Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

An Bord Pleanála v Local Authority development plan

  • 29-09-2015 5:34pm
    #1
    TutuKaka
    Registered Users, Registered Users 2 Posts: 94 ✭✭


    If an approved planning application is overturned by an Bord pleanála, despite the application meeting the requirements of the local development plan, if the project is subsequently resubmitted does the local authority have to refuse permission even though the project follows it's guidelines?

    Can they approve and then leave it up to ABP to rule again or are they obligated to follow the board's previous ruling?


Comments

  • #2
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    TutuKaka wrote: »
    If an approved planning application is overturned by an Bord pleanála, despite the application meeting the requirements of the local development plan, if the project is subsequently resubmitted does the local authority have to refuse permission even though the project follows it's guidelines?

    Can they approve and then leave it up to ABP to rule again or are they obligated to follow the board's previous ruling?

    Once they're happy with it, they can grant. In general Bord Pleanala are more stringent.


  • #3
    TutuKaka
    Registered Users, Registered Users 2 Posts: 94 ✭✭TutuKaka


    So who enforces a decision by an bord pleanála?
    Is the local authority obliged to follow its recommendations or can they just 'note' them and justify a decision that goes against the ABP's report if their own development plan does not have a problem with the application?

    Obviously the project could be appealed again to ABP by a third party. Or does the bord actively monitor previous decisions?


  • #4
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    The Bord has the final say but the local authority enforces the conditions attached. The Council may well go with their original decision but best to sound them out to ascertain whether they will now go with the Bord refusal or not.


  • #5
    Drift
    Closed Accounts Posts: 1,395 ✭✭✭Drift


    If Bord Pleanala refuse permission it is refused completely. The local authority cannot just ignore it!

    However, if one were to submit a new planning application for the pretty much the same thing again there is nothing to stop the council from granting it if they want. Of course there is nothing to stop Bord Pleanala from refusing that one too.

    In my experience it is unusual for ABP to refuse an application that meets the County Development plan in every way. I suspect there's more to this "hypothetical" question than you are telling us OP.


  • #6
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    Yep what drift said. Bord refuse then new application and permission required. What was refused and why? Is it likely to be appealed again if Council grant?


  • Advertisement
Advertisement