Appeal to Bord Pleanala

louise1985

Hi All,

I'm wondering if anyone appealed to Bord Pleanala regarding a condition attached to the decision.

We have a case where they are opposing the alignment of our windows, we want horizontal and they want vertical.

Anyway a similar house within few miles last year got approval for exact same windows as we wanted. Then another application in same county got approved two days after ours were conditioned for same windows as we had proposed again nearly same house design.

Is Bord Pleanala our only option here?? we are left feeling totally discriminated against. The timeline of 18 weeks is the reason we are considering not appealing as we were hoping to get started asap.

Thanks in advance

kieran.

I would first approach the planner to see if a compromise can made in relation the condition regarding the windows but this would need to be done ASAP as you only have 4 weeks to either agree with the planner or submit your appeal. You should back up your argument with a report showing the similar houses in the area when meeting with the planner. If the windows alignment is primary to you and the design and I was in your shoes I would definitely appeal to ABP if you cant agree with the planner.

louise1985

We have tried that Kieran. Our main issue is we met her with a local councillor after the FI request and then the councillor met her on his own with a new draft of drawings. We had horizontal windows with single pane glass and changed it to horizontal with three vertical panes (matching the plans that were approved in our location few months before)

Basically the councillor told us she agreed to these new draft of plans and the FI reply was done based on this.

Then the C2 was issue with the vertical windows as a condition!!

As the councillor was verbal agreement we have no idea is it him telling us she said it was fine or her back tracking on what she told him..

Kristopherus

Get the councillor to fully clarify the issue again with the planner. Keep the pressure on him, there's an election looming !!!!!

louise1985

unfortunately he isn't running again.
He has simply washed his hands of it

We have two more councillors on the case as we only had until Wednesday.

Any legal route for discrimination or is Bord Pleanala only route?

mrsWhippy

I'd avoid an appeal if at all possible. We appealed last year on a planning decision and it took 6 months end to end. It was very frustrating, and the decision wasn't overturned in the end.

Gumbo

Bear in mind the Planner cannot discuss the case during the 4 week appeal period either.

louise1985

Well I phoned Bord pleanala on it already just to get a bit of information.

He advised that we had a good case as the same type windows were approved on same style houses in location. If they are quoting the County guidelines on planning decision I assume it should be across the county as a whole.

do you mind me asking was your appeal just on conditions and were there many conditions?

louise1985

We aren't in that period yet as C3 is issued Wednesday so we still trying to get a resolution before having to go down the appeal route. It is very frustrating that one person can tell me what windows I should have.

Gerryww

Although I agree you have a strong case I would be very hesitant to appeal to ABP. They have the power to treat each case as if it was the initial application again, they could decide to refuse to grant permission to the entire development and not just the windows.

A better route might be to let the present application become finalised and then submit an application to the council to amend the window design along with a professional report on the windows, history of window types in the area and how visible or not they may be to passing traffic etc.

This approach would be quicker than an 18 week appeal to ABP and you may get a more sympathetic planner who could be contacted by local TDs etc who would be keen to help due to upcoming election.

Angry bird

Appeal the condition or lodge a new planning application. At this stage I'm sure the planner does not want to discuss the window further after getting annoyed by several politicians over it. I always find it amusing that even when planning is obtained for the main bit, the focus is on in this case a window.

louise1985

Well sure if I have to look at and pay for it for the next 50 years surely it should be what I want and not what someone in an office who hasn't even seen the site tells me I should have

Angry bird

Sure, appeal or new application for your dream window