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Circuit Court vs An Bord Pleanala

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  • 11-10-2013 7:34pm
    #1
    kellysheroes
    Registered Users Posts: 2 ✭


    Hi all, I have a query about the powers of An Bord Pleanala against the Circuit Court. A disputed wall between two plots of land ended up in a Circuit Court 2 years ago. A compromise was met and both parties agreed to the deal. The court made this deal its ruling and the case was closed. The wall was altered according to the courts rulings and all was well until 3 weeks ago the original defendant received a letter from the other parties solicitors stating they intend getting the ruling overturned by An Bord Pleanala. Is this normal? Can the ruling be overturned?

    Basically can An Bord Pleanala overturn a Circuit Court ruling that has already been agreed too?

    P.S. boards newbie here, if this is the wrong place apologies.
    Tagged:


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    #2
    kellysheroes
    Registered Users Posts: 2 ✭kellysheroes


    bump


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    #3
    Five Lamps
    Closed Accounts Posts: 687 ✭✭✭Five Lamps


    Can't see how they would be involved unless it's a planning matter.

    Was the construction of the wall subject to planning permission? The court may decide the position and height of the wall but it would probably need PP to be built.

    If the other party is eligible to go to ABP then they can and don't need a solicitor to tell you so. The fact that their solicitor is writing to you to advise you that they intend doing this sounds like they are huffing and puffing.

    Let them go to ABP.


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    #4
    dazza21ie
    Registered Users Posts: 992 ✭✭✭dazza21ie


    Was the circuit court case in respect of a boundary issue? As said above this would be quite seperate to a planning matter. The local authorities would be the first place to deal with this unless they have already made a decision?


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