Third party right of appeal
June 22, 2004 at 10:00 am #707168AnonymousInactive
I need some feedback on this soon, for a radio piece
The Scottish Parliament is reviewing the planning process and one thing being considered is giving third parties a right of appeal.
Campaigners for, including Friends of the Earth are saying the system works well in Ireland.
June 22, 2004 at 10:04 am #743737AnonymousInactive
By Third Party, do you mean someone who is maybe living in an area that is to be affected by a new development?
June 22, 2004 at 10:19 am #743738AnonymousInactive
At present in Scotland only the applicant, usually the developer, has the entitlement to appeal a planning refusal.
Anyone affected by an approval, in contrast, cannot appeal.
June 22, 2004 at 10:33 am #743739AnonymousInactive
I think the allowance of people who live near a future development to appeal is very important. If it was not there I think some severe rubbish could be built (that is not to say that severe rubbish is not built anyway, or the appeals system cannot itself lead to the building of rubbish). I can also see how it can have a negative impact aswell. I suppose it comes back to the diffrence between appealing for the sake of it or appealling based on well based fears that what is being built will actually have a negative impact on peoples lives, or the surrounding built environment.
June 22, 2004 at 11:49 am #743740urbanistoParticipant
Personally I support the Third Party Right of Appeal as I think it makes the planning process more transparent and accountable. Does it work well in Ireland? In theory I think it does. It is definately becoming increasingly contentious, especially with regard to prescribed bodies. But it works both ways, while it allows any individual to comment on and appeal any planning decision it which may adversly affect them it also can be seen to throw a spanner in the works for any individual seeking to gain permission. Hence you get all these stories from local councillors about ‘poor young couples’ who just ‘can’t get permission’ for their 10 bed Dallas-style mansion with septic tank on the banks of that beautiful river or on the crest of that incredibly scenic hill.
On the whole I think it is a progressive measure in our planning system and one that should be encouraged as a way of increasing participation in the planning system.
June 22, 2004 at 12:03 pm #743741FINParticipant
appealing to the planning authority is a right but i think it relates to appeals to an bord pleanala. if the authority did it’s job right then there wouldn’t be rubbish built. mind you on that same tone it’s up to the professional’s not to design rubbish but here i suppose any woodwork teacher can call themselves architect’s and most of what they produce is absolute shite. so an bord is maybe a good way in that respect but it is open to abuse from small minded simpletons who have nothing better to do than object. in fact, who is an bord pleanala, how do you get on to it? are the public appointments, if so are they open to bribery( as we all know, cos we pay for these bloody tribunals,seems rife) , are the public servants? if so what qualifications and who dicided these where the best to review architecture.
sorry alan, getting off point there. but you all over there have to be careful in this regard. this is where i presume the rias or riba step up to the plate and make appointments or have some sort of input into the make-up of any such thing.
if it just appeals to local authorities, then there is a lot of unrest here. i know of 1 in particular, i amn’t involved so i can mention it, a hotel in a medium sized town in galway. no objectionis from anyone in the town or county at all. the 1 objection came from someone in kildare and went through the whole process and won it with an bord. this has agrevated everyone surronding the town as it has stopped vital economic investment, an addition to local amenities and how can someone so far away influence the growth and prosperity of a town. this has to be gaurded against as well. of course hippy’s of the earth or whatever there called want this, ths would no doubt happen within your communities as well.
June 29, 2004 at 5:18 pm #743742AnonymousParticipant
If the Third party objection is unfounded it will be ignored, the introduction of a 20euro fee was a good move. It cut objections dramatically.
Born against became an expensive philosophy for NIMBY minded individuals.
Third party appeals are most effective when vague claims are made in applications, it allows someone who would be affected to clarify the situation.
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