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Planning, Further Information

  • 06-04-2016 9:26am
    #1
    Closed Accounts Posts: 1,011 ✭✭✭


    If a planning application is put on hold due to a request for further information is there a timeline this needs to be submitted in before planning is refused?


Comments

  • Registered Users, Registered Users 2 Posts: 695 ✭✭✭JimmyMW


    miller_63 wrote: »
    If a planning application is put on hold due to a request for further information is there a timeline this needs to be submitted in before planning is refused?

    Yes its normally 6 months, it will be stated on the RFI from the council


  • Subscribers Posts: 42,581 ✭✭✭✭sydthebeat


    miller_63 wrote: »
    If a planning application is put on hold due to a request for further information is there a timeline this needs to be submitted in before planning is refused?

    if the FI hasnt been answered within 6 months, the application will be deemed withdrawn.

    note that if the application is on a site subject to an enforcement notice, the council can insist on a time scale shorter than the 6 moths allowed.


  • Registered Users, Registered Users 2 Posts: 673 ✭✭✭mrsWhippy


    FYI, once you submit the further information, they have 4 weeks to come back to you with a decision. This happened to us recently and it took them 3.5 weeks to come back with a positive (thankfully) decision.


  • Registered Users, Registered Users 2 Posts: 747 ✭✭✭athlone99


    HI Guys,

    Sorry to drag up an old thread but i didnt want to start a new one. Looking for some advice.

    We received a request for further information which all related to everything we discussed in a pre planning meeting so we sent back a letter seeking clarifications on what was requested via registered post. Can anyone tell me long how the planning department has to respond to our letter? It will be 4 weeks this week and a councilor contacted the planning department on our behalf and the planning department didnt seem to acknowledge that they had received a letter.

    Thanks in advance!


  • Closed Accounts Posts: 2,244 ✭✭✭sea12


    athlone99 wrote: »
    HI Guys,

    Sorry to drag up an old thread but i didnt want to start a new one. Looking for some advice.

    We received a request for further information which all related to everything we discussed in a pre planning meeting so we sent back a letter seeking clarifications on what was requested via registered post. Can anyone tell me long how the planning department has to respond to our letter? It will be 4 weeks this week and a councilor contacted the planning department on our behalf and the planning department didnt seem to acknowledge that they had received a letter.

    Thanks in advance!
    They yet have lost it. Unusual they haven't replied by now.


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  • Closed Accounts Posts: 4,128 ✭✭✭dellas1979


    Yea-I would start checking with the post office who/if someone signed for it.


  • Registered Users, Registered Users 2 Posts: 3,256 ✭✭✭T-Maxx


    A letter, registered or not, is not good enough. You need to respond to the RFI in the appropriate fashion, ie 6 copies to the Planning Dept. etc or whatever the case may be.


  • Subscribers Posts: 42,581 ✭✭✭✭sydthebeat


    If you have questioned their FI, then you haven't answered it and the council are possibly viewing it as still unanswered.


  • Registered Users, Registered Users 2 Posts: 560 ✭✭✭mycro89


    So, someone here maybe able to help out, a family member has gone for planning and the local council has come back looking for further information regarding the design, as it is not sitting into the locality or along those lines. There is a house within 2km on the same road with a very similar design which was granted planning previously and other houses under construction of a similar nature, what can the applicant do to get their original design over the line?

    Thanks in Advance.


  • Subscribers Posts: 42,581 ✭✭✭✭sydthebeat


    mycro89 wrote: »
    So, someone here maybe able to help out, a family member has gone for planning and the local council has come back looking for further information regarding the design, as it is not sitting into the locality or along those lines. There is a house within 2km on the same road with a very similar design which was granted planning previously and other houses under construction of a similar nature, what can the applicant do to get their original design over the line?

    Thanks in Advance.

    Previous examples are not a guarantee of future permissions

    The council will argue that just because they made mistakes in the past doesn't mean they will make them in the future.

    Plus, those previous houses may have been granted under previous development plans, and more importantly when there was a lack of rural design guidelines.

    Your family member can argue the merits of the current design, but if the council have already put into black and white that it is not acceptable, then they run a serious risk of it being refused.


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  • Moderators, Society & Culture Moderators Posts: 41,590 Mod ✭✭✭✭Gumbo


    mycro89 wrote: »
    So, someone here maybe able to help out, a family member has gone for planning and the local council has come back looking for further information regarding the design, as it is not sitting into the locality or along those lines. There is a house within 2km on the same road with a very similar design which was granted planning previously and other houses under construction of a similar nature, what can the applicant do to get their original design over the line?

    Thanks in Advance.

    Best to contact the planner and discuss.
    The fact that the FI is about the design means that a house will be granted once the design is sufficient.

    What’s in the immediate vicinity?


  • Registered Users, Registered Users 2 Posts: 560 ✭✭✭mycro89


    sydthebeat wrote: »
    Previous examples are not a guarantee of future permissions

    The council will argue that just because they made mistakes in the past doesn't mean they will make them in the future.

    Plus, those previous houses may have been granted under previous development plans, and more importantly when there was a lack of rural design guidelines.

    Your family member can argue the merits of the current design, but if the council have already put into black and white that it is not acceptable, then they run a serious risk of it being refused.

    Where is the fairness if one can get it and another can't? Surely that would be grounds for discrimination?


  • Subscribers Posts: 42,581 ✭✭✭✭sydthebeat


    mycro89 wrote: »
    Where is the fairness if one can get it and another can't? Surely that would be grounds for discrimination?

    who ever said life was fair ??

    discrimination can only occur if you feel decisions are biased due to gender, marital status, family status, age disability, sexual orientation, race, religion, and membership of the Traveller community

    how do you think your family member is being discriminated here??


  • Registered Users, Registered Users 2 Posts: 560 ✭✭✭mycro89


    sydthebeat wrote: »
    who ever said life was fair ??

    discrimination can only occur if you feel decisions are biased due to gender, marital status, family status, age disability, sexual orientation, race, religion, and membership of the Traveller community

    how do you think your family member is being discriminated here??

    We will leave that there so, it is heating up here.....


  • Subscribers Posts: 42,581 ✭✭✭✭sydthebeat


    when you are asked to do something in a FI request, i find the best thing to do is to do as requested.....


  • Registered Users, Registered Users 2 Posts: 559 ✭✭✭Fine Cheers


    Did ye have a pre planning meeting and if so did you present the house plans or get any direction on a design
    ? How old are those other permissions for the nearby houses? Frustrating yes but the current development plan is what you need to comply with. Problem now is will the planner meet or take a call to discuss, probably not during a current application. You have 6 months to reply to RFI but can extend by 2 months by written request. Did the RFI spell out the issues with the design ?


  • Moderators, Society & Culture Moderators Posts: 41,590 Mod ✭✭✭✭Gumbo


    DIY KING wrote: »
    Did ye have a pre planning meeting and if so did you present the house plans or get any direction on a design
    ? How old are those other permissions for the nearby houses? Frustrating yes but the current development plan is what you need to comply with. Problem now is will the planner meet or take a call to discuss, probably not during a current application. You have 6 months to reply to RFI but can extend by 2 months by written request. Did the RFI spell out the issues with the design ?

    During the course of a normal planning application period, they won’t talk to you. But during the FI stage they will talk and guide you.

    I went through it recently and we ended up back and fourth until agreement was achieved.


  • Registered Users, Registered Users 2 Posts: 1,026 ✭✭✭conor05


    Most planners will talk you through the FI request.

    If you take the approach of Mary up the road has a two storey mansion and I want one then you will get their back up.

    As previously stated different rules apply under different development plans.
    Cork CoCo have the Rural house design guide up on their website for guidance.

    It’s an indication of what planners are looking for in current house design.

    Some of the modern designs that council allow pass through are lovely houses to be fair.


  • Registered Users, Registered Users 2 Posts: 372 ✭✭JD1763


    The fact they issued the FI means that at least they are disposed to granting the permission once the issues they have highlighted in the FI are dealt with.

    Best thing to do is put aside any thoughts of what others have gotten away with and focus on getting your application through.

    The alternative to not doing what the council wants is to withdraw the application so at least then you don't have a refusal.


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