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ABP - valid appeal

  • 13-06-2016 6:29pm
    #1
    Registered Users, Subscribers, Registered Users 2 Posts: 6,347 ✭✭✭


    I have read a lot of info about what constitutes an invalid appeal that is dismissed by ABP and it all seems to relate to incorrect fee, lateness, no receipt of submission etc but nothing that relates to the content of the appeal itself.

    Eg if somebody submitted an appeal based on the incorrect drawings would that appeal be valid?

    Anybody know of any cases where an appellant appealed with incorrect information and what was the outcome?


Comments

  • Registered Users, Registered Users 2 Posts: 12,878 ✭✭✭✭Calahonda52


    What do you mean by incorrect drawings?

    How would the applicant know they were wrong, and wrong in what context?

    There are usually three sets: :D
    The one for planning, the one you show your neighbours and the set that is used for building ( this last set is rarely available to make it harder for folk to understand what was done)

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



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,347 ✭✭✭hometruths


    What do you mean by incorrect drawings?

    How would the applicant know they were wrong, and wrong in what context?

    There are usually three sets: :D
    The one for planning, the one you show your neighbours and the set that is used for building ( this last set is rarely available to make it harder for folk to understand what was done)

    Lets say a first set of planning drawings were submitted with planning application. Local authority request Further Info seeking clarification of something not clear to them on first set of drawings and they suggested submitted another drawing to clarify.

    Further info and new drawings satisfy the Local authority and planning is granted.

    Third party appeals to ABP, submitting as part of his appeal docs the first drawings, and claiming one of the grounds of appeal to be the issue that was dealt with in Further Info and second set of drawings.

    Surely this appeal cannot be valid?


  • Registered Users, Registered Users 2 Posts: 39,900 ✭✭✭✭Mellor


    schmittel wrote: »
    Lets say a first set of planning drawings were submitted with planning application. Local authority request Further Info seeking clarification of something not clear to them on first set of drawings and they suggested submitted another drawing to clarify.

    Further info and new drawings satisfy the Local authority and planning is granted.

    Third party appeals to ABP, submitting as part of his appeal docs the first drawings, and claiming one of the grounds of appeal to be the issue that was dealt with in Further Info and second set of drawings.

    Surely this appeal cannot be valid?

    The planning permission approval consists of the approval as well as the approved plans. I'm not sure what the current system is in the various LA's. Where I am the council includes a set of stamped and signed plans with the approval, as well as a drawing list in the approval letter.

    A valid appeal would need to refer to the latest plans imo.


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


    Give them a ring if you haven't already. I've found ABP really helpful when we were dealing with a potential appeal recently.


  • Registered Users, Registered Users 2 Posts: 12,878 ✭✭✭✭Calahonda52


    schmittel wrote: »
    Lets say a first set of planning drawings were submitted with planning application. Local authority request Further Info seeking clarification of something not clear to them on first set of drawings and they suggested submitted another drawing to clarify.

    Further info and new drawings satisfy the Local authority and planning is granted.

    Third party appeals to ABP, submitting as part of his appeal docs the first drawings, and claiming one of the grounds of appeal to be the issue that was dealt with in Further Info and second set of drawings.

    Surely this appeal cannot be valid?

    Was the RFFI and the new drawings stuff posted on the LA website, sometimes this does not happen (in time) and therefore the appeal was lodged based on incomplete information.
    In any event it is only one point of the appeal, I presume there was a multi page appeal, and this one wrinkle will not make the whole appeal invalid: it will just get dropped as one point of the basis for the appeal.

    To be honest I would deal with the material lodged by both sides to ABP and not get bogged down in what may be a side show.

    Focus on what you want out of it and not try to be the referee:)

    Any ABP appeal looks at the whole list of objections and deals with each one: have u perused the site to look at some examples?

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



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