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

Planning Query - HELP

Options
  • 24-02-2017 9:17am
    #1
    ClareMigrant
    Registered Users Posts: 34 ✭


    Hi,

    We were due to receive our planning decision this weekend, last week my councilor rang the dept and they said that the planner had approved and was gone to senior planner for approval, he got word yesterday afternoon that they were going to refuse the decision based on the design and scale of the house, this was on foot of a FI request:

    Q1: Could they not have asked for additional FI and given us the opportunity to change to what they such wished?

    I had asked for multiple meetings with the council and to be kept informed if they had any queries/concerns, they obviously failed to give me any meeting or even keep me updated as to any concerns they had - given this is a public service, have they no obligations to the applicant?

    We were advised yesterday to withdraw the application rather than allow a refusal on the site and were back to square one now - I feel like ringing ht

    If anyone has any additional advise it would be greatly appreciated - can give more details etc. to anyone.

    Thanks,
    CM
    Tagged:


Comments

  • Options
    #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,333 Mod ✭✭✭✭Gumbo


    You cannot have a meeting with the planners while there's an active application.
    You must do this at pre planning stage. Just because it's a public service doesn't mean they are at your beck and call, they had no obligation to keep you informed in any way, shape or form and couldn't during the application process.

    Area planners often grant apps that are then overruled by the senior and vice Versa, happened me a few times.

    I'd nearly allow the refusal and relodge addressing the reasons for refusal.


  • Options
    #3
    sydthebeat
    Subscribers Posts: 41,590 ✭✭✭✭sydthebeat


    Once an application is in, the council should not be having any communication with you. It's undemocratic if they are getting info from you in drips and drabs, and external observers don't get to see everything at the start. You should have everything organised for the initial submission.

    You are of course able to have meetings pre submission of the application to iron out issues. Did you do this?

    If you've been advised that the scale and design is inappropriate, then you should withdraw and redesign.

    Personally I'm delighted that planners are starting to refuse large boxy monoliths in the countryside. Good design should be the foundation of panning applications.


  • Options
    #4
    ClareMigrant
    Registered Users Posts: 34 ✭ClareMigrant


    Hi Sydthebeat, thanks for the reply - why do Councillors/politicians have an open door access to the planners so, surely it should be completely independent of any influence, and Id place the applicants access to any planner above that of the politician. Given that we thought we had addressed the concerns from the FI request, surely if they had addiotnal concerns we could have rectified them the same way and not just gone to a decision?


  • Options
    #5
    sydthebeat
    Subscribers Posts: 41,590 ✭✭✭✭sydthebeat


    The councillors are the planners bosses at the end of the day.
    They shouldn't have influence over a decision however (though it's hard to argue they don't).

    If you didn't adequately answer the planners requests at fi stage, then it's really not the planners responsibility to offer a second bite at the cherry.


  • Options
    #6
    ClareMigrant
    Registered Users Posts: 34 ✭ClareMigrant


    Given the planning process is a independent subjective process, how am I to know what is and not to a planners liking without being a mind reader, they gave us details to be addressed, and in our opinion we addressed them, obviously in his/her we did'nt, instead of a flat refusal and no one to tell me exactly the direction in which to go, is it not more proactive to sit down with the applicants to convey concerns and issue direction, given they issued an FI request in the first place, it would mean that they thought they was scope for change


  • Advertisement
  • Options
    #7
    sydthebeat
    Subscribers Posts: 41,590 ✭✭✭✭sydthebeat


    ClareMigrant wrote: »
    Given the planning process is a independent subjective process, how am I to know what is and not to a planners liking without being a mind reader, they gave us details to be addressed, and in our opinion we addressed them, obviously in his/her we did'nt, instead of a flat refusal and no one to tell me exactly the direction in which to go, is it not more proactive to sit down with the applicants to convey concerns and issue direction, given they issued an FI request in the first place, it would mean that they thought they was scope for change

    Because there is a myriad of development plans, design guidelines etc and also fully accessible recently decided similar cases.

    Planners don't work in a vacuum and the system is designed to be as non subjective as possible.


  • Options
    #8
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,333 Mod ✭✭✭✭Gumbo


    ClareMigrant wrote: »
    Hi Sydthebeat, thanks for the reply - why do Councillors/politicians have an open door access to the planners so, surely it should be completely independent of any influence, and Id place the applicants access to any planner above that of the politician. Given that we thought we had addressed the concerns from the FI request, surely if they had addiotnal concerns we could have rectified them the same way and not just gone to a decision?

    Who asked the councillor to approach the planner in the first place?


  • Options
    #9
    Penn
    Registered Users Posts: 33,686 ✭✭✭✭Penn


    ClareMigrant wrote: »
    Given the planning process is a independent subjective process, how am I to know what is and not to a planners liking without being a mind reader, they gave us details to be addressed, and in our opinion we addressed them, obviously in his/her we did'nt, instead of a flat refusal and no one to tell me exactly the direction in which to go, is it not more proactive to sit down with the applicants to convey concerns and issue direction, given they issued an FI request in the first place, it would mean that they thought they was scope for change

    It's not the planners' job to tell you exactly in which direction to go. They can't design the house for you. It's up to you and your agent (if you had one) to do the required research of development plans, local design guidelines, nearby buildings, have a pre-planning meeting with a preliminary design etc and design accordingly. If they issued FI and after you resubmitted, they refused permission, it's because you didn't address the concerns of the FI enough. That was your chance. They're under no obligation to keep giving you more chances until you get it right.

    Ultimately, you could take the case to An Bord Pleanala, but it is expensive and may end up yielding the same result.

    Do you have an agent? What is their opinion on it?


Advertisement