Appeal against planning decision

Chipboard

Hi

The developer who built our estate has been granted planning to build an additional 50 infill houses on the green areas in our estate. It is over 5 years since the first houses were completed and the estate is fully occupied now (491 houses). The reason he could do this is because the guidelines for housing densities were increased (developer now only has to leave 10% of the land in green areas V the old rule of 20%). As the estate hadn't been handed over to the council (some aren't for up to 20 years) he was able to go back and get planning on the other 10% even though we bought our houses on the understanding that they were within a certain proximity to a green area and obviously paid accordingly. There are probably loads of builders around Dublin who finished estates years ago who will now follow suit.

Obviously we're up in arms about it and there have been residents meetings with County Councillors present (who were of no use whatsoever). Over 300 residents lodged objections to the planning but it was granted anyway. The craziest thing about it is that some people who this same builder charged £5k extra for their houses on the basis that they were at the end of a street, will now not be at the end of the street when he builds the additional houses.

I am now objecting to An Bord Pleanala at a further cost to me of €210. I'm wondering if anyone knows if there are any copperfast reasons for objecting to planning for a house near to yours.

I had heard previously that an excellent grounds for appeal was if a proposed house blocks your view of an amenity such as a river or the sea (this one blocks my already limited view of the sea). Anyone know if this is the case.

BrianD

Two things. You don't have a right to the view. So if a new development blocks that sea view and the application is valid then there is nothing you can do about it. You're objection might place some conditions on the PP granted e.g some compromise.

Despite what people think, objections have no effect of a planning application. If the devlopment is line with the planning objectives for the area and is a valid application i.e. all legal and local requirements are complied with then it will succeed irrespective of whether there is 1 or 300 objections. The councillors know this and that's why they are of little use. The probability is that if that Bord Pleanala won't overturn it either.

It looks like you will have an uphill battle ahead of you and the only winners will be the legal folk. You can attempt to sue the developer over false promises (I'll wager that the original contract is with a company that no longer exists or the small print will back them up) and/or pay a planning consultant to review the application that was granted to see if there are any 'holes' in it.

Cillit Bang

Why do people not form pressure groups to oppose these unfair planning laws.I do believe it is all down to people power, there are plenty of organisations which you can join to fight your battle and this is the only way to stop builders from building where they are not supposed to. Why should you have to sue the original builder who charged you the 5000, because you were next to a green area. Is he going to give you back this money? no he's not. People need to set up groups and pool their money and put a stop to this nonsense, greed.

shoegirl

Firstly there is a problem with the law insofar as developers now can hang onto these "green areas" with a view to developing them later on. A simple change in the law to include the green area in a development would avoid this.

However, I'm sorry to say that its pretty hard to object to planning permission. Generally the best way to object is on the grounds of increased traffic, parking issues and the height of the building. My parents and their neighbours are also objecting to some development behind them but what they are trying to do is reduce the density, height and number of units rather than object flat out. It might be difficult to get a flat out object, unless there are already serious problems in the area that this will make much worse.

Hagar

It's more than likely too late to do anything about it.
The requisite legal applications have been made and the brown envelopes have probably changed hands.

Sponge Bob

shoegirl wrote:

Generally the best way to object is on the grounds of increased traffic, parking issues and the height of the building.

'loss of amenity' and 'scale' as they are also known.

also add 'overshadowing' , people overlooking where they could not before