Need advice To Stop Proposed Construction

[Jack The Lad]

I have just discovered that a planning application has been submitted to build enormous cattle housing & feeding facilities with slurry storage on a green-field site approximately 100m up-wind from my house. I live in a quiet rural area, have lived here for most of my life. I am not a complainer and always support anyone building a house or small business, but the smell and noise of this thing would genuinely be intolerable. I am recovering from a long illness and I don't need the stress of this. I have five weeks to object and I don't know where to start. Can anyone give me some pointers, I would really appreciate some help. For example, would there be any benefit to hiring a solicitor to assist? Do I need to an engineer to assess the potential environmental/health impact of this?
Thank you.

 

[onq]

Hi Jack the Lad,

To start the ball rolling you must submit a Planning Observation with five weeks from the date of lodgement.
A simple letter with the basic information contained in your Original Post [OP] above will suffice as the letter text will suffice.

This should be addressed to the Principal Officer of the Planning Department (insert name and address of the local authority).
It should state the Planning Register Reference of the proposed development, a brief description, its address and the name of the applicant and.or agent.

Don't forget to enclose the required fee of €20!
Take a deep breath, and relax, because you now have a bit of time.

This Observation will allow you to make a planning appeal within four weeks from the Date of the Decision.
You must be sure to retain the Letter of Acknowledgment the Council will send out in response to your initial Observation.
This Letter must be submitted in the original to An Bórd Pleanála in support of your Appeal - without it you cannot lodge an appeal.

In relation to the rest of your queries, you should appoint a professional without delay.
From what you have said you will need either a competent architect well-versed in planning law or a planning consultant.
This person could write the initial Observation referred to at the start of this reply, and then proceed to draft and submit your planning appeal.
This person could also advise you on the personnel you would need to assemble to comment comprehensively on the environmental impact of the scheme.

Given the scale and complexity of the issues, you may need an environmental specialist and a roads traffic consultant with a National reputation.
A firm like Malone O'Regan consulting engineers carries both specialists in-house (no direct connection - worked with them on several housing estates all around the country)

If your appeal succeeds the other side may take a Judicial Review, and your professional may represent you at the review.
If your appeal fails to stop the development you may be the one taking the judicial review.
If matters proceed to Judicial Review you will need sound legal advice.
This suggests a solicitor and you should seek a Counsel's Opinion.

Should all this fail and planning be Granted, all is not lost.
"Coming to the nuisance" is no defence in law, and you and your near neighbours may have a good case for preventing the development going ahead.

Please follow up with any further queries you might have in this regard.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

 

[lowCO2design]

Start with a planning consultant (as an arch tech i would normally do appeal/objections but), you will need some specialist input on this one. this will include an environmental engineer.

I think the distance may be a factor in you favour, considering your in a rural location that seems quiet close, these types of facilities are normally further away from an adjoining owner.

start looking for similar cases where parties objected and on what grounds. also approach the local engineers in the council ,sometimes they can be quiet candid about such things and even give you some pointers.

you may also want to contact your other neighbours, it would be much easier if you could split the cost of professional fees etc.

best of luck with it, and do be prepared for the worst. sometimes the best you can hope for, is that a development is relocated elsewhere on a neighbours land

 

[lowCO2design]

ha having read onq response above, mine may seem ott, but i would still approach this with best foot forward, maybe with just a letter as onq said, but with the right language and acceptable reasons for objecting on there. these guys will earn their money if it goes to ABP

 

[onq]

Now it seems like its the other way around!
You must have responded while I was still writing and updating mine LCO2D.

All of yours is good advice, but be careful of falling into the trap of limiting yourself to local talent.
Appeals need the best available, most people have transport and competence is very affordable right now.

In my experience, and with respect to all who post to AAM, technicians and not a few architects are not great in Appeals.
You have to appoint someone who has developed a degree of competence in that field, on top of the person's base qualifications.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.