Re: Re: Developments in Cork

@Pug wrote:

is ti within the Bords remit to sort out the compensation? yeah, fair play to Ken Mahon if thats what he was thinking – will be interesting to see what happens – there are some fairly senior and experienced people in the city council and the planning office though, surely they will have thought of that

No. The bord will only adjudicate on the application per se.The 2000 planning act sets out that compensation for refusal of permission is a general right, but then describes in the fourth schedule circumstances where compensation is not payable, which generally disallows compensation for all reasonable reasons for refusal. S. 20 of that schedule states that compensation is not payable where a development contravines a Development Plan objective. However, S.21 clarifies that if a development plan was changed within the lifetime of the plan, and the development was consistant with with the pre-altered objective, then the applicant is compensable for any subsequent refusal based on the altered objective. As the council altered policy NHR 11 specifically to refuse this application (variation no.5), and it’s net effect was to rezone the land ,I feel that the bord’s hands are tied and they will have to uphold the Council’s decision.If and when this happens, you are left with a refusal of permission based on a reason which relies on an altered objective. Based on the legislation quoted below, there will be plenty of red faces in and around City hall,but rest assured no resignations. Expect some increases in charges for 2009 and a lot of finger pointing!!. Maybe, just maybe, i’m wrong and Mr mahon is a lunatic, but I suspect method in the madness.

Planning and Development Act, [2000.]
2000.
Section 191.
FOURTH SCHEDULE
Reasons for the Refusal of Permission which Exclude
Compensation

20. The development would contravene materially a development
objective indicated in the development plan for the zoning of land for
the use solely or primarily of particular areas for particular purposes
(whether residential, commercial, industrial, agricultural, recreational,
as open space or otherwise or a mixture of such uses).
21. (a) Subject to paragraph 22, paragraphs 19 and 20 shall not
apply in a case where a development objective for the
use specified in paragraph 20 applied to the land at any
time during the periof a development plan and the
development objective of which was changed as a result
of a variation of the plan during such period prior to the
date on which the relevant application for permission was
made to develop the land, and the development would
not have contravened materially that development
objective.