Coexist
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Under Section 247 of the P&D Act all LA’s are legally obliged to keep a copy of pre-planning discussions and these must be made available to the public. Any deviation from this could lead to an invalid application.
Hope this info is of some use?Basically I’m curious to learn if no reference was made to a pre-planning consultation on the application form, even though according to a large section of wording in the appeal to An Bord Pleanala such a consultation obviously took place how ought I to address this to my local authority or is it all merely a matter of hearsay? Surely, secret meetings cannot be engaged in at this level.
According to the Appeal I have no doubt that such a consultation occurred and although I checked and rechecked the application, there is no record whatsoever of such a meeting, This is very sinister indeed. Can I query my L.A.on this or is there anyway that this may be of interest to An Boad Pleanala?
Thanks again.
Thanks lexington. You’ve been very helpful and not for the first time either.
I’m glad that they’re are people of your knowledge here to make understanding the planning process a little easier for those of us that have never been down this road before.
Do you know anything pertaining to enforcement notices.
As an enforcement notice was issued against an unauthorised development that arose from the original file mumber and as a consequence because retention and a new file number was issued and conditional permission granted, does this new application therfore dismiss with the enforcement notice that was applicable on the original file number?
Yes, as soon as I gather the facts I believe I may consider taking this case to An Bord pleanala.The Enforcement Notice is a vital element and if it’s lost then I feel that what seems over as a result of the retention permission may indeed have only opened another avenue for the applicants to prolong this case even further.
What I meant to say is is it possible to be able to view a planners report to see in effect how they reached their decision?
I’ve found the page and viewed the link where conditions are attached. Basically as I’ve posted another query on Enforcement maybe you might be able to answer this one. As an enforcement notice was issued against an unauthorised development that arose from the original file mumber and as a consequence retention was applied for and as is the case was given a new file number. As retention was granted under conditional permission, that is, the same conditions that applied to the first application are basically repeated in the retention one, I wondered can retention be aplied for again and is the initial enforcement notice still applicable.
Phew, tough one. :confused:
I read the Bord Pleanala page http://www.pleanala.ie/public2.html but basically I’m looking to know if I can view a planner’s report that was decided upon a few days ago by my local authority planning department. This wouldn’t have gone to An Bord Pleanala.
Thanks for the info.
The first two applications were invalidated because the applicants basically fabricated what they were looking to retain, in the second application, they looked for permission to remove the extension and replace with the bay window. What is confusing is that before they even consider going back to the original conditions they were requested to submit revised plans for the porch and bay window. they never did, simply because thiis is not what they want. The extension is what they are after and even in their new application which was recently validated the wording contained in it is extremely dubious. The extension consists of one entire unit but they’ve made it out to be a two part plan – retain the porch and retain and complete the front extension, which basically is a contrived play on words. I can’t believe the person that ruled on this was not familiar with the original file number and the conditions therein, and because of this it’s fair to say that those that have commited an illegal act are being rewarded. The fact that their application is now validated opens all manner of recourse for them.
Is it possible that I may ask the planner to verify how he or she made their decision, considering what is involved?
Is this really acceptable? Is there any way whereby I can question the decision the planning authority made in validating this new application, especially after rejecting the first two.
Please, could anyone tell me where I may obtain information on all aspects of Retention and how an application that consists of an unauthorised development carrying an enforcement notice could be validated.
I am deeply worried over this, and I feel that I shouldn’t have to return to view this application as I already did that and the council gave their ruling, which was fair.
I really need help. Anyone?
