Planning Permission - CoCo Website at 95%?

Lemlin

I applied for planning back in June. Council came back and asked for further information. My architect sent back the information they wanted.

They were due to come back with a decision on 13/10 and they did. My architect says they passed the application. However, the county council website still says my application is at 95% and the architect told me that the "final grant" would be 4 more weeks.

Do I definitely have the planning or could anything else fall through?

Jimbo

It sounds like the council gave a notification of decision to grant permission.
This is issued 4 weeks before the final grant to allow thrid parties such as neighbours, etc. to object the council descion to An Bord Pleanala.

So, as long as noone objects, the planning will be granted but it's not 100% through yet.

The council would have issued conditions for the planning with their notification, you should ask your archtect for these in the meantime.

Lemlin

Jimbo wrote: »

It sounds like the council gave a notification of decision to grant permission.
This is issued 4 weeks before the final grant to allow thrid parties such as neighbours, etc. to object the council descion to An Bord Pleanala.

So, as long as noone objects, the planning will be granted but it's not 100% through yet.

The council would have issued conditions for the planning with their notification, you should ask your archtect for these in the meantime.

But neighbours already had a chance to object. There was a date for them to originally have submissions in by so surely they don't get another chance now do they?

is there a good chance someone from a state type body could object? I've heard of An Taisce objecting to people's planning.

Poor Uncle Tom

Neighbours directly adjacent to the development can still appeal the development, without having objected/made observations regarding the development to the LA.

sydthebeat

Poor Uncle Tom wrote: »

Neighbours directly adjacent to the development can still appeal the development, without having objected/made observations regarding the development to the LA.

PUT

i remember this being lauded prior to the planning regs, but I don't think it was included.
AFAIK, and im open for correction, the only body that can bring a planning decision to an Bord, without having made a submission, is a semi-state body.

What you are referring to is "leave to appeal" in which an adjacent landowner would have to show that the conditions of the decision render the application to differ materially from that applied for. This is a difficult thing to do and i do not know of any case, though i am sure some exist.

see Q 32 here:
http://www.pleanala.ie/guide/appeal_guide.htm

32. Can I apply to the Board for leave to appeal a decision of a planning authority? (See also answers to questions 2 and 3).
A person with an interest in land (e.g. a landowner/occupier) adjoining the application site who did not make submissions or observations to the planning authority in relation to the planning application may apply to the Board for leave to appeal the decision of the planning authority within four weeks of the decision of the authority to grant permission. The Board may grant leave to appeal where the person shows that the decision of the planning authority to grant permission differs materially from the application because of the conditions imposed and the conditions imposed will materially affect his/her enjoyment of the land or reduce the value of the land.
Like a planning appeal, the person seeking leave to appeal must state his/her name and address, the grounds on which he/she is basing the leave to appeal (see above), a description of his/her interest in the land and the correct fee.
Where a person is granted leave to appeal, the planning appeal must be received by the Board within two weeks of him/her receiving notification of leave to appeal and must otherwise comply with the requirements for lodging the planning appeal (see questions 4 and 5) including a further fee. Details of fees are available from the Board or your local planning authority.

Poor Uncle Tom

Yes, sydthebeat, that is exactly what I am referring to, an adjoining neighbour making an appeal (after getting leave to appeal) to the Board.

sydthebeat

Poor Uncle Tom wrote: »

Yes, sydthebeat, that is exactly what I am referring to, an adjoining neighbour making an appeal (after getting leave to appeal) to the Board.

do you know of any successful cases of 'leave to appeal'?

Poor Uncle Tom

That same question was just going through my mind. I'm fairly certain I know of two cases. Leave it with me, I'll PM you tomorrow.

sydthebeat

thanks...

Mellor

Lemlin wrote: »

But neighbours already had a chance to object. There was a date for them to originally have submissions in by so surely they don't get another chance now do they?

I don't think this part was made clear to you.
They had a chance to get submissions in during the first few weeks of the application, these are submissions to the council about the application.

The council intend to grant the application, and people who made a submission now have a chance to aoject to ABP, not to the council.

Lemlin

Mellor wrote: »

I don't think this part was made clear to you.
They had a chance to get submissions in during the first few weeks of the application, these are submissions to the council about the application.

The council intend to grant the application, and people who made a submission now have a chance to aoject to ABP, not to the council.

Well there were no submissions to the council so am I home and dry?

Poor Uncle Tom

Not quite, the following could happen:

1. An adjacent neighbour could apply for 'leave to appeal' if they decide the proposal granted planning permission is sufficiently different from what was originally applied for, and follow this up with an appeal.

2. A semi-state body can jump in and appeal. (As is the current case where Waterford City Council appealed a grant of permission given by Waterford County Council near its boundry).

3. Anyone who made an observation/objection to the original application can make an appeal.

4. You, as applicant can appeal any of the conditions or ultimately the decision of the grant.

No's 1 and 2 are really the only ones which apply here and you should speak to your agent who should advise you on how likely an appeal would be.

archtech

Lemlin wrote: »

Well there were no submissions to the council so am I home and dry?

You are never home and dry until you receive the notification of a grant, but at this stage it is fair to say that you are a long way down to road .