Advice on making complaint

ChurchStreet

Hi
Over 12 months ago I placed an objection on a development. In response to the objection further information was sought and the rest was that the applicants made two amendments to the submitted plans. The planning was subsequently granted by the local authority. On the basis of the updated plan and the fact the applicants on paper were making every effort to accommodate my concerns I waivered my right to appeal decision to an bord pleaneala. However, much to my disappointment the applicants built the development as per the original plans submitted and to the contrary to the amendments submitted.
I doubt this was an accident. On the surface to me it looks as if 'a stroke' was pulled. As a result I feel somewhat cheated and taken for a fool.
I contemplating making a complaint to the local authority, but my fear is that the authority may deem the amendments not implemented, minor. If they are deemed minor then no planning retention required. I would argue from the start they are not minor as the applicant deem them sufficient to mention in an updated submission.

Gumbo

Is it Dublin City Council?

If so,Make a complaint in writting or by email to Planning Enforcement of DCC.

Send it to :

Dublin City Council
Planning Department
Block 4, Floor 2
Civic Offices
Wood Quay
Dublin 8


Or email planningenforcement@dublincity.ie

Dont forget to include :

•Your name (this will remain confidential).
•Your address and phone number.
•The address of the development.
•Any details you have concerning the owner or occupier of the property.
•The date the development began.
•Photographs (if any).

ChurchStreet

No, the local planning authority is Kerry County Council. I know a complaint would have to have to be formally submitted but my main concern is that the complaint could be dismissed as minor (See article below from Radio Kerry, which highlighted a recent example of a planning complaint which was deemed minor by the planning authority but what clearly not minor). Should I state my case in the complaint with regards, why I believe the complaint cannot be deem minor, or should it be a matter fact complaint, the submitted plans say X,Y Z and instead the applicants have built A,B,C?

As I understand it, if the planning authority deem it minor, than no retention planning is necessary and hence one can go no further with it ?



http://www.radiokerry.ie/news/judge-says-councils-approach-to-unauthorised-building-baffling-and-absurd/

Gumbo

Well if you don't complain they will get away with it.
Complain and let the LA investigate the issue.

mickdw

kceire wrote: »

Well if you don't complain they will get away with it.
Complain and let the LA investigate the issue.

The way I see it, the issue may have been minor under normal circumstances but given that it cropped up during the planning process and the alternative design was the one put forward to obtain planning, I can't see how this could now be regarded as being ok.
They are clearly going against their planning conditions that state it must be built according to drawings submitted on x date.
They are acting smart over an issue that clearly both yourself and the planning authority agreed on and I'd say enforcement will be all over this immediately.
Is one thing building something not quite to planning where it's just a minor change that nobody would have any issue with. It's another thing entirely building something that they were specifically told not to build.

Gumbo

mickdw wrote: »

The way I see it, the issue may have been minor under normal circumstances but given that it cropped up during the planning process and the alternative design was the one put forward to obtain planning, I can't see how this could now be regarded as being ok.
They are clearly going against their planning conditions that state it must be built according to drawings submitted on x date.
They are acting smart over an issue that clearly both yourself and the planning authority agreed on and I'd say enforcement will be all over this immediately.
Is one thing building something not quite to planning where it's just a minor change that nobody would have any issue with. It's another thing entirely building something that they were specifically told not to build.

I agree 100%.
The OP seems reluctant to complain though or maybe I'm reading it wrong.

ChurchStreet

Hi thanks for the posts.
No, I'm not reluctant to complain. Just advice on the approach.
Approach 1: Just make the complaint, stating the facts, with pictures etc.
Approach 2: Make the complaint, along with reasons why the complaint should be treated as minor.

I think the first approach my best?

BryanF

ChurchStreet wrote: »

Hi thanks for the posts.
No, I'm not reluctant to complain. Just advice on the approach.
Approach 1: Just make the complaint, stating the facts, with pictures etc.
Approach 2: Make the complaint, along with reasons why the complaint should be treated as minor.

I think the first approach my best?

Who is making the compliant ? Can that Person not decide for themselves ?

ChurchStreet

.