Planning issue

I

igora

Registered User
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Hi,
I am just wondering if anyone can help me out a bit with the following issue.

There is a small neighbouring site adjacent to our dwelling house which had outline permission for one house on it. It recently sold to a developer who immediately applied for full planning permission for two houses.

I should point out at this stage that the two sites are at right angles to each other as we both are on a 90 deg bend and also all other nineteen houses in the area are detached. We objected on a couple of grounds, proximity of windows, traffic hazard etc.. plus the fact that the sitemap was hand drawn and impossible to read. Further information was requested by the planner from the developer and a new sitemap was lodged. We were notified 9 days later that it was amended and had to reply to it within 10 days thus giving one day to comment. On viewing the new map we soon discovered that our house was drawn at total variance to where it actually is. Its location on the map was double the distance away from the new development and our entrance again gave totally in accurate readings. At certain points on the sitemap it was incorrect by 5 metres.This led to false conclusions. We submitted our concerns again and received a letter stating they were requesting "clarification of the further information" - thus requesting they, the developer, state the exact location of our property.

The letter also stated that they would inform us when they got that information. Yesterday planning was passed on the site for the two houses. We were never reverted back to.

Does anyone know where we should go from here? Should the council have
come back to us or not?

I would greatly appreciate all opinions.

Thank-You
Cari
 
You are entitled to object to An Bord Pleanala and should do so immediately.
 
Did you manage to lodge and get formal acceptance of your comment on the application? If so, then yes you are entitled to appeal to An Bord Pleanala. If your comment was not accepted (late) then you are not automatically entitled to appeal to An Bord Pleanala.

You can apply for leave to appeal (to An Bord Pleanala) and they will decide if you have grounds for being heard. That is merely a decision to allow (or otherwise) you to make an appeal. If allowed, then the merits or otherwise of your appeal would be decided upon later.
 
Yes, We did have formal acceptance of our submission (on payment of €20 )
so yes we can and will appeal to an Bord Pleanala.

Thanks a lot
 
This to my mind is a very typical example of maladministration, you've paid your €20, you should have been kept informed, appeal to the Bord straightaway and outline your grievance in full, I'd be very surprised if you did not have a favourable outcome.
 
Hi Igora

I sympathise with your dilema, in the midst of an appeal to ABP at the moment ourselves. From my experience of dealing with planning matters at county council level the odds are definately stacked in favour of the developer. It is up to you to keep yourself appraised of changes to the planning application. If the cc requests a change to the plans, the applicant can furnish this information without telling you ... it is at the disgretion of the cc whether they consider this significant enough to inform third party submissions or not.
My advice to you would be to know what you want. How does the proposed building affect your property? Is it overlooking your property? Worst case senario, what would keep you happy (this could be a high boundary wall, the omission of a window etc)? Know this before you consider appealing to ABP, you may be able to negotiate with the developer in this instance.
If you do decide to go ahead, make sure you get your case filed in time. You have 4 weeks to have the appeal in the offices of ABP. Chances are the appeal will take 13-16 weeks. I wish you every success. You should consider hiring a planning consultant to assist with your appeal. You´ll find a list on:
[broken link removed] They charge about 800+euros ... including 210 to ABP ... but in my view well worth the money.
Good luck.
 
Thank-you for all your replies.

We are going ahead with An Bord Pleanala. Does anyone know of any site that gives planning laws for the Leinster area?

Henny Penny... Also going to checkout the planners institute.. Is there one company in particular you could recommend?


Cari
 
I would recommend Michael O'Neill of O'Neill Town Planning based in Howth, professionally I've found him brilliant to work with.

Grainne Mallon of Grainne Mallon & Associates either, based on Merrion Square. They are a firm of Architects but Grainne did previously work in Town Planning so has good experience.

For planning laws, check out www.environ.ie - the Department of the Environment. Theoretically the planning laws nationwide should remain the same, just the zoning and permitted land uses vary from local authority to local authority.

If you have a complaint in relation to the Planning Department of the Local Authority, I would also meet with the department to air your views and express your concern - maybe also meet with your local councillors. This would obviously be on top of your objection to An Bord Pleanala.

FYI, if the council passed a planning application on the basis of incorrect drawings then the planning permission cannot stand afaik. It is the responsibility of the council to check the drawings and make a site inspection to ascertain the suitability of the proposed development. If they grant permission for something that is factually inaccurate then it doesn't hold water in a court of law - A planner would be able to confirm this for you
HTH
 
Hi Igora
I can agree with mo3art about Michael O Neill ... excellent ... but so laid back ... you do need to chase after him. We´ve found him to be honest and professional.

Good luck.
 
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