Incorrect site notice location by neighbour, but 5 and 4 week periods expired ??

Syracus

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sydthebeat

No.

Your neighbor has gone through due process.

The location of the site notice would have been visually assessed by a local authority member on site and deemed acceptable.
They would also have advertised as required in a newspaper.

mullingar

sydthebeat wrote: »

No.

Your neighbor has gone through due process.

The location of the site notice would have been visually assessed by a local authority member on site and deemed acceptable.
They would also have advertised as required in a newspaper.

+1

I also remember a few stories of applications that used the old weathered site notice pole for the previous rejected application so it looked old and tatty but had the new notice on it when the CoCo visited the site it was accepted as it met the requirements. People are creatures of habit and only notice "new" sign poles and completely ignore any old ones, but these few times it had the new notice on it.

AFAIK the CoCo actually take a picture of the site notice when they visit the site

Naux

Interesting topic.The OP says that you would have to walk 5 metres onto/into the neighbours property to read the notice. Is it allowed to erect a site notice in that manner? How diligent are local authority members when it comes to assessing/inspecting notices? Surely there must be set criteria for erecting an acceptable site notice?

sydthebeat

Naux wrote: »

Interesting topic.The OP says that you would have to walk 5 metres onto/into the neighbours property to read the notice. Is it allowed to erect a site notice in that manner? How diligent are local authority members when it comes to assessing/inspecting notices? Surely there must be set criteria for erecting an acceptable site notice?

There is.
It must be readable from a public road.
I cannot comment on the particulars of this case but I'll say that councils can be very very sticky in this one if there's any doubt.

It is an underhand thing to do, to leave an old site notice up and replace it.
They did change the law on this a few years back where any application made within 6 months of a previous application must be made on a yellow background.
Applicants are requested to remove old site notices when their applications are finalised, but i don't think there's any statutory requirement for this, other than littering.

It's underhand, but allowed.

The is a requirement to advertise in a newspaper and put up a site notice. If both are done and its not recognised then it's not the applicants fault.

Syracus

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Syracus

sydthebeat wrote: »

There is.
It must be readable from a public road.
I cannot comment on the particulars of this case but I'll say that councils can be very very sticky in this one if there's any doubt.

It is an underhand thing to do, to leave an old site notice up and replace it.
They did change the law on this a few years back where any application made within 6 months of a previous application must be made on a yellow background.
Applicants are requested to remove old site notices when their applications are finalised, but i don't think there's any statutory requirement for this, other than littering.

It's underhand, but allowed.

The is a requirement to advertise in a newspaper and put up a site notice. If both are done and its not recognised then it's not the applicants fault.

Please see attached pic.

Naux

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No pic attached??

Glebee

Ive seen applications invalid for less. Dont think there is anything that can be done at this stage though in planning granted..
Notice could easly have been erected on pole or else on timber fence. Deliberty set back to avoid anybody reading in my opinion

mullingar

Quick google gives this from Mayo CoCo

Site Notice Requirements

The notice shall be inscribed or printed in indelible ink on a white background, affixed on rigid durable material and secured against damage from bad weather and other causes by lamination.
The notice shall be securely erected or fixed in a conspicuous position on or near the main entrance to the land or structure concerned from a public road..........................

stepster

I'm no expert in these matters but to me it looks like you have a valid case. There was a deliberate attempt to obscure the notice from public view. From your image you would need to walk on to the neighbour's land in order to read the sign (if you were lucky enough to notice it). Most people are not comfortable with this, hence the words "on or near the main entrance". I don't think "near" should mean up the driveway!

The question is - do you pursue it and fall out with the neighbours. From personal experience it's not worth it and will lead to years of stress.

Good luck!

Glebee

I dont think Council would entertain any sort of a complaint, they after all said the notice location was ok.

Naux

I think "near" would mean to the left or to the right of the entrance. Open to interpretation I guess.

I would be asking the council(whichever one it is) for clarification/confirmation of their inspection of said notice.

Syracus

Glebee wrote: »

Ive seen applications invalid for less. Dont think there is anything that can be done at this stage though in planning granted..
Notice could easly have been erected on pole or else on timber fence. Deliberty set back to avoid anybody reading in my opinion

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Naux

Glebee wrote: »

I dont think Council would entertain any sort of a complaint, they after all said the notice location was ok.

I would love to know how the OP was supposed to inspect the notice without trespassing on private property. Same goes for the council representative.

Just because the council says it's ok means it's ok??

On the other hand the notice would have been published in the papers as well as other posters say.

Syracus

stepster wrote: »

I'm no expert in these matters but to me it looks like you have a valid case. There was a deliberate attempt to obscure the notice from public view. From your image you would need to walk on to the neighbour's land in order to read the sign (if you were lucky enough to notice it). Most people are not comfortable with this, hence the words "on or near the main entrance". I don't think "near" should mean up the driveway!

The question is - do you pursue it and fall out with the neighbours. From personal experience it's not worth it and will lead to years of stress.

Good luck!

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