Section 5 application no answer

GGTrek

I presented to DCC a section 5 application 4 weeks ago, today is the last day for them to provide a declaration according to the law. What happens if I receive no answer? Does it mean that I can go ahead with the proposed work?
"(2) (a) Subject to paragraph (b), a planning authority shall issue the declaration on the question that has arisen and the main reasons and considerations on which its decision is based to the person who made the request under subsection (1), and, where appropriate, the owner and occupier of the land in question, within 4 weeks of the receipt of the request."

The law also says:
"b) Without prejudice to subsection (2), in the event that no declaration is issued by the planning authority, any person who made a request under subsection (1) may, on payment to the Board of such fee as may be prescribed, refer the question for decision to the Board within 4 weeks of the date that a declaration was due to be issued under subsection (2)."

Why should I pay another fee (EUR 220) in order to appeal due to the lazyness of the DCC planning office. I find this law very one sided on the government side. There is no penalty for the Council planning office not doing their work, but I have to pay a fee/penalty for a fault that is not my own.

My main question is: do I need to appeal if no answer is provided by DCC?
Can I just go ahead with the work and if someone complains show them the Section 5 application (sent by recorded letter) that received no answer?

Thank you very much

BryanF

Whats to say, you won't get a letter in a weeks time dated today.

Gumbo

GGTrek wrote: »

I presented to DCC a section 5 application 4 weeks ago, today is the last day for them to provide a declaration according to the law. What happens if I receive no answer? Does it mean that I can go ahead with the proposed work?
"(2) (a) Subject to paragraph (b), a planning authority shall issue the declaration on the question that has arisen and the main reasons and considerations on which its decision is based to the person who made the request under subsection (1), and, where appropriate, the owner and occupier of the land in question, within 4 weeks of the receipt of the request."

The law also says:
"b) Without prejudice to subsection (2), in the event that no declaration is issued by the planning authority, any person who made a request under subsection (1) may, on payment to the Board of such fee as may be prescribed, refer the question for decision to the Board within 4 weeks of the date that a declaration was due to be issued under subsection (2)."

Why should I pay another fee (EUR 220) in order to appeal due to the lazyness of the DCC planning office. I find this law very one sided on the government side. There is no penalty for the Council planning office not doing their work, but I have to pay a fee/penalty for a fault that is not my own.

My main question is: do I need to appeal if no answer is provided by DCC?
Can I just go ahead with the work and if someone complains show them the Section 5 application (sent by recorded letter) that received no answer?

Thank you very much

PM me your address and reference number if you have one.

GGTrek

Hi Kceire,

I received today the reference number letter (sent yesterday) where they finally say they started to analyze my application. So I shall give them one more week before doing any other step.

If in one week time I receive no news I shall PM you with the detail.

Thanks again

4Sticks

Just remember the old adage - you can't fight city hall.

DOCARCH

4Sticks wrote: »

....you can't fight city hall.

...or...don't fight a pig, because, a pig likes fighting dirty.

Gumbo

Did you get sorted OP?
Last working day of 2013 today, so last chance to get some inside info

BryanF

kceire wrote: »

last chance to get some inside info

What kind of info are you offering Kceire?

GGTrek

The DCC answered 3 days after giving reference number and the answer was mostly positive. Thank you

Gumbo

BryanF wrote: »

What kind of info are you offering Kceire?

Depends what's needed tbh.
I will do what I can to help out or give some inside advice if possible, without breaking and data rules of course.