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Can Local Authourity ignore Pleanála conditions?

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  • 02-05-2013 7:23am
    #1
    Travis Unimportant Tech
    Posts: 0 ✭✭✭ Travis Unimportant Tech


    A local authority granted a planning permission. This was appealed to An Bord Pleanála, who granted, but imposed conditions to preserve amenity.

    The developer failed to comply with the conditions, and has adopted an incremental approach to compliance by making small adjustments, and applying for retention for each adjustment.

    On the previous retention, the Local Authority report suggested that modifications which would not comply with the conditions could be acceptable. This is being used as the basis for a retention application.

    My question is this : Is a Local authority permitted to grant permission for a retention application which does not comply with conditions set down in an An Bord Pleanála order?
    Tagged:


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


    Travis Unimportant Tech wrote: »
    My question is this : Is a Local authority permitted to grant permission for a retention application which does not comply with conditions set down in an An Bord Pleanála order?

    Yes, as part of a new application, they are. BUT, remember that this application can also be appealed to ABP, and if it is being appealed the whole picture should be painted out for The Board. The Board have the authority to refuse the application if it breaches the spirit of the original permission grant.


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    #3
    Travis Unimportant Tech
    Posts: 0 ✭✭✭ Travis Unimportant Tech


    Thanks, Poor Uncle Tom.

    In addition to this, Enforcement have declined to fully act, as they feel that the developer has done enough, although they admit that the Pleanála conditions have still not been met.

    I feel that the local authority just wants to put the matter to rest and that they are not interested in upholding the conditions.

    Do I have any response options on this?


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    #4
    sydthebeat
    Subscribers Posts: 41,586 ✭✭✭✭sydthebeat


    Travis Unimportant Tech wrote: »
    Thanks, Poor Uncle Tom.

    In addition to this, Enforcement have declined to fully act, as they feel that the developer has done enough, although they admit that the Pleanála conditions have still not been met.

    I feel that the local authority just wants to put the matter to rest and that they are not interested in upholding the conditions.

    Do I have any response options on this?

    on every application for retention you by all means have the right to object and appeal.

    Enforcement will always take a hands off approach if compliance is being seeing to be carried out, even incrementally, and if retention permission is granted then enforcement is negated.


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