Putting an appeal together

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    • #709168
      Susan
      Participant

      Hi, I put in an objection against a story and half and double garage being built in front of my bungalow. I live on a narrow country road, but unfortunatley they got planning. It would seem the planning authories never took my objection into consideration at all!! I have good reasons for objecting, their house will be elevated where my house is lower than the road level and you drive down to my house, their gate way is too close to my and my neighbours. I mentioned ribbon effect, the upper windows over looking all our bedrooms to the front of our house. I even took pictures to prove my case. I suppose it didnt help that the person building the house is an architect and deals with the planning authories and his sister works for the planning authories where i had to hand in my objection. I feel it was an open and shut case. My question is “Is it worth putting in an appeal to An Bord Pleanana” I was told by a planning officer not to bother as he got it on *local need”. What do i do?
      Susan

    • #787132
      Anonymous
      Inactive

      stand up for yourself. Lodge an appeal to An Bord Pleanala straight away. Just because he is an architect does not give him a right to develop something which will intrude on your enjoyment of your property.

      Get yourself a professional planning consultant or an architect/engineer. Maybe someone from outside the area so too many feathers will not be ruffled.

      This might cost u a bit but in the long run will be worth it..

    • #787133
      Anonymous
      Inactive

      Thanks for that, your right its better to go down fighting!!! you never know i might be lucky

    • #787134
      Anonymous
      Inactive

      Well I got my appeal together and sent it in, it was hard work but worth it as An Bord Pleanala accepted it. So now I have the long wait to see if they over turn Westmeaths County Councils decision. What do you think my chances are SLIM??????
      Susan

    • #787135
      admin
      Keymaster

      It will get a fair hearing

    • #787136
      Anonymous
      Inactive

      My local paper posted an artical about my appeal and printed my name, are they aloud to do this. If they are I think everything goes for those applying for planning. 😡

    • #787137
      admin
      Keymaster

      Susan

      I am very sorry that you were singled out in this way by some local hack who has no doubt branded you a troublesome and meddlesome individual. Unfortunately this is an all to common occurance but I am sure that as the next local gossip emerges that your week in the spotlight will diminish and fade from peoples memories.

      If you felt that the development as proposed did not constitute proper planning and development of the site then you are absolutely right to use your hard earned money to have your voice heard by those who are most qualified to assess planning applications.

      Do not forget that local newspapers make a lot of their ad revenue from planning application adverts and as such many journalists would be well disposed to attempting to bully those who stick their head above the parapet so to speak.

      I hope that your case has sufficient merit to have been submitted in the first place considering the stress this appears to have cost.

    • #787138
      Anonymous
      Inactive

      Susan, hi. I notice that the same thing happens where I live in relation to the fact you lodged an appeal with An Bord Pleanala. Because Appeals apear on ABP’s website it’s not unusual that the media picks up on some, especially those they consider newsworthy. Usually the obvious ones we see in papers etc would involve corporate development. I am heartened to learn that you put your own Appeal together and submitted it and that it is acceptable to the Bord. I sincerely wish you well and its better to lodge one than to just sit by and be at the mercy of a decision that impacts not only on your property but on your life. Fingers crossed that the Bord wil look favourably on it and as the guys here frequently say it wil be judged on planning merits so you do have a very good case indeed.

    • #787139
      Anonymous
      Inactive

      Hi again Susan, when reading your post I can but imagine how you must have knowing that

      the person building the house is an architect house is an architect and deals with the planning authories and his sister works for the planning authories

      It can send out the wrong signals and make you feel that no matter what you do this is already a done deal. I admit that’s a sweeping statement but sometimes it’s who’s involved in a planning case that affects how we generally react to it.

      If it’s of any comfort I want you to know that you’re not alone in that respect.

      Recently, I too was caught up in a planning case wherein the architect is a relative of the applicants and a local county councillor is not only a friend of this architect but certain members of the archtects family actually have a working relationship with the aforesaid councillor.

      I apologise for detracting from your predicament and despite how you may feel at this time your chances are in no way ‘SLIM’. Your appeal will matter and will be taken into account, it is one of the fortunate elements of the Irish Planning System whereby we have the right to appeal.

      Please keep us updated on your case.

    • #787140
      Anonymous
      Inactive

      As the others said, they are allowed to print your name. It’s similar to the way justice is done – that it has to be seen to be done – so courts are open to the public. But I know that these things can be the cause of considerable local ill-feeling.

      ABP will determine the appeal de novo, i.e. as if it’s a brand new application, and in theory ABP should be completely disinterested and should determine the application solely on planning merit. This should also be the case with the local authority at determination stage, but as you say there can be a perception (or a reality) that the LA has a bias. Some of ABP’s decisions have been odd, but they’re usually the bigger projects. In general, smaller ones such as this should get a fair hearing.

      Best of luck.

    • #787141
      Anonymous
      Inactive

      I lodged an appeal once against a major development – they were six other appellants but because I was first off the mark the appeal was always referred to as Barry Hall and others. I got top billing in the local newspapers with my name on the front page. We won the appeal and the development was refused – I had tens of people coming up to me to offer their congrats and saying they wished they had the courage to do it – well done – stick to your guns.

    • #787142
      Anonymous
      Inactive

      Well done, its great to know that you can win, just a short question durning the 18 weeks of a wait did you get any feed back or information from An Bord Pleanala.?????? Did it take 18 weeks.???????
      Thanks Susan

    • #787143
      Anonymous
      Inactive

      @Susan wrote:

      Well done, its great to know that you can win, just a short question durning the 18 weeks of a wait did you get any feed back or information from An Bord Pleanala.?????? Did it take 18 weeks.???????
      Thanks Susan

      :confused:

    • #787144
      Anonymous
      Inactive

      Susan, hi. This is the nail-biting period. 18 weeks is the standard time, however, some cases may be decided on well in advance of the timeframe stipulated. If for any reason Bord Pleanal have not reached a decision on a particular case and the time is pressing on they will write to you and inform you of this fact and will supply you with a date when the decision shall be made.

      Keep the faith. no news is good news. I wish you the very best and thanks for keeping us updated.

    • #787145
      Anonymous
      Inactive

      Thanks for the info, I will keep you updated.
      Susan

    • #787146
      Anonymous
      Inactive

      Yasus this is a very interesting case – particularly considering the circumstantial factors. It was not the job of the local officer to advise Susan “not to bother”, but in fact to inform her that that was her democratic entitlement. Hope it gets a fair hearing, all things considered.

    • #787147
      Anonymous
      Inactive

      Thanks, I will keep you up dated when I get the good or bad news!!!! IT BETTER BE GOOD NEWS.:)

    • #787148
      Anonymous
      Inactive

      Well the 5th May 2007 is D-Day!!!!!!!!!!!!!! Six more days and counting, I will post the results when I get the news. GOOD or BAD. Fingers crossed I will post a happy Face:) Thanks for all your support. Susan

    • #787149
      Anonymous
      Inactive

      5th of June I presume you mean?

    • #787150
      Anonymous
      Inactive

      Sorry Yes 5th June 2007 :confused: You see what this is doing to my brian oh well it will be all over on Tuesday and what ever the out come I will just have to live with it.

    • #787151
      Anonymous
      Inactive

      :confused: Well Tuesday the 5th June 2007 is D-day!!!!!!!!! I will know if all the hard work and worrying was worth it. Fingers crossed I will have good news for you and maybe it will give others who have to put an appeal together some hope! Trust me it is not an easy thing to do. Thanks for all your support during the months.
      Susan

    • #787152
      Anonymous
      Inactive

      Susan, good luck for tuesday, but be very prepared for the Bord putting on an extension of 4 weeks… it happens quite often…..

      just a little heads up…..

    • #787153
      Anonymous
      Inactive

      Why do they put on an extension of 4 weeks, I rang two weeks ago and they gave me that date. You would think if they knew it wouldn’t be ready they would be able to tell you. Who are we to question the people who have our faith in their hands! Well I will know on Tuesday morning I will be first on the que to find out, thanks for the information. Susan:eek:

    • #787154
      Anonymous
      Inactive

      :confused: Well my appeal was due on the 5th June 2007 but the Board now intends to determine th appeal before 29th June 2007. I was told over the phone I have a 25 % chance of the Board over turning the ruling! So the glass is half empty! Oh well I live in HOPE and am keeping my fingers crossed.

    • #787155
      Anonymous
      Inactive

      what you were told over the phone counts for nothing……. the case will be determined on its own merits., depending on the strength and relevance of the argument……

      good luck for the 29th…

    • #787156
      Anonymous
      Inactive

      Good luck with it Sue. You said you’d keep us updated and you certainly kept your word. it is a stressful time but it’s with a body that will now decide the case on its merits. It’s not unusual for ABP to extend the decision date by a further 4 weeks or thereabouts, however if that is so then you should have been informed of this by letter from them.

      I sincerely hope that the decision is fair as it does take it’s toll personally but at least you had a chance to put your case across.

      Thinking of you.

    • #787157
      Anonymous
      Inactive

      I just read your entries and it all sounds very stressful. You could be forgiven for thinking that the appeals procsss almost seems designed to discourage appeals!! Hopefully it works out for you in the end

    • #787158
      Anonymous
      Inactive

      Thanks Mick, well I can tell you it is very stressful. The day before the appeal was due the owner of the site cut all the grass around the site notice?? Then we where told we would have another three weeks to wait, under the cover of night he removed the site notice, I can’t tell you why he did that as he took great pride in walking by our garden and cleaning the sign daily, so I also have that to contend with that!!!! All I can do is hope for the best, if he wins he will walk the road like a peacock and if he loses there will be war, either way I will have to deal with the outcome.

    • #787159
      Anonymous
      Inactive

      susan, regarding the site notice… it only has to stay up for 5 weeks after the application is submitted….. after that its null and void… so it doesnt count for anything after the 5 week period….

    • #787160
      Anonymous
      Inactive

      Well tomorrrow is the 28th and another phone call to see if my appeal is ready. Lets hope it is good news, I belive they will not tell you the outcome over the phone only if the board has dicided on the case!!! keep your fingers crossed. I will let you know the out come :confused: Susan.

    • #787161
      Anonymous
      Inactive

      Well today WAS the day!!!But unfortunatley not ready so I have to ring on Monday. Fingers Crossed Susan

    • #787162
      Anonymous
      Inactive

      Good Luck Susan 🙂

      any news now ?

    • #787163
      Anonymous
      Inactive

      :confused: Yes I have news, but it is not the news I wanted to be relaying back to you. Unfortunately I lost my appeal. I recevied the bad news on Tuesday. I don’t know what to say, I really thought I had a good case but LOCAL NEED won. Well all I can do now is wait for the diggers to come and close my curtains when I am using the rooms at the front of the house. So I will say good-bye and thank-you for all your support durning the past months, you have all been a GREAT HELP!!!:) Susan

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