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Planning Conditions Appeals

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  • 01-04-2011 7:09pm
    #1
    arktrux
    Registered Users Posts: 15 ✭


    HI All:

    Can anyone give some advice about the procedures with regard to appealing conditions of a planning decision and any restrictions that may apply

    Thanks.
    Tagged:


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    #2
    muffler
    Registered Users Posts: 46,005 ✭✭✭✭muffler


    This leaflet will explain it all


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    #3
    arktrux
    Registered Users Posts: 15 ✭arktrux


    Thanks Muffler!


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    #4
    muffler
    Registered Users Posts: 46,005 ✭✭✭✭muffler


    No problem. :)

    That little publication is dated Oct. '02 and while there may have been a couple of small amendments in the interim I think the nuts and bolts of it all are covered. I haven't been involved in an appeal (thankfully) for years now so Im not completely up to date myself. The FAQ's on the Bord's web site will be helpful.


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    #5
    arktrux
    Registered Users Posts: 15 ✭arktrux


    I was reading the FAQ's on the website, and in number 21 where talks about Conditions, is the same in time and procedures the same as an appeal for a whole application?

    21. In what circumstances may the Board not consider the application de novo?
    Where an appeal relates to conditions only which are attached to a decision of a planning authority to grant permission and there is no other appeal, the Board may generally use its discretionary powers not to consider the application de novo. Instead, it may issue directions to the planning authority to amend, remove or attach new conditions to the decision. Where it decides not to use its discretionary powers, the Board may either grant or refuse permission for the development even where conditions only are appealed. However, see answer 11(c) relating to Development and Supplementary Contribution Scheme conditions and special contributions where different provisions may apply.


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    #6
    muffler
    Registered Users Posts: 46,005 ✭✭✭✭muffler


    The procedures involved and the time constraints would be the same with every appeal. If in doubt Id suggest you engage an architect/technician/planning consultant to handle this on your behalf or at least advise you.


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    #7
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,139 Mod ✭✭✭✭BryanF


    arktrux wrote: »
    HI All:

    Can anyone give some advice about the procedures with regard to appealing conditions of a planning decision and any restrictions that may apply

    Thanks.

    May I ask what are the conditions? what seem difficult/troublesome on paper can often be clarified with a phone call to the planner, and from experience an internal rearrangement can often prove to be the easiest solution/compromise.

    as a matter of interest what did your architect advise?


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