UDC vrs An Bord Pleanala

UDC vrs An Bord Pleanala

Postby JacobsSlave » Wed Feb 21, 2007 2:56 am

If a planning application goes to appeal to An Bord Pleanala, who grant it subject to their own conditions,
these conditions supersed those of the local planning authority... is this correct.. if that is correct, can the local authority then decide to ignor any of these conditions if they so wish too... ie. An Bord Pleanala decided that the Front estate boundary wall is to be a plinth wall with decorative railing to 1.8m high.. but council have let the builder build a 1.5m high stone wall with no railing.. this is only one of many conditions the council have failed to uphold.. the rest are too long winded to explain easily...

Any input appreciated..

Cheers

JS
JacobsSlave
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Re: UDC vrs An Bord Pleanala

Postby alonso » Thu Feb 22, 2007 12:52 am

In an appeal scenario, the only valid permission is the one given by the Bord. Therefore the development should be carried out in accordance with those conditions only. The Council grant is rendered meaningless. So no they cannot ignore them. Call in the enforcement boys!!!
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Re: UDC vrs An Bord Pleanala

Postby JacobsSlave » Thu Feb 22, 2007 1:28 am

Cheers Alonso,

thought as much, but wasnt sure if it was to the councils discression. Bit suspect this one.... same developer tried to get planning permission in a green belt area, reserved for forestry etc. but senior planner granted it even though it wasnt zoned residential, but so many objections went in from locals and state bodies that it was thrown out.

Cheers

JS
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Re: UDC vrs An Bord Pleanala

Postby kite » Thu Feb 22, 2007 2:13 am

alonso wrote:In an appeal scenario, the only valid permission is the one given by the Bord. Therefore the development should be carried out in accordance with those conditions only. The Council grant is rendered meaningless. So no they cannot ignore them. Call in the enforcement boys!!!



Tread carefully on this one, ABP have been found lacking in their planning decisions in the High Court where they were entitled to reach a different decision on an application in respect of a development BUT the reasons and considerations must be made clear so that the appellant can see that the appeal had been determined in a fair and rational manner, and that the public interest in the integrity of ABP is upheld.

The conditions are of utmost importance (in my view).
Legal advice is always money well spent in these matters.
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