Re: Re: Developments in Cork
he’s not surprised at the decision? I wouldnt be either if i had been refused planning for 4 houses and then asked for planning for 44. Wonder why he didnt bring it to Bord Pleanala the first time.
the answer is simple.The council ammended the development plan during the lifetime of the plan . Mr mahon was refused permission on the back of this variation.The Council were within their rights to vary the plan, but were then constrained and had to refuse permission in accordance with the varied plan.The planning act allows for compensation to be paid in these circumstances, and mr mahon is seeking to set his compensation based on 44 units rather than 4.Had he brought the first application to the bord he would have been afraid that permission would have been granted! This would have ruled out compo. Interesting case this one, and the council may have been napping.