La Respnsibilities
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Hey all, hope you can provide some light on this for me.
Last year a group of us objected to a rediculous development that was proposed to be built in a green belt area. The council acknowledged our objection. In december they requested an additional information from the developer but never informed us. On April this year the additional information was lodged and yet again we were never informed. The decision has since been granted and yet again we were not informed of this. The time to object to an bord pleanala has since expired and as we were not kept updated on events we missed the boat.
The planning and development act 2001 states that the council are to inform in writing notice of all of the above. An Bord Pleanala has said that their hands are tied and that they cannot throw a planning out anyway if the council is at fault.
What advice does anyone have or has anyone come accross this before. Thisupsurd development will now be going ahead and the LA seemingly can get away with breaching planning law. If we bring it to the ombudsman, they’ll get a slap on the wrist but the development will still exist.
All comments welcomed.
Regards
JS 😡
has the pleannla report been published, is it available on the web?
@keating wrote:
has the pleannla report been published, is it available on the web?
It hasnt gone to An Bord Pleanala. By the time I realised that the decision was due, time for appeal to An Bord Pleanal had expired. I was expecting notification from The LA of the decision or of additional information as is required of them. This is why i missed my chance to bring it further.
Seems open to judicial review. A positive result would be the quashing of the decision. Then the applicant would have to go through it all again. End result, he may get PP anyway. But if a technical legal breach has occurred in the process, it is open to judicial review. May be costly though
Exact same thing hapened to relatives of mine in Dun Laoghaire Rathdown. Legal advice was that there was a case for judicial review, but they unfortunately had to decide against it on the basis of the costs and risk of failure. I wonder how often this happens?
What was the LA’s reason for not sending you an letter informing you of the decision?
It could simply have got lost in the post, after all.
Did they claim that they had sent it or not?
@forrestreid wrote:
What was the LA’s reason for not sending you an letter informing you of the decision?
It could simply have got lost in the post, after all.
Did they claim that they had sent it or not?
The council sent me a letter stating they were not obliged to inform me of additional information requests, notice of response to A.I. or notice of grant of decision. So i sent them the section from planning and development act 2001, which stated they were required to do so for all of the above within 3 days of each issue and council have now issued grant of permission…. a bit too late.
A judicial review will not quash the decision, merely give a direction on how the decision should be made in future.
It is also too late now to do anything about it
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