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planning objections

  • 08-07-2008 9:07pm
    #1
    Registered Users, Registered Users 2 Posts: 1,835 ✭✭✭


    Hi,

    from the moment you put in for planning permission with the council, how much time is available for someone to lodge an objection?


Comments

  • Registered Users, Registered Users 2 Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    5 weeks from the date your planning application has been validated. But if the council ask for FI which involves a change to the building design, site layout, etc., they may ask you to advertise significant additional information/revised plans which can add another 2 weeks for potential submissions or objections.


  • Registered Users, Registered Users 2 Posts: 1,835 ✭✭✭CamperMan


    thanks Poor Uncle Tom!


  • Registered Users, Registered Users 2 Posts: 2,292 ✭✭✭RKQ


    5 weeks from the date of receipt of the application.

    A neighbour sharing a boundary with the proposed site / works can object directly to An Bord Pleanala, after the Council makes a decision. (Even if they didn't object to the Council)


  • Registered Users, Registered Users 2 Posts: 1,835 ✭✭✭CamperMan


    can a farmer with land on the opposite side of the road object?


  • Registered Users, Registered Users 2 Posts: 597 ✭✭✭Supertech


    Yes, as long as his / her observations are based on valid planning grounds.


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  • Subscribers Posts: 41,863 ✭✭✭✭sydthebeat


    RKQ wrote: »
    5 weeks from the date of receipt of the application.

    A neighbour sharing a boundary with the proposed site / works can object directly to An Bord Pleanala, after the Council makes a decision. (Even if they didn't object to the Council)

    RKQ, have you any clarification on this?

    I have heard of situations in which this has happend, however the regulations state that an adjoining land owner can only apply for 'leave to appeal' if it can be shown that the conditions of planning significantly alters that which was originally applied for.

    Are the Bord ignoring this 'significant change' issue and granting 'leave to appeal' whenever an adjoining landowner applies for it?


  • Registered Users, Registered Users 2 Posts: 46,321 ✭✭✭✭muffler


    looks as if Im following you around the place today syd ;)

    What you posted is what I believe to be the case. An adjoining landowner does not have an automatic right to appeal a decision unless he can demonstrate under an application for leave to appeal that imposed condition would materially altar the original proposal and would have a negative effect on his property.


  • Closed Accounts Posts: 26 smufett


    Anyone can object it only costs €20 I know of people that object as a hobby!! My friends just got there planning after 4 mths even thought it had 4 objections but they mostly have been valid enough, I know the fear now is that they ( people who made objections) can go to ABP but this costs €220 so the reason would want to be v good.


  • Registered Users, Registered Users 2 Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    smufett wrote: »
    .....but this costs €220 so the reason would want to be v good.

    €220 really isn't a lot if you want to upset someone and slow down their application or even potentially stop a development. It only becomes expensive if you are a serial objector.


  • Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    muffler wrote: »
    What you posted is what I believe to be the case. An adjoining landowner does not have an automatic right to appeal a decision unless he can demonstrate under an application for leave to appeal that imposed condition would materially altar the original proposal and would have a negative effect on his property.

    Snap . Very narrow circumstance . OP - 5 weeks is the answer


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  • Registered Users, Registered Users 2 Posts: 597 ✭✭✭Supertech


    €220 really isn't a lot if you want to upset someone and slow down their application or even potentially stop a development.

    .....or have a GENUINE reason to object to the development


  • Registered Users, Registered Users 2 Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    Supertech wrote: »
    .....or have a GENUINE reason to object to the development

    If the reason for appealing a development is found to be genuine (an bord pleanala sides with the appellant) then the fees should be returned in full. IMO.


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭S.L.F


    sydthebeat wrote: »
    RKQ, have you any clarification on this?

    I have heard of situations in which this has happend, however the regulations state that an adjoining land owner can only apply for 'leave to appeal' if it can be shown that the conditions of planning significantly alters that which was originally applied for.

    Are the Bord ignoring this 'significant change' issue and granting 'leave to appeal' whenever an adjoining landowner applies for it?
    muffler wrote: »
    looks as if Im following you around the place today syd ;)

    What you posted is what I believe to be the case. An adjoining landowner does not have an automatic right to appeal a decision unless he can demonstrate under an application for leave to appeal that imposed condition would materially altar the original proposal and would have a negative effect on his property.

    Regarding leave to appeal to ABP when I objected to ABP a couple of years ago about plans to build next door to my rented premises I had not objected to the CC but was given the right to have my views heard.

    Basically you don't have to be an owner to object.

    SLF


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