Abuse of Planning Appeal System

Abuse of Planning Appeal System

Postby Mark52 » Fri Nov 17, 2006 2:20 am

Hi all,
I recently received planning permission from my local county council on the family land. I should be delighted with this news both unfortunately I have no doubt that it will be appealed to An Bord Pleanala as I have been down this road once before. The appeal is of a personal nature and is purely an attempt to delay or even prevent my proposed development been granted permission. I know that I can fight for the case to be dismissed on vexatious and frivolous grounds but this is so difficult to prove. Looking at An Bord Pleanala's statistics recently do nothing for my confidence in receiving planning anyhow . Isn't it a disgrace that persons can abuse the planning appeal system to satisfy other agendas that are not planning related at all.

Looking for words of advice or even just encouragement.
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Re: Abuse of Planning Appeal System

Postby Bren88 » Fri Nov 17, 2006 2:29 am

What statics were you looking at exactly?
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Re: Abuse of Planning Appeal System

Postby Mark52 » Fri Nov 17, 2006 2:34 am

Annual Report 2005 & Statistics

Located on An Bord Pleanala's homepage
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Re: Abuse of Planning Appeal System

Postby Bren88 » Sat Nov 18, 2006 9:05 pm

I meant were you looking at total decisions.
Or decisions on previously granted appeals only.
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Re: Abuse of Planning Appeal System

Postby alonso » Sat Nov 18, 2006 10:26 pm

yeh i agree. however, the Bord will examine this on purely planning grounds. If it constitutes bad planning it will be refused and if it's ok they'll grant it anyway , regardless of the local authority decision and the appeal. If the appeal is spurious, it'll be thrown out straight away by the Bord and final permission will be granted. As much as you have to prove it's spurious, they also have to prove it's not. I know of another case where the exact same thing is happening and the Local Authority submission to the Bord totally rebuffed the grounds for appeal. It's gonna delay the process and inevitably the personal battle will be even more intense than before.

If it's appealed, immediately get a copy of it, formulate a rebuttal on every single aspect of it, using the LA planner's assessment to back up your argument. And don't be afraid to use strong language (i don't mean cursing!!) and literally tear the appeal to shreds. Hire a Planning consultant if you feel the need (not cheap by the way). Although by by the sounds of it, it's a one-off house, and as you rightly say the Bord don't like them so you'd be well advised to check their decisions on similar developments in your area and, in a way, predict what their planning inspector will say and get your argument in beforehand at submission stage...

although you say it's a disgrace that people can interfere for non-planning reasons, it's nearly always the case with appeals. Major commercial enterprises do it all the time to keep competition away and neighbourly issues are massive as well. However, as i said, the appeal will only be assessed on planning grounds
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