Planning Objection

Sparky78

Hi,

I recieved a planning objection on my self build from a person who's daughter previously applied for permission on the site and was turned down by on Bord Pleanala. She was turned down on an old development plan and I am confident that I meet all the crieria under the new 1.

The reasons for there objection(apart from the green eyed monster) were

Quote

"1 He does not require a house as he already has one."
"2 He does not need to live in the area."
"3 The application does not comply with the County Development Plan"(no reason give as to why it doesn't)

I am confident that Kildare County council will ignore the above.
My question is in your opinion do you think An Bord Pleanala would entertain a planning appeal on these grounds considering the past history. I believe you only have a 50 50 chance with the bord:eek:

Thanks

smashey

One thing about taking it to An Bord Pleanala is that it will cost a good bit more than the €20 they paid the council to object. In some cases, this puts them off.

Mellor

these two

"1 He does not require a house as he already has one."
"2 He does not need to live in the area."


relate to local needs. are these required in the area?

Sparky78

Mellor wrote:

these two

"1 He does not require a house as he already has one."
"2 He does not need to live in the area."


relate to local needs. are these required in the area?

Local need is required but
1. I dont have a house I'm in rented accomodation and sent evidence to support.
2. I have lived in the area all my life and have a wife and baby and work in the locality so I think I would benifit from living in the area.My son is even enrolled in the local school.

I think the council will see I'm a suitable candided I'm just worried about An Bord Pleanala because my architect says you only have a 50 50 chance even if the objection is unfounded.:mad:

muffler

Sparky78 wrote:

I think the council will see I'm a suitable candided I'm just worried about An Bord Pleanala because my architect says you only have a 50 50 chance even if the objection is unfounded.:mad:

I think your post is a bit premature - you haven't got a decision from the Council yet so the question of an appeal does not arise. Leave it till you know if there will be an appeal or not.

Mellor

as for there only being a 50/50 chance even if unfounded.
utter crap

sometime statistics confuse people, even mighty architects.
just because 50% of appeals are successful (going on the 50/50, is this the case), doesnt mean you have a 50/50 shot
as most of the buildings going for appeal are borderline. not many buildings that truely deserve planning will go to the board, and the ones that do ill have a higher success rate, the average is also dragged down by the bad ones tht shouldnt of got PP in the beginning

beolight

their objections can only be based on valid planning grounds

if you say you meet the local needs criteria their objections will not affect your application however other planning considerations may come into play which makes me wonder about the site and the possibility of gaining planning permission considering previous application was turned down

but without knowing all the details i can only give you general advise

did you have a pre planning meeting prior to making application

did you seek professional advise from a reputable planner/architect
prior to commiting to purchase

it would be a very good idea for you to go down to your planning office and READ/REREAD and get copies of all correspondense/decisions etc relating to the previous applicant from the planning authorities to an bord pleanala and find out why exactly previous application was turned down

also when your in the council office research all other applications/decisions in the area

your architect should of already done this but in my experience it is folly to rely on anyone in these matters do it yourself, you will very quickly gain an understanding of what planners position is and if it is negative at least you have a chance now to formulate a strategy to counter any of their objections.... these can be submitted at any stage in the process i believe(unsolicited information)

other thing you can do is withdraw application and revise your plans taking into account any planning points raised in previous application and resubmit the application at a later date, your erstwhile neighbour may miss the new application. this may be your best course of action as it will be very hard to get planning on a site where 2 applications have already been turned down (granted dev plans do change)

read the link below it points out valid planning considerations there are a lot more... but it will give you a gist of what i am saying

http://www.theloghousecompany.ie/info2.html


you need to act quickly


hopefully the purchase is subject to planning

Sparky78

Thanks for the info.

The Co Co gave the planning the last time and it was over turned by An Bord Pleanala. They over turned it on the fact that the applicant wasn't from a farming back ground which was one of the requirerments of the county development plan at the time. This has been replaced by local need in the new development plan.;)
My architect used to work in the council and has a very good reputation in Kildare for getting permission and he thinks I wont have a problem with the Co Co but An Bord Pleanala is another story.

beolight

okay

im still a bit confused who brought the objection to ABP?

Sparky78

beolight wrote:

okay

im still a bit confused who brought the objection to ABP?

Another neighbour(such a great community spirit where I live)

beolight

:eek: Jeez

do these neighbours not have sons ans daughters who may go this route in the future

one of the main reasons why planners can refuse you is

ribbon development

however your neighbours vigiliance in this area may actually have helped as it doesnt look like very much has been allowed to have been built in the area:D

i trust you have supplied all the necessary back up information supporting your local needs claim, in this case i would actually beef up that part of the application get letters from local priests/gaa club/local businesses/ local school teacher/local politician /provide a map of area showing where your other family members live and how long they have lived there. you can then submitt this as additional information in response to your neighbours objections

the other thing i would do is do the soil test now and submit this as additional information, they are going to request this as additional information anyways, the less things they can come back to you on the quicker the overall process will be

beolight

just curious

any update on this?