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Does precedent count for anything in planning?

  • 31-05-2007 9:58pm
    #1
    frobisher
    Registered Users, Registered Users 2 Posts: 2,413 ✭✭✭


    Trying to settle a discussion.... If you're building something that is quite different from the norm, does the existence of a precedent make it any more or less likely to get approval? Or does it make no difference whatsoever?


Comments

  • #2
    Villain
    Registered Users, Registered Users 2 Posts: 15,956 ✭✭✭✭Villain


    Depends on where it is been built and how it is "different" and what the norm is, explain a little more detail and we may be able to help you


  • #3
    Dundhoone
    Closed Accounts Posts: 710 ✭✭✭Dundhoone


    Imo precedent has nothing to do with planning decisions. The most recent planning legislation/guidelines and area development plan , and after that the planners discretion.

    I have experience of a situation where a planner made a decision/ demanded significant revisions to a house. A different planner then granted permission the neighbours house, and ignored all the conditions which had been set on the first house.

    Precedent is nothing , except maybe in terms of building a 2 story house in a row of bungalows!


  • #4
    galwaytt
    Registered Users, Registered Users 2 Posts: 12,822 ✭✭✭✭galwaytt


    actually, it does have value.

    Take for instance the case of old houses being bought, sometimes in ruins, to 'do up'. For years, all you could do was re-model using maybe existing facades, or walls, or some such. This used to annoyl the crap out of people who'd prefer to just build a new structure on the footprint of the old.

    Now however, on foot a recent Bord Pleanala decision, there is precedent for 'replacement' building, which means you aren't necessarily tied to the old building...........this 'precedent' is very valuable, and quite legitimate.

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  • #5
    One Cold Hand
    Closed Accounts Posts: 2,391 ✭✭✭One Cold Hand


    Well it definately won't make it less likely.

    It will help in the majority of cases. (It may not help enough to grant the permission, but thats a different issue!)


  • #6
    muffler
    Registered Users, Registered Users 2 Posts: 46,552 ✭✭✭✭muffler


    There is no such thing as precedent within the Planning & development Acts. However planning authorities frown upon the word if it is used in an argument against them. But when it suits them they can refuse an application for permission based on the idea that it "would set an undesirable precedent"

    As was stated above the OP should post up more specific details


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