Appealing planning decision

BoozyBabe

I need your advice.
Sorry in advance. I'm extremely emotional at the minute as I'm SO sick of being messed around.
Our plans were refused because we didn't submit a letter stating we would be able to maintain the boundary hedges of our site, which we own.
They were completely happy with everything else.
Even when pushed, they have stated it was a stupid thing to refuse permission on & that the plans should have went through.

That was 3 weeks ago. We've until next Wed to decide whether or not to appeal the decision. We were supposed to have a meeting with the planners / engineer tomorrow to discuss the plans & see how to overcome the stupidity if we were to resubmit. This would've given us ample time before next Wed in which to make our decision.
Now the council, who've admitted fault, won't meet with us until the 17th, which at that stage would be much too late to appeal.
Nevermind the fact of how long we'll have been waiting just to get an official answer of them.
Add to that the fact that the council have now decided to introduce service fees to planning applications, because of their stupidity we'll have to pay about €2k if we reapply.

Because of all that, we're strongly thinking of appealing. Why should we not? If we appeal, does An Bord Pleanala simply look at the issues on which the application failed, or do they look at the application in full, as a whole new aplication & make their own ruling on its overall suitability.

We really don't know what to do. It's such a pathetic situation. I'm so close to going & doing some serious harm to the parties involved. In my head at least!!!
Please advise. I am close to tears here

RKQ

An appeal to An Bord Pleanala will take at least 3 months - in reality this could be 6 months.

If An Bord Pleanala agree with the Council, you will not be able to get permission for the current scheme - ie that house design on that site with that entrance position. In effect permission will not happen for the forseeable future on your site! Can you afford to take the risk?

If the only problem, as you say, is trimming a ditch for sight-lines, then follow the good advice you were given earlier this month. Submit a new planning application to the Council and bite your tongue. Put it down to experience. Its tough but its your best option.

Ensure you submit the required Sight-lines letter agreeing to trim or remove ditch, to achieve the necessary sight-lines. Then pray to your God.
Good luck

muffler

I'd agree with RKQ on this. ABP will basically treat any appeal like the local PA treat an application. They will look at every aspect of the proposal. I wouldn't be as optimistic as RKQ however in relation to the time frame with ABP. I would put 6 months as being a minimum based on their behaviour pattern over the last year.

You were refused on something that should never have arisen and as stated you got good advice here a couple of weeks ago. If it were me I'd forget about an appeal and make another application. I don't know what the service fees are that you mentioned but if the money was an issue try and get your application in before whatever deadline there is and inform the planner that you are doing so because of the monetary penalty but that you still wish to meet on the date. Im not sure if they will agree to this as you will be within the 5 week time frame but make the call to the planner in any event.

Good luck with it.

Poor Uncle Tom

muffler wrote: »

You were refused on something that should never have arisen.........try and get your application.

You were treated very badly by the LA, no question. We have all seen very similar situations with LA's in general in recent times. I know that isn't of any comfort to you, but from your information given here and previously, it looks like you will get your permission next time around.

My advice echos above, don't sit on it, get it back in ASAP and say a novena..:)

Says a lot for our public servants, where we have to envoke devine intervention, to instill hope they will do their jobs right.

BoozyBabe

Thanks everyone.
Yea, that's what we'll do.
It's not even the refusal that's annoying me, it's how we've been treated after that's the real heartbreaker.

Anyway, I guess there's nothing we can do but go again & the engineer had better pray our paths never cross!!!

Have a good weekend all.