Planning appeals

[darkins99]

Has anyone successfully appealed against a construction company who intended to use a completed residential area or estate as a means of a) accessing their site for the build period and b) adding a substanial amount of additonal traffic with only one point of access/egress following the build? Besides danagers to children, increased volumes of traffic etc, what else could we throw at them that may be underpinned by planning laws e.g. housing densities? Any suggestions most welcome

Thank

 

[csirl]

Planning law is all about the local authority Development Plan. You need to check this out and see what the land is zoned for etc. and if it has any restrictions on building sites.

In general terms, if the builder is doing something that the Development Plan is encouraging i.e. the site was earmarked for housing in the Plan before he even applied for PP, then you have little chance of suceeding with an objection. The Development Plan is legally seen as the "will of the people" as it is voted on by democratically elected representatives of the people.

Conversely, if the builder is using the land differently to what was in the Development Plan and/or the development doesnt conform with any guidelines in the Plan, then you have a great chance of success on appealing to An Bord Pleanala, even if the builder has full PP (some councils still give PPs which are contrary to their own Development Plan).

In short, the Development Plan is the key document.

 

[darkins99]

many thanks for that. Will review the Development Plan.

 

[ang1170]

If you really don't want it to go ahead, go through the relevant parts of the development plan line-by-line and review against the application.

There are also guidelines from the Dept. of the Environment (specifically on housing density) that are also supposed to be taken into account.

As you mention access, there's stuff in the building regs about access from fire appliances that might also be relevant (again, Dept. of Environment)

Don't assume that the information on the application is necessarily correct: in a case I was involved in they claimed that the private open space was a certain amount, but when measured off the plans it was a lot less (and below the required amount). They also submitted a sun diagram showing how there wouldn't be overshadowing, which was incorrect.

I'd agree though that the Development Plan is the key document. Quote it directly, and point out the council should not go against their own plan.

 

[lexi]

Just a few things you should consider in your appeal.

Firstly - you will need to have made a submission or observation on the original application to the county/city council, in order to have the right to object/appeal to the Board. If this is not the case - find someone who has made a submission - and speak nicely to them. You can ask for leave to appeal to the Board if you have no objected, but this is only in special circumstances.

Secondly, go to the local authority and ask for a copy of the decision, the planner's report, and any reports done by the departments of the local authority. These will all be on the file and they will photocopy them for you for a small charge. I imagine if traffic is an issue the Roads Department will have highlighted any particular concerns about traffic and access - if indeed it is an issue with the site. As a matter of course get all the reports on file as they could provide you with good 'amunition' for the appeal (if not on traffic grounds then maybe sewerage/sanitary services etc.)

Lastly, as the previous poster recomended, look to the Development Plan and the Residential Density Guidelines for the local and national guidance on residential development. In terms of the Dev. Plan, issues such as zoning, density, plot ratio, site coverage, overlooking, overshadowing, insufficient/poor quality open space, traffic, impact on residential amenity (existing), car parking standards, are the important sections to reference. - you can usually find something that you can criticise them on. If anything is particularly relevant the Planner should have picked it up in their report.

NB - check with the Board on the last date of appeal... there is no flexibility on this.