late planning objections

nollaigc

Are planning authorities oblidged to follow there own handbook in relation to the time scale for objections?
A property owner who is not a resident objected to my neighbours application for an increase in the number of children at her creche- outside the laid down period for objections.
This is her second application

sydthebeat

nollaigc wrote: »

Are planning authorities oblidged to follow there own handbook in relation to the time scale for objections?
A property owner who is not a resident objected to my neighbours application for an increase in the number of children at her creche- outside the laid down period for objections.
This is her second application

if the objection as outsid eof the 5 week period after the application was submitted... then the objection is invalid and should be returned to the objectee. This in turn removes the objectees right of appeal

In some ircumstances a copy of the objection is kept on file as unsolicited information, but the planner cannot refer to it.

Are you positive it was recieved by the council outside of the 5 week period??

muffler

nollaigc wrote: »

Are planning authorities oblidged to follow there own handbook in relation to the time scale for objections?
A property owner who is not a resident objected to my neighbours application for an increase in the number of children at her creche- outside the laid down period for objections.
This is her second application

Can you post up dates or a link to the application that should be available online. I think there must be some confusion here.

RKQ

The Council must follow the Law of the land as contained in the Planning Acts.

A submission or observation in relation to the application may be made in writing to the Planning Authority on payment of a fee of €20 within 5 weeks beginning on the date of receipt by the Authority of the application.

This wording is quite clear, no exceptions to this rule are allowed

nollaigc

aparently, the planning office decided in there 'wisdom' that due to the fact that the office was closed for christmas to allow the objection be submitted.
the planning application has been rejected.
Is this yet another example of small men/women in 'authorita' shafting the non-connected providing an invaluable service.
I have a vested interest- my own child attends this wonderful creche.
the application was to increase size from 6 children to 8.
the reason for refusal- an increase in traffic volume.
Majority of children attending live in the estate- walk to school.
Again I state a non-resident house allowed submit a late objection.
Me thinks I smell.........
Anyway if nothing else it does possibly appear to have opened other legal floodgates.... but sure the taxpayer will pay for this ....me

Poor Uncle Tom

The Christmas holidays do add to the length of time for a submission or objection to a planning application, if the holiday occurs within the 5 week period. (not just christmas holidays but any public holiday)

It seems unfair, but the applicant can always appeal a planning refusal to an Bord Pleanala, unfortunately the number of children, parking, water, sewerage, etc., etc., all form part of the application.

sinnerboy

Some local authorities will - and some won't - accept written comments on 3rd party objections .

In other words you could write a letter of support for the application now . There is no regulation to provide for this . Some authorities have a policy of accepting them , some return them .

If the local authority grant permission and it is appealed - you can during the appeal process make a formal comment ( with payment - €20 i think ) on any appeal document that is lodged with an bord pleanala

Quazzie

Poor Uncle Tom wrote: »

The Christmas holidays do add to the length of time for a submission or objection to a planning application, if the holiday occurs within the 5 week period. (not just christmas holidays but any public holiday)

9 extra days this year is what I was told by An Bord Pleannala.

RKQ

Planning Law allows extra days in the period for Public holidays - this is clearly documented on Site Notice & Public Newspaper Notice.

Obviously if the Planning Office is closed for statutory holidays at Christmas, then the clock is technically "frozen" for this period.

ABP are quite clear on this, as is Planning Law.

On a positive note most Development plans encourage local pre-school and childcare facilities.