Re: Re: Objection Laws

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#785871
Anonymous
Inactive

yeh publicrealm, it seems i got that wrong. It does have to fulfil that condition.
here;s the relevant provisions of the Planning Act. I was always under the impression that there were 2 seperate conditions to appeal without having made an objection, one being an owner of the adjacent land and the other being that the permission materially altered the development. i did not know both had to be met.

so my advice to you now is to get a copy of the final decision and see if there’;s any conditions attached which conform to section (d) (ii) below. This does raise the quesrion though why wasn’t an objection made in the first instance or even the second?

Pt.III S.37 (6) (a) Notwithstanding subsection (1)(a), a person who has an
interest in land adjoining land in respect of which permission
has been granted may, within the appropriate
period and on payment of the appropriate fee, apply to
the Board for leave to appeal against a decision of the
planning authority under section 34.

(d) The Board, or any member or employee of the Board duly
authorised by the Board in that behalf, shall, where an
applicant under this subsection shows that—
(i) the development for which permission has been
granted will differ materially from the development
as set out in the application for permission by reason
of conditions imposed by the planning authority to
which the grant is subject, and
(ii) that the imposition of such conditions will materially
affect the applicant’s enjoyment of the land or
reduce the value of the land,
within 4 weeks from the receipt of the application grant
the applicant leave to appeal against the decision of the
planning authority under subsection (1).

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