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An Bord Pleanala

  • 04-06-2016 8:47am
    #1
    Registered Users, Registered Users 2 Posts: 181 ✭✭


    If a appeal is made to An Bord Pleanala by the 3rd party (person with initial submission to Co. Council), does the applicant (1st party) receive notification from An Bord Pleanala?
    Also can An Bord Pleanala dismiss an appeal on the grounds of someone appealing just to delay the process and their appeal not having any substance?


Comments

  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Yes & yes


  • Registered Users, Registered Users 2 Posts: 181 ✭✭feckthisgenie


    BryanF wrote: »
    Yes & yes

    Thanks Bryan. Would a Solicitor letter have to be send regarding the appeal having no substance or a writer letter by myself stating why it has no substance?


  • Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    Thanks Bryan. Would a Solicitor letter have to be send regarding the appeal having no substance or a writer letter by myself stating why it has no substance?

    Generally, ABP can determine if an appeal is vexatious or not. However if an appellant argues non compliance with elements of the development plan, the appeal will normally go through the full appeal process.


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Thanks Bryan. Would a Solicitor letter have to be send regarding the appeal having no substance or a writer letter by myself stating why it has no substance?

    An Unsolicited additional information submission to ABP is often best sent by a professional arch/eng/surveyor/planning consultant and would outline the planning and development attributes of the original planning grant. I would take their advice on any lack of 'substance'.


  • Closed Accounts Posts: 808 ✭✭✭Angry bird


    When one of my case files gets appealed to Bord Pleanala, I will specifically counter or support the points raised by the first or third party appealing as the Council gets notification also. Most times it is easy whether the appeal is done by a Professional or otherwise. A good professional doing the appeal makes my job harder. So if you're going to hire a professional on your behalf make sure they know what they're doing re your case.


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  • Registered Users, Registered Users 2 Posts: 12,887 ✭✭✭✭Calahonda52


    OP: as well as take the advice given above, you need to consider how realistic the chances of succeeding with the ABP appeal will be.

    Most professionals in this game will charge around 800 to 1000 plus VAT for a pretty basic submission to ABP.

    The most profitable ones are where the case has no chance of a successful appeal but the parties are just thick about it, with more money than common sense.

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 181 ✭✭feckthisgenie


    OP: as well as take the advice given above, you need to consider how realistic the chances of succeeding with the ABP appeal will be.

    Most professionals in this game will charge around 800 to 1000 plus VAT for a pretty basic submission to ABP.

    The most profitable ones are where the case has no chance of a successful appeal but the parties are just thick about it, with more money than common sense.

    Thanks guys. I am not appealing. I have being granted planning permission but am anticipating a potential appeal from someone that put a submission to the council. The council didnt even look for further information from me. I am thinking that if an appeal is made , what my next move would be that's all. As you mentioned above the cost to appeal along with the cost for professional advice/letter might be enough to stop them appealing to a case that won't change the decison.


  • Registered Users, Registered Users 2 Posts: 12,887 ✭✭✭✭Calahonda52


    All you can do is sit back and see what happens, so enjoy the weather.
    You will get a copy of the ABP appeal submission and then you get a right of reply.

    “I can’t pay my staff or mortgage with instagram likes”.



  • Moderators, Society & Culture Moderators Posts: 40,347 Mod ✭✭✭✭Gumbo


    All you can do is sit back and see what happens, so enjoy the weather.
    You will get a copy of the ABP appeal submission and then you get a right of reply.

    ^^^^^ This tbh

    My friend had an appeal against him lodged to ABP after he gain permission for a couple of houses in Fingal. The neighbor claimed that my friend was building on their land but it was a complete lie.

    Had to sit back, wait for the inspector to visit the site and make a judgement. Took the full timeframe but ABP fully backed up the LA's decision to grant.


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