A.I. Appeal...

A.I. Appeal...

Postby JacobsSlave » Fri Dec 15, 2006 1:14 am

I recently lodged a planning for a change of house design as the original house design was dated. Anyway, the original design had a ridge height of 7.2 meters (dormer). I was slightly over this with the new application but the planner has now wrote back asking to reduce the ridge height to 6 meters and basically reduce the whole house substantially from what was previously granted. Can i appeal this now at A.I. stage or do i have to wait for refusal and bring it to AN Bord Pleanala. :confused:
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Re: A.I. Appeal...

Postby ctesiphon » Fri Dec 15, 2006 4:49 pm

You can only appeal once a decision to grant or a decision to refuse has been issued.

If you want to take issue with the request, talk to the planner in question. S/he might be amenable to reasoned argument, or might dig the heels in. By asking, you'll know.

If you want you can still submit the higher ridge height, but AI requests usually mean a refusal would be the decision on a current proposal. If you get the refusal, then you can appeal and hope that ABP looks more favourably on your application, but I'm not sure the chances of success would be too high. Your choice.

There's every chance that the local development plan has changed in the time since your first application, with a policy of minimising ridge heights. Or are there other design changes you haven't mentioned, such as the orientation of the ridge line? Or maybe this application is being dealt with by someone other than the planner who granted your first application; someone with a different interpretation of the DP?

If all else fails, you could still build the original if the permission is still 'live' (granted fewer than five years ago)- it's what happened at the Ulster Bank HQ in Dublin where controversy over a new design led the owner to build according to a previously granted permission which was inferior imho.
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Re: A.I. Appeal...

Postby JacobsSlave » Sat Dec 16, 2006 6:00 pm

heers Cctesiphon,

wat i'm going to do is ammend the drawings to comply with the planners A.I. conditions, with the exception of the ridge height, and there are a few conditions which are wide open to interpretation which could be to my benifit. I'll address the ridge height in a cover letter and also try and discuss it with the planner. As far as the development plan goes, it hasnt changed, and all the houses recently built in the vacinity are either two storey or 7.8m high dormers/storey and a halves. The planner is new, and young, so is perhaps trying to stamp there authority.

Cheers

J
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Re: A.I. Appeal...

Postby ctesiphon » Sat Dec 16, 2006 10:35 pm

No worries.
And do try to discuss it- the letter on its own might be perceived as a little bullish.
Best of luck.
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