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Turned down planning

  • 12-07-2010 3:56pm
    #1
    Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭


    I was turned down in my planning application.I have 4 weeks to apply to an bord pleanala.What happens if i donr go to the bord,Can i apply again or have i any hope of getting it again.


Comments

  • Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭tonc76


    fire_man wrote: »
    I was turned down in my planning application.I have 4 weeks to apply to an bord pleanala.What happens if i donr go to the bord,Can i apply again or have i any hope of getting it again.

    What reasons were given for refusal? Possible to appeal to ABP but depends on reasons for refusal.


  • Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭fire_man


    there is a number of reasons it was turned down.I havent the time to appeal it now,can i try a new application again?


  • Registered Users, Registered Users 2 Posts: 1,473 ✭✭✭tred


    fire_man wrote: »
    there is a number of reasons it was turned down.I havent the time to appeal it now,can i try a new application again?

    fact you got the an bord appeal docs, means its refused at their level. All you can do now is either, appeal to an bord, or , let the 4 weeks go, put in another application, and then that will for sure be refused as well, unless u have new info to support ur claim. I guess if you did, you would have put that through in further information...then on the second app, appeal. you need to take advice on this. If you eventually going to appeal. shouldnt you just do it now


  • Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    You can try any number of applications but it will not look good on any inspector's report if it mentions a few refusals on the same site as part of the site history. 28 days is more then enough time to formulate an appeal to án Bord Planeála. Personally I would like to appeal the application at the earliest opportunity, provided ALL the correct information was given at planning application stage and provided you can argue satisfactorily against the councils reasons for refusal.


  • Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭tonc76


    fire_man wrote: »
    there is a number of reasons it was turned down.I havent the time to appeal it now,can i try a new application again?

    You can reapply as far as I know but you would have to change the plans i.e. modify them so that the reasons for refusal that you just received are no longer an issue. If you reply here with the reasons for refusal it would be of help! It should be noted though that you may not be able to address some reasons for refusal.

    An appeal to ABP is a process whereby you feel that the reasons the local authority gave for refusal are invalid. ABP will review the planning application as it was when submitted to the local authority.


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  • Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭fire_man


    Is there any good engineers out there ye would recommend that specializes in Bord pleanala appeals?


  • Registered Users, Registered Users 2 Posts: 4,076 ✭✭✭gman2k


    fire_man wrote: »
    Is there any good engineers out there ye would recommend that specializes in Bord pleanala appeals?

    A planning consultant would be your best bet in this scenario, who will work in conjunction with the person who lodged the original planning application.
    You say you don't have the time at the moment????
    I presume you know how long it will take for ABP to make their decision?


  • Registered Users, Registered Users 2 Posts: 2,489 ✭✭✭No6


    You also still havn't given the council reasons for refusing, sometimes you can renegioate with the council and reapply with what they will allow as opposed to what you want and you may be ok. If you can do this go this route it is a lot cheaper and quicker!!

    If it has been refused for technical reasons like failure of percolation test just send me the money you will be wasting going to the bord, as I could do with it more then them!!:D

    Last time i got a sepcialist he charged 4.5k for about two days work!!

    Give us a bit more detail and we'll tell you quick enough if you are wasting your time.


  • Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    fire_man wrote: »
    Is there any good engineers out there ye would recommend that specializes in Bord pleanala appeals?

    Can't you ask the person who prepared your application ?


  • Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭fire_man


    The person that was workin on the original application does not do appeals with bord pleanala,so i have to get someone else.It was turned down because they want me to build elsewhere.they said i have other sites.


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  • Registered Users, Registered Users 2 Posts: 46,547 ✭✭✭✭muffler


    fire_man wrote: »
    The person that was workin on the original application does not do appeals with bord pleanala,so i have to get someone else.
    Thats actually laughable. So you have a so called professional retained who prepared and submitted your application but runs when the going gets tough.

    You are right though. Look for someone else.

    fire_man wrote: »
    It was turned down because they want me to build elsewhere..
    Thy surely give a reason for not alowing you to build on the site of your choice. Whats was it?


    fire_man wrote: »
    they said i have other sites.
    And do you?


  • Registered Users, Registered Users 2 Posts: 1,815 ✭✭✭imitation


    muffler wrote: »
    Thats actually laughable. So you have a so called professional retained who prepared and submitted your application but runs when the going gets tough.

    Mirriors my experience. First so called professional banged in my application, saying "ah shure you probably wont get it anyway"

    My second architect however did a bang up job, got the planners report for the first submission (or car crash, however you look at it) and was able to argue against all the points.

    OP I'm not an expert on planning myself, but you'll need somebody who is knowledgable about your local planning council and is willing to argue with them basically.


  • Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    imitation wrote: »
    Mirriors my experience. First so called professional banged in my application, saying "ah shure you probably wont get it anyway"

    My second architect however did a bang up job, got the planners report for the first submission (or car crash, however you look at it) and was able to argue against all the points.

    OP I'm not an expert on planning myself, but you'll need somebody who is knowledgable about your local planning council and is willing to argue with them basically.

    Well imitation as I am sure will acknowledge from your experience - clients pick their professionals . Pick cheap you get cheap .

    I am pleased to see you got along better second time around .


  • Registered Users, Registered Users 2 Posts: 1,815 ✭✭✭imitation


    sinnerboy wrote: »
    Well imitation as I am sure will acknowledge from your experience - clients pick their professionals . Pick cheap you get cheap .

    I am pleased to see you got along better second time around .

    If there is one thing I have learned from home building, there is a massive element of buyer beware, its not the same as buying a TV, or a car.

    Sadly my first architect wasn't cheap, he was more than the reliable people I have now. He also had good references from people I trust. The problem was, during the boom people could easily pick and choose the jobs they wanted, and charge what they felt like. In my case he knew I was on a looser (and to be fair, he indicated it) and had no interest in in a slogfest with the council as I'm sure it was waste of his time compared to doing new submissions.

    His references all have fine houses, but with the benifit of hindsight and a few more stories I can see he wasnt interested in his clients needs.


  • Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    OOOOPs - got the wrong end of the stick there didn't I ? Sorry to hear that in the first instance you did all you reasonably could - and still got burnt :(


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