Can you stop someone appealing a decision

longyjohny

Just wondering, if a person is appealing a development , and all other neighbours are in favour of same development, say for example a new private road which would help to eleviate traffic, Can the fact that everyone else is in favour , override the one person's appeal- so effectively he wouldn't be allowed bring a decision to an bord planala?

Rows Grower

Well howdy!

You must be new around these parts stranger.

muffler

https://www.boards.ie/discussion/2058371685/can-you-stop-someone-appealing-a-decision

Anyone can make a submission on a planning application when its with the local council. Submissions can be in favour of or against a proposal. When a decision has been made any of those parties who made the submissions may appeal the Council's decision to ABP.

DOCARCH

https://www.boards.ie/discussion/2058371685/can-you-stop-someone-appealing-a-decision

The short awnser is no. Nothing stopping one individual appealing a decision (as long as they have made an observation to the original application).

Mellor

https://www.boards.ie/discussion/2058371685/can-you-stop-someone-appealing-a-decision

The ability to appeal a decision is a legal right. You can strip somebodies rights because you disagree with them

Calahonda52

..

Tefral

https://www.boards.ie/discussion/comment/122703616#Comment_122703616

Rightly or wrongly its probably the most effective….

DellyBelly

https://www.boards.ie/discussion/comment/122703616#Comment_122703616

It's probably the best idea to be honest…money can make people change their mind

Marcusm

https://www.boards.ie/discussion/comment/122678778#Comment_122678778

unless I am very much mistaken the current Planning & Development Bill will limit the rights to persons who can show a direct impact plus specified NGOs.

rayjdav

https://www.boards.ie/discussion/comment/122711559#Comment_122711559

Section 102 of the new Bill (81c of 2023) sets out the parties.

If you make an oberservation as a single party/applicant you are still ok. Same for adjoining land owners as current Act.

It is really only the residents committies etc that need to get their ducks in a row asap after they know of a proposal coming down the tracks.

It appears more onerous on a residents group (S.102(2)). Can be via a company that must be set up not later than 1 year before the date of the making of the appeal and have the grounds of the appeal as part of the companys constitution and have lobbied thjose grounds for a year also. Also must have 10 members in the company.

Mellor

https://www.boards.ie/discussion/comment/122711559#Comment_122711559

you are mistaken.

Anyone who has made a submission on an application has the right to appeal the decision. “Impact” is not a factor, abd would be a wildly subjective criteria to try qualify.