Neighbour applying for pp in corner site

H

helsbells

Registered User
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17
Hi there,

I'm hoping somebody might be able to offer advise on opposing against a neighbours request for a new build 4 bed house at the side of his existing detached property. It is a residential area, and the house design is different to the other houses on the road. What grounds/reasons can you object?

All advice would be welcomed.

Thanks,
Helen
 
Could say that it is not in keeping with the surrounding area. Or that it upsets the character of the area?
 
Why do you want to object ? If you don't have a good enough reason, then asking others to come up with a reason is a bit strange !?
 
Seem's to me as if you have no good grounds to object or you wouldn't need to come on a site like this looking for suggestions from people who know little about the application or the area,as for it been a residential area this should help the applicant in his request for planning.
 
you have no chance i'm afraid,councils thesedays aren't to concerned about different house designs on the same road,with the property slowdown i'd say the goverment will encourage council's to push through as many planning applications as possible all about tax tax tax!!!
 
Go to the above and find the link to planning . There is full info there on how to comment/object on a planning application.The grounds are only as laid down and one's personal opinion/dislikes are of no consequence ........eg density, size of site , access and egress(very important when talking about a corner),development not in keeping with existing development etc., these are the grounds for objecting/commenting. Read the guidelines carefully as time frames for commenting are laid down and are strict; remember all that is necessary is for one person to object/comment if their grounds have validity.
In the event that permission is granted and one decides to appeal to An Bord Pleanala, it is only the original objector who has the right to appeal.
Sometimes, it is necessary to employ a professional to access whether or not the size of site or the density of same meets the planning guidelines. Very often people apply for permission for houses on infill sites that are not large enough, and due to large volumes of permissions , it can go through the system and be allowed despite being in contravention of the planning guidelines laid down.
 
Its unlikely you can stop this, as its local authority policy to approve this type of development, in Dublin at least. They also encourage reasonable variation of house type as well. In the first instance, visit the public office of your local planning authority, and pick up the free booklets on planning and objecting. These explain whats allowed and local rules re access, back/side gaden size remaining after house is constructed. They dont expect you to like the idea, so you need realistic reasons for objecting. It cost around €30 to make an objection, so you can do this anyway if you wish. If you want to make a serious objection, you probably need to employ a planning consultant or architect to construct the objection, but this costs money and you may be wasting your time..
Im in none of these or related professions, just a voice of experience!
 
Brianne said:
In the event that permission is granted and one decides to appeal to An Bord Pleanala, it is only the original objector who has the right to appeal.
Click to expand...

This is not true, you can make a submission if you live in close proximity to the site.
I know this because I did the very same thing last year even though I hadn't sent a planning objection to my local council.
 
S.L.F what you were able to do was unusual given the stuff on planning available on different sites.eg.
Can I appeal against a planning decision?

Yes. Only persons or bodies who have made submissions or observations on a planning application, and paid the prescribed fee to a planning authority can appeal a planning decision to An Bord Pleanála. The planning authority is legally obliged to inform any person who has commented on an application, and paid the prescribed fee, that an appeal has been lodged. The planning authority will copy the appeal to any person who made a submission or observation.

The law governing the planning system is set out in the Planning and Development Acts 2000 and 2001 and the Planning and Development Regulations 2001 to 2002. These may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin, 2, Telephone (01) 6476995/4.

Fees are subject to revision. Details of fees are available from your local planning authority or an An Bord Pleanála.
 
My guess is that SLF made a submission to an appeal that someone else had submitted. However, only someone who has made an observation on the original application to the local authority can make the appeal in the first place.

In my experience, this rule is strictly enforced.
 

You are not correct I made an independent submission nothing to do with any previous submissions.
Because the property I occupy right beside the site I could make a submission, if you check with ABP you'll see this is correct.

Note the 2nd exception to the rule. I hope this clears up any misunderstandings about the issue of who can make a submission.

2. Who may appeal?
  • An applicant for planning permission (first party), and
  • any other person, body or interested group etc. who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with permission regulations (third party). There are two exceptions to the requirement to have made prior submissions or observations: -
    1. where a prescribed body was entitled to be notified of a planning application by the planning authority and was not notified in accordance with law, the body may lodge an appeal against the decision of the planning authority without having made submissions or observations on the planning application.
    2. A person with an interest in land adjoining the application site (e.g. a landowner/occupier)may apply to the Board for leave to appeal the decision of the planning authority (see question 29).
 
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Some time ago a person lied about me in their planning appeal to ABP
Everybody was telling me I couldn't make a submission because I didn't object to their plans to the CC.
So Mrs. SLF hunted and trawled through all the stuff on the net about who could make a submission or not.
I called ABP and they told me only people who objected to the original plans could make a submission.
So I brought it to their attention about the 2 exceptions and seeing as I am an occupier of who would be directly affected by this persons plans my submission was taken into account.
The real secret about making planning submissions is to keep it brief and to the point.
1 page of 5 to 10 points about the reasons why you object to their plans is far more effective than a huge document.
Don't bring personal stuff into it at any stage they just won't take it in to account.
Regarding planning consultants I don't have much time for them. The guy who was employed by the bunch I objected to was supposed to be one of the best, I made a muck of all of his arguments.

SLF
 
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this is slightly off topic....

but the 'leave to appeal' option isnt as clear cut as s.l.f. makes it out....

The bord will only grant leave to appeal if it can be shown that some condition(s) of the planning as such that they significantly alter the original submissiona nd woul dhave and unforseen effect of neighbouring land....

therefore, just because you may have a material interest in adjoining land, this doesnt mean that you will automatically be granted 'leave to appeal' if you apply to the bord for same...

To go back on topic... going by the scant information supplied as yet, i would echo some of the posters in this thread when they call into question the OPs true motives when he/she has to come onto a public forum to tryobjection.... you should condsider your motives closely before you start objecting against what is your current, and what will probably be your future neighbours.... If the house design is of such a significant difference this will be dealt with by the planners during the application process.

If the Op does not have reason, from a planning point of view, to object, then he/she should not. Its is policy all over ireland to encourage planning applications for residential use on lands that can be serviced.
 
I'd very much agree with this last post. There's plenty of info on valid reasons to object. If you don't have any of them (and "just don't like the idea" or "will devalue my property" or whetever is not one of them), then there's little point in objecting.

Mind you, this mightn't be the case with the OP: they haven't clarified though.

I'd agree with S.L.F by the way: I was involved (as a non-professional in the area) with a planning case, and objected to an application that included a large sumbission from a planning consultant. It was incredible: they put down things as fact that were blatently untrue, and could be verified as such by anyone who bothered to check.

They went through two applications, both appealed (they lost the first and appealed; we won the 2nd and they appealed, we won both appeals).

It can be done, even against heavy odds, but only by sticking to the facts and quoting the council's own development plan and whetever policies and guidelines you can find back to them.
 
ang1170 said:
they haven't clarified though.
Click to expand...

When I first started to object to these peoples plans I didn't know how to object or what to say or how to say it. I went to a consultant guy I know who is very much in the know. I gave him all my objections to these peoples plans he shredded them. Took all the personal stuff out and expanded on the stuff that was relevant, broke it all down to a single page and listed all the points I wanted to make which were 4, extra traffic, danger to pedestrians due to more entrances on to a small road, devalueing of houses, I don't remember what the last 1 was.

It is possible the OP doesn't know what to say and is looking for inspiration or direction, that is what AAM is about I thought.


This is my last post on this issue!

S.L.F said:
2. Who may appeal?

A person with an interest in land adjoining the application site (e.g. a landowner/occupier)may apply to the Board for leave to appeal the decision of the planning authority .
Click to expand...

I do not own the land beside the people I was objecting to.
I only occupy it.
I admit there are no guarantees they will take your views into consideration but if a person sticks to planning issues then they will accept your submission whether the apealants plans affect you or not.
 
SLF......


if you applied for 'leave to appeal' then....

"The bord will only grant leave to appeal if it can be shown that some condition(s) of the planning as such that they significantly alter the original submission and would have and unforseen effect of neighbouring land.... "

The bord must make the decision, and its not as open as you claim....

29. Can I apply to the Board for leave to appeal a decision of a planning authority? (See also answers to questions 2 and 3).

A person with an interest in land adjoining the application site (e.g. a landowner/occupier) who did not make submissions or observations to the planning authority in relation to the planning application may apply to the Board for leave to appeal the decision of the planning authority within four weeks of the decision of the authority to grant permission. The Board may grant leave to appeal where the person shows that the decision of the planning authority to grant permission differs materially from the application because of the conditions imposed and the conditions imposed will materially affect his/her enjoyment of the land or reduce the value of the land.
Like a planning appeal, the person seeking leave to appeal must state his/her name and address, the grounds on which he/she is basing the leave to appeal (see above), a description of his/her interest in the land and the correct fee.
Where a person is granted leave to appeal, the planning appeal must be received by the Board within two weeks of him/her receiving notification of leave to appeal and must otherwise comply with the requirements for lodging the planning appeal (see questions 4 and 5) including a further fee. Details of fees are available from the Board or your local planning authority.


from:
[broken link removed]
 
Yes you are correct when the CC have approved the plans but when the CC have turned them down it is a different matter.
 
im genuinely interested in how the process of 'leave to appeal' works slf, i havent been involved in one myself, so please dont think that im nitpicking...but...


just to clarify:
1. someone lied about you in an appeal... how did you become privy to the documents submitted in an appeal?? was there a public hearing?

2. you contacted the bord, obviously agrieved, and they allowed you to make a submission to counteract this lie?? is this correct?? and they agreed to allow you make a submission under the 'leave to appeal' process, although you were not appealing, but commenting on an appeal?

is this correct?
 
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