Procedures for resubmitting map in planning application

Hi everyone,

Recently a organisation applyied for planning permission beside us. We gave in a submission where we pointed out that their map was wrong and that it did not show their site as the map they submitted also claimed part of our site. Subsequent to the closing date for submissions they wrote to the council and enclosed and amended map which is now correct. The council copied this to us. I have written to the council to request that they invalidate the application as their is no process other than (further information - and that didn't apply at the time) that would enable the applicant to enter a further or revised submission. The council has ignored my letter to date. Am I correct in original understanding, if so, what next?

Thanks in advance

I guess wait for the council decision regarding granting of application.
I think you have a weak submission if it is only based on the inaccuracy of the location map which has been corrected. The council has some freedom in requesting small amendments/additional info during planning application process.

I understand you would like their application to be invalidated. Is the purpose simply to delay the process or are you opposed to the construction of whatever is plan to be build next to you?

Many thanks Bacchus, from where does the "freedom in requesting small amendments/additional info during planning application process." derive? I can see no reference within the Acts or Regulations. Where should I be looking?

I accept the point you make on the magnitude of the procedural irregularity (and the submission that we made contained many points of significance relating to the content of the application) but I contend that any process that is adversarial by design and quasi-judicial by operation should not just be free of any patina of grace or favour but should fundamentally appear to be free of any suspicion that such might exist. Proceeding from the knowledge that it is in the council's interest to grant the application and resulting from granting it the voluntary organisation to which I belong will suffer financial loss and considerable loss of amenity. We have hlighlighted that should this happen we will pursue the council for damages. However, for political reasons it is likely that the council will grant this application on the basis that doing so will appear to show it as doing "the right thing" and knowing that it will place the onus on An Bord Pleanala to adjudicate. Thus, it is within our best interests to oppose at each juncture and each opportunity.

Orga said:

from where does the "freedom in requesting small amendments/additional info during planning application process." derive? I can see no reference within the Acts or Regulations. Where should I be looking?

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From my personal experience... In one case, i had omitted to submit map & details for drainage. The council (South Dublin) gave me 5 working day to submit the details, otherwise they would invalidate my application. In an other case, the drawing did not show the attached semi-D next door. Again, they gave me few days to submit new drawings rather than invalidate the application straight away.

Ah - that was probably within the submission timeframe I would guess. Many thanks for clarifying.

Whats the point in such an objection? Even if the Council do refuse on the basis of a technicality, then the applicant can simply re-apply with the correct map and, assuming no serious objections, will get the PP a few weeks later - all you are doing is being a minor inconvenience.

csirl, you are completely correct in principle, however, the fundamental point is that by establishing precedent where an applicant can submit outside of a process that enables right of reply or right of submission it denies the other interested parties their right to comment and to have those comments taken into account. Further, the positioning of a site and the the layout on any generated drawings materially affects the nature of a submission.