Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Pleanala Enquiry

  • 27-10-2007 9:48am
    #1
    Dumpy
    Closed Accounts Posts: 4 ✭


    Hi all,

    Just a quick question i would like to post. and I would be grateful if someone could help me out.

    Is it proper procedure for an bord pleanala to totally disregard a ground of appeal against a planning decision. A recent appeal referenced no fewer that 5 times that initial objectors to a development had not received notification of changes to a development provided under further information.
    This ground of appeal was totally ignored & within the inspectors report he quotes Significant Further Information having been presented during the planning process.

    The changes to the development during this process introduced a new house type which constituted more than 50% of the total proposed dwellings.

    Contrary to his report, following a query to the county manager with regard to this issue we were notified that the planning authority did not deem the information to be significant and as such they were not obliged to serve public notices.

    What's goin on.

    Thanks.


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The cases of Clinton v An Bord Pleanála [2007] IESC 19 (2 May 2007) and Gorman v Minister for Environment (No 2) [2001] 2 IR 414.

    Judicial review of planning decisions can only succeed, where challenge is made to the merits of a planning decision, if the decision was irrational or contrary to fundamental reason and common sense.


Advertisement