What happens next?
- This topic has 10 replies, 6 voices, and was last updated 18 years, 2 months ago by
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I (and about 100 others) recently made an objection to a proposed development near me by one of the largest property developers in the area. There were many varied and valid reasons for objection and the local planning authority seem to be bending over backwards to enable this developer to go ahead with his plans. They sent his original application back for ‘further information’ over some minor issues but haven’t even mentioned any of the more serious ones. It now looks like they are about to grant him planning permission for a slightly revised version of his original proposals. If this is the case I’d like to take it further, what can I do? Do I have to wait until they make their decision or should I be voicing my concerns to the PA in advance?
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if they grant your only recourse is to take it to an bord pleanala. only an objector who objected originally to the planning authoiurty can do this as far as i know. if the grounds upon which your objection is based are sound, an bord pleanala will look at any and all observations by third parties and rule accordingly. if they uphold the grant, your only option is legal proceedings and a day in the high court, which i wouldn’t advise.
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The applicant has up to 6 months to respond to the request for additional information (RFI) – after which time (if unanswered) the application is deemed withdrawn.
If theapplicant responds and if the planning authority considers that the response contains significent additional data then anyone who has already objected plus new entries to the process may makke submissions on the additional information. This fact will be advertised in the press. However if the PA does not consider the additioal information to contain significent new data there is no opportunity to comment on it.
Keep n touch with the progress of the application – it must be decided within 4 weeks of the applicant’s response (8 weeks in some circumstances) and – if you are on record – you will be advised in writing of the decision. You will then have 4 weeks (from the date of the decision) to submit an appeal.
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You can usually keep up to date on the application through the LAs website. You should also consult the An Bord Pleanala website to find the details of making an appeal. You have 4 weeks from the date of grant by the LA to appeal to ABP and as mentioned you (or your group) must have been originally involved in the application. You should be advised in writing of the LAs decision if you have lodged and appeal (but dont depend on it). Keep all correspondance.
Regarding your grounds for objection to the scheme, these will still be valid even after Additional Information has been requested and provided and must still be considered by the planning authority.
Finally, regardng court action mentioned here, it is important that you realise that the decision of An Bord Pleanala is final. You may only approach the courts on points of law, things like ‘has due process been followed’ etc.
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Sorry about the delay getting back, I’ve been away from a computer for the last couple of days, thanks again to all who offered advice I’m very grateful.
Were you notified of the further information submitted?
Not a word, since we submitted our comments we have heard nothing from the PA, the only reason we knew it had been sent for further information was because I rang to enquire what had happened. Likewise the only reason I knew he’d come back with some further information was because I went to have a look at the file. Surely the PA should be keeping us informed of whats happening?
Theyre not even that good at updating their website, its hard to find anything and a lot of it is out of date, they told me that theyre not resposible for that as someone else does it for them.
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I’ve just had a look at the Bord Pleanala website to see how to go about appealing in the event he suceeds.
I’m slightly confused as to which category I fall into,
Am I (d) or am I (e) or what is the difference? or can I apply under (j) and state my case orally?
Otherwise when I appeal, do I just have to stste the reason why and then wait until they ask for more or do I send a long letter detailing all the issues when I make the appeal?
Thanks
I found the info here, I hope its current but its top of Googles list…
http://www.pleanala.ie/appealpack/controlfees.html -
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