

It is entirely possible that a fairly basic planning objection, put together with perhaps some small amount of professional input, might be enough to block this development. But if it isn't enough, will you be kicking yourselves afterwards at the thought that you could have done more? Only you can answer this.