Help

Help

Postby JacobsSlave » Tue Oct 17, 2006 12:19 am

Can anyone tell me on how i get a local authority to act on the inability, no :D , the incompetance of a developer. I have come accross a developer where i live, who has no respect for the planning conditions, that he may as well not have applied for planning. He has ignored an bord pleanala conditions and that of the local council, and after bringing this to the local council (and their enforcement section), they have failed to act or to bring justice to bear. These conditions are not merely small worthless conditions, but potentially life ending as he has built an entrance to this housing development that mimics a game of russian roulette when trying to exit it safely. He openly buries site waste in an area to be transformed into a childrens play ground. How long before he tries selling the playground to BNG- British Nuclear?:D

Is there a higher 'power' to whom planning enforcement and local authorities must answer, an ombudsman if you will?

Regards

disgruntled

:mad:
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Re: Help

Postby ctesiphon » Tue Oct 17, 2006 7:58 pm

an ombudsman if you will?

And I will: http://ombudsman.gov.ie/en/

If the LA's enforcement section really is ignoring your (appropriately made) complaint, you can contact the office of the Ombudsman, though that office is concerned with the activities and behaviour of the LA itself rather than the developer.

Have you exhausted the Enforcement route, or did you just give them a call and get the cold shoulder? Sometimes persistence is the order of the day. Or perhaps they are acting on it already? These things take time- often more time than we think.
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Re: Help

Postby alonso » Tue Oct 17, 2006 9:24 pm

also get on to your local councillors. You can usually get their contact details on the Council's website. They may have more influence on the executive to get on to it. They're pretty accessible and I'm sure the Green councillors would be more than interested in the waste situation but they all should be, but pursue all avenues for sure...
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Re: Help

Postby JacobsSlave » Wed Oct 18, 2006 12:53 am

The local authority have already stated that there unwilling to take any action at this time, and my sources say that this is because the same developer is pumping money into several large scale projects in the area. The LA prob are afraid of alienating the developer into pulling away from these potential developments. As for using councillors, I think this may well be the route to go. Many thanks for the help. :D . I hate having to bring it this far, as development is good for a community but if this developer continues in cutting corners, and ignoring whatever conditions he sees fit, then all these developments will end up a shambles with no one to rectify the situation.

Will keep ya posted on how things proceed.

also, do AN Bord Pleanala have aby ability to enforce there conditions. I myself think that these conditions are up to the LA to enforce.... perhaps something that needs to be looked at in the future, especially if the LA ignors these conditions for one person (big developers) while ordinary joe soaps have no choice in following these conditions..
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Re: Help

Postby alonso » Wed Oct 18, 2006 11:03 am

found this somewhere else today, i think it's from the times:

"Meanwhile, rogue builders with a history of unfinished or badly left estates will be refused planning permissions under new laws approved yesterday in a new planning and development act.

The minister kickstarted section 9 of the Act which will enable planning authorities to withhold planning permissions from rogue developers on the basis of past history of non-compliance and not completing housing estates.

"Any such abuse of our planning code cannot be tolerated," said Mr Roche yesterday.

"In the past, some rogue developers have been getting away with not doing their jobs."

Until now, planning authorities have been required to prove an applicant's history of non-compliance with permissions or conditions of permissions before the High Court before they could act.

Burden

The new measure reverses the burden of proof and should make it easier for local authorities to tackle bad developers, insisted the minister.

Other important provisions approved yesterday include new powers for An Bord Pleanala to deal with appeals made primarily, or solely, with the intention of extracting money from the applicant.

Mr Roche said occasional spurious and groundless appeals were an unfortunate feature of our system.

"They pervert our democratic processes and divert time and resources away from dealing with authentic and justified appeals," he said.
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