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Planning Appeal Issue

  • 10-08-2012 10:44am
    #1
    Registered Users, Registered Users 2 Posts: 163 ✭✭


    I'd grateful to know what other would think on this issue I have with an appeal. I trust I dont float close to forum rules, on this.

    I have lodged a relatively simple application on the side of a detached house for a 2 storey extension Very straight forward, Nothing big, outlandish or intrusive etc.

    The attached house has made observations through an agent. Planning conditions have reflected these. Now there is an appeal lodged.

    My issue is that in the observation and appeal, they have used my drawings, maps, plans, etc. On these they have marked up they drawings with alternative proposals, amendments etc. They haven't even removed the title blocks. This is done without the a request to use my drawings, hence is there a copyright issue there.

    Of course I'm thick skinned enough not to worry about the drawings been used, its the point that they have been put on the public record with unauthorised amendments.

    Any thoughts.


Comments

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


    Actually that's a very valid point.

    To clarify this issue I would ask the person who actually drew up the plans, the person who owns the intellectual rights to the plans, to contact the Local Authority and ask why they were not consulted before unauthorised amendments were made to their plans and put on public record.

    That should be an interesting response, if they actually have the courage to reply.


  • Registered Users, Registered Users 2 Posts: 46,713 ✭✭✭✭muffler


    There is a disclaimer/undertaking both online and at "the counter" that plans/maps may be used for viewing only. I cant recall the exact wording but thats what it boils down.

    So if someone has used another person's plans for any other purpose than viewing then there is an issue imo but that's a legal point and something we may not want to go into any great detail here.


  • Registered Users, Registered Users 2 Posts: 163 ✭✭mal_1


    Actually that's a very valid point.

    To clarify this issue I would ask the person who actually drew up the plans, the person who owns the intellectual rights to the plans, to contact the Local Authority and ask why they were not consulted before unauthorised amendments were made to their plans and put on public record.

    That should be an interesting response, if they actually have the courage to reply.

    Just to clarify what was used.
    The plans submitted for the planning application have been copied printed of from the online pdfs. These have been used for marked up notes, queries, and alternative suggestions, and submitted as part of the appeal documentation.
    Also to clarify, the application drawings on file were not amended.

    The query is, is this acceptable practice to resubmit the application drawings as part of a submission, and use them however one wishes.

    I'm not querying the copyright issues here, as I'm aware of it and know that's undiscussable.


  • Registered Users, Registered Users 2 Posts: 16 profplanner


    In my opinion, I think it is acceptable practice. Whether you are making a submission to support or object a proposal, using the existing drawings and highlighting the area / issue you are commenting upon provides a visual representation for your argument.


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