An Bord Pleanála

GClare

Does anyone know what the expected timeframe is for an appeal decision from An Bord on a new residential property please?
We had an appeal against us and a decision was due 3rd of Jan, we are now waiting 32weeks since the appeal.
We are desperate now as every time we get mortgage approval we loose our savings on rent and travel costs etc

DOCARCH

The(ir) target, usually, is 16 weeks....but....unfortunately, there is no statutory time limit for ABP to make a decision!

I will not depress you with how long I had to wait (a couple of years ago) for a decision from ABP for two houses.

Angry bird

It is unusual that there is such a delay, but unfortunately it reflects the increasing levels of planning applications and appeals as time goes on. Have they given an updated timeline on their website? I was waiting on one not so long ago, the decision date was moved out a month, and then for 2 weeks after that there was no info on due date at all, with the decision issued at the end of those 2 weeks.

corcadorcha

There is normally a date given on the board pleanala web site (i think). And time frame for response given unless they have reason to push it back.
Status: Case is due to be decided by xXxX

GClare

Hi, thanks for the replies.
On the website it says " proposed decision not available at this time". We had originally the 3rd Jan then end of Jan then no date. The whole process from first planning submission is 2 years. We are an older family and our chances of getting a mortgage go down as our repayment period goes down. Spent so much of our savings on architect, percolation, geo thermal whatyoumacallit to move this process along that we have spent too much to cut the cord on it. Just hoping that a decision will be made soon.

mrsWhippy

Have you phoned them? I've found them helpful when we were going through our appeal process.

GClare

Hi, yes we phoned and the architect rang and no change. Keep being told by all that we just have to wait!

Angry bird

GClare wrote: »

Hi, thanks for the replies.
On the website it says " proposed decision not available at this time". We had originally the 3rd Jan then end of Jan then no date. The whole process from first planning submission is 2 years. We are an older family and our chances of getting a mortgage go down as our repayment period goes down. Spent so much of our savings on architect, percolation, geo thermal whatyoumacallit to move this process along that we have spent too much to cut the cord on it. Just hoping that a decision will be made soon.

If its like the one i was waiting for, then imminent.

GClare

Update: after our case being with An Bord for 32 weeks we have been refused permission based on lack of rural need ( rural need was established prior to appeal to An Bord). This is online for 2.5 yrs at this stage.As we have no other option available to us we are looking at seeking a judicial review as the process with An Bord has been faceless and didn't take our circumstances into account. We are too old to afford a rdecent mortgage period. Does anyone know how costly this is please, as this may be our stumbling block.

Glowing

GClare wrote: »

Update: after our case being with An Bord for 32 weeks we have been refused permission based on lack of rural need ( rural need was established prior to appeal to An Bord). This is online for 2.5 yrs at this stage.As we have no other option available to us we are looking at seeking a judicial review as the process with An Bord has been faceless and didn't take our circumstances into account. We are too old to afford a rdecent mortgage period. Does anyone know how costly this is please, as this may be our stumbling block.

Sorry to hear that, that's really frustrating.

As far as I know, you can only proceed with a judicial review if the decision was unconstitutional or there was something at odds with the actual decision making process. I don't think it's an easy road to take and it will likely be very costly.

Have you discussed it with a solicitor?

GClare

Not discussed with a solicitor yet but feel we have been unfairly turned down and none of the objections were upheld brought up by the appealing party. We don't really know what we can do and have had no response from our country planners as yet. Just starting to get over the shock..

Penn

GClare wrote: »

Not discussed with a solicitor yet but feel we have been unfairly turned down and none of the objections were upheld brought up by the appealing party. We don't really know what we can do and have had no response from our country planners as yet. Just starting to get over the shock..

When an application goes to An Bord Pleanala, they obviously take into consideration the reason for the appeal and any observations made on same. However, they also review the entire application. Even if the Local Authority didn't have an issue with something and nobody appealed against it, ABP can still make a decision on that themselves and refuse for that reason. Your county planners also cannot override ABP's decision, so any response from them on it doesn't really matter. And as far as the process with ABP being "faceless", yes, it is. You're allowed to include your reasons for appeal etc when you submit your appeal to ABP, but after that they don't have to meet with you or engage with you at all. Their role is to assess the entire application from scratch based on all previously submitted information and then request any additional information they see fit. They are under no obligation to meet or discuss things with any relevant parties.

As far as a judicial review of ABP's decision, as GClare said the only allowable reason to appeal a decision made by ABP is if there was something wrong (whether administrative or constitutionally) with the process of making the decision, which can be very difficult to prove. You would have to prove they did not follow due process, and even then, that doesn't grant you planning. It just means ABP would have to review the application again from scratch following due process. To be honest, I'd advise against it.

Your best bet may be to submit a new planning application from scratch (though you will have to note in it that you were previously refused by ABP). However, if you can change enough of the application and try and address all issues previously raised by people who made an appeal, the planners and ABP, you may be able to get a second chance.

I'd advise going back to your agent who made the application for you rather than going to a solicitor, and see how you can address the issues raised by all.

BryanF

As above, review the planners report & the ABP inspectors report. Then go a sit with the planners again to determine if a fresh application (acknowledging/addressing the reasons for refusal) is the best course.