Re: Re: Objection Laws

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@alonso wrote:

if you own the land adjacent to a development you may appeal the decision of the Council to grant, to An Bord Pleanala. Everything else to do with AI and all that is irrelevant, You appeal the decision on the final application as made by the Local Authority. AI just clears up issues the council has with the original. So within 8 weeks of the Decision to Grant you may appeal the decision on whatever grounds you wish, as you own the adjacent property, but your grounds for appeal must relate to the development as granted

I would disagree with this advice.

I believe you may only appeal if the proposed development (i.e. as granted by the Planning Authority), if it is materially different from that which was initially applied for. For example if the wall in quetion was not in the original application, and was imposed by condition (or agreed by way of an unsolicited additional submission or an unadvertised response to a request for further information).

You had the same opportunity as everyone else to object in the first instance.

The exception is intended to cover circumstances where, due to subsequent agreement between the applicant and the Planning Authority, a permission includes something you could not have anticipated – and which materially impacts on your property.

If this is the case you you need to contact the Board immediately to discuss applying for leave to appeal.
(Incidentally appeals must be made, in the normal course, within 4 weeks of the relevant decision.)

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