Re: Re: Developments in Cork
didnt someone post something in this thread a while back that Ken Mahon could seek compensation, due to the confusion in zoning or something, based on the number of units he was refused? hence applying for 44 apts after already being refused for 4 houses
Yes. It seems that the board refused permission on the basis that the application was in contravention of policy NHR 11 of the development plan as ameded. The “as amended” may prove to be costly for the council as the planning act and case law provides for compensation where a refusal is based on an amended plan, provided the applicant acquired his/her interest in the land prior to the amendment and the application was consistant with the pre-altered plan.Variation no.5 to the cork city development plan was made in order to refuse permission on the land.