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Dodgy Planning Permission

2»

Comments

  • #52
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    The website has updated and now provides that the CoCo have sought further information from the applicant.

    Looking forward to seeing what information they're referring to!


  • #53
    runawaybishop
    Registered Users, Registered Users 2 Posts: 9,510 ✭✭✭runawaybishop


    LawBoy2018 wrote: »
    The website has updated and now provides that the CoCo have sought further information from the applicant.

    Looking forward to seeing what information they're referring to!

    Check if they have uploaded the letter they sent


  • #54
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    runawaybishop wrote: »
    Check if they have uploaded the letter they sent

    Nope, not yet! There seems to be a delay of 7 days from when the other documents were issued to when they were subsequently uploaded.


  • #55
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    Should an IPC licence be required for a quarry?


  • #56
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    An update re the planning permission!

    The most recent request for further information has been published, and the CoCo wants clarity re the following:

    1. The profile of the ground water level monitoring shows a significant difference in the ground water levels between borehole 1 and borehole 3, i.e. approx 3m over a distance of approx 100m. This is a significant hydraulic gradient that requires validation and a scientific explanation. Please examine and compare the data used in the delineation of the Source Protection Zone which was commissioned by the National Federation of Group Water Schemes and approved by GSI.

    2. The proposed excavation level of the quarry is 98m. The is below the winter water table level at BH 1. The abstraction and drainage of groundwater will have to be regulated in this instance. As the proposed area is located in a drinking water source protection area, this may pose a significant risk to the quality of water and may affect the zone of contribution of the abstraction. This would require careful examination and regulation and this is not properly addressed in the proposal.

    3. The proposed restoration plan will replace 500mm of overburden on the excavated quarry floor at 98mOD. This will render the groundwater vulnerability as 'extreme' in terms of the GSI classification. This creates a high risk for pollution transmission to the underlying groundwater. A depth of 3-5 metres of overburden would be classified as a 'high' vulnerability and this would be more suitable, however, minimal depth of protection for the water supply.

    4. Please give an approx. figure in tonnes/cubic metres of material to be removed in total from the application site area.


  • #57
    Ginger83
    Registered Users Posts: 3,553 ✭✭✭Ginger83


    The level of incompetence and then ignorance in some councils is amazing.


  • #58
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    Ginger83 wrote: »
    The level of incompetence and then ignorance in some councils is amazing.

    It seems like double Dutch to me if I'm being honest!


  • #59
    Ginger83
    Registered Users Posts: 3,553 ✭✭✭Ginger83


    LawBoy2018 wrote: »
    It seems like double Dutch to me if I'm being honest!

    How can you appeal if a decision has not been made yet?


  • #60
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    Ginger83 wrote: »
    How can you appeal if a decision has not been made yet?

    I can't! I'll need to wait until a decision has been made.


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  • #61
    Lenar3556
    Registered Users, Registered Users 2 Posts: 1,525 ✭✭✭Lenar3556


    Ginger83 wrote: »
    How can you appeal if a decision has not been made yet?

    There is a window to make a ‘submission’ to the local authority which the OP tells us has now past. It is generally necessary to show evidence of having made a submission in order to subsequently lodge an appeal against a decision to an bord pleanala.

    Without having in the first instance made a submission, your options to intervene / object to the development are significantly narrowed.


  • #62
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    Lenar3556 wrote: »
    There is a window to make a ‘submission’ to the local authority which the OP tells us has now past. It is generally necessary to show evidence of having made a submission in order to subsequently lodge an appeal against a decision to an bord pleanala.

    Without having in the first instance made a submission, your options to intervene / object to the development are significantly narrowed.

    In my circumstances, it actually doesn't make a difference as I own adjoining land.


  • #63
    murt75
    Registered Users Posts: 14 ✭murt75


    Just so you are aware, article 29(3) of the P&D regs clearly states that submissions made after the 5 weeks are not allowed and must be returned, so the PA had no choice in the matter.


  • #64
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    murt75 wrote: »
    Just so you are aware, article 29(3) of the P&D regs clearly states that submissions made after the 5 weeks are not allowed and must be returned, so the PA had no choice in the matter.

    No choice as to what? I haven't tried to appeal the proposed development?


  • #65
    murt75
    Registered Users Posts: 14 ✭murt75


    LawBoy2018 wrote: »
    No choice as to what? I haven't tried to appeal the proposed development?

    Sorry I wasn't clear, they had no choice in not taking in account when making their decision the information in your email regarding the neighboring house. You will have to apply to ABP for leave to appeal the decision of the PA, if you are not happy with the decision. The applicant now has six months to return the further information to the PA, and the PA has 4 weeks after that to make a decision.


  • #66
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    murt75 wrote: »
    Sorry I wasn't clear, they had no choice in not taking in account when making their decision the information in your email regarding the neighboring house. You will have to apply to ABP for leave to appeal the decision of the PA, if you are not happy with the decision. The applicant now has six months to return the further information to the PA, and the PA has 4 weeks after that to make a decision.

    No bother at all, thanks for your input!


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  • #67
    Caranica
    Registered Users, Registered Users 2 Posts: 10,145 ✭✭✭✭Caranica


    murt75 wrote: »
    Just so you are aware, article 29(3) of the P&D regs clearly states that submissions made after the 5 weeks are not allowed and must be returned, so the PA had no choice in the matter.

    The submission window reopens after further information is received. If people have already made an observation, they can comment again without having to pay the €20 fee. I can't remember if new observations are permitted at that time.


  • #68
    murt75
    Registered Users Posts: 14 ✭murt75


    Caranica wrote: »
    The submission window reopens after further information is received. If people have already made an observation, they can comment again without having to pay the €20 fee. I can't remember if new observations are permitted at that time.

    Only if the further information is deemed by the PA as significant, this will also require a new site notice a newspaper ad.


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