Illegally built mud-kart track next door.
Basically the situation is after a few months of requests for further information and consequent additional submissions, Kerry Co. Co. have finally granted "temporary permission" (applicant has to apply for full permission within three years).
Presently considering an An Bord Pleanala appeal and seeking advice on the best way forward.
* Anyone have suggestions for consultants/planners/lawyers who might be experts in this kind of thing and could help putting together a good ABP appeal ? Tried some in the area and no one seemed particularly motivated suggesting it wouldnâ€™t be worthwhile / it wouldnâ€™t change much since the ABP plannerâ€™s report is what makes the difference (so a case of resubmitting what was submitted to the Council and waiting-hoping)
*For the appeal itself, how advisable is it to also address KerryCoCoâ€™s handling of the application (as opposed to addressing only the development)? Considering:
1) Initial handling (took weeks to even act on an illegal development, hence failing to perform their statutory functions).
2) Why is this planning application at all when the track is already built (and hence should be an application to retain)?
3) Then KerryCoCo asked for mud karts to be run to test for noise (on a track which is not actually meant to be built)
4) Applicantâ€™s noise test which he claims took place on a Sunday talks of traffic from a waste transfer facility on the road (which happens to be closed on Sundays!!)
Thanks for any suggestions-ideas!
- Posts: 20
- Joined: Sat Nov 16, 2002 1:45 am
- Location: Kerry/Cork