Appeal to An Bord Pl

Green Forest

Hi all, can any of you tell me is it accepted in making an appeal to An Bord Pleanbala to use a pseudonym & a neighbours address?
Want to appeal a decision, but don't want my identity known, small rural area & it's awkward to appeal in own name.
Have already gone through the council's Pl dept & have submission receipt to lodge with my appeal.
But wondering is this acceptable by ABP?

A name & address is required to make an appeal, I exist but by a different name & at a different address.
Appeal is not vexatious, it's based on Planing Act & Environment legislation.
Thanks

DOCARCH

Green Forest wrote: »

Hi all, can any of you tell me is it accepted in making an appeal to An Bord Pleanbala to use a pseudonym & a neighbours address?

No!

Aside from questionable legality (making up a fake identity), your appeal would not be accepted unless it's the same name/address as the observation.

If the development bothers you that much, just make the appeal.

Green Forest

Hi,

Yes it is the same name and address as the observation.

DOCARCH

Green Forest wrote: »

Hi,

Yes it is the same name and address as the observation.

So you have already used a pseudonym & a neighbours address?

Green Forest

Yes, I didn't realise that you couldn't do that. Writers use pseudonyms, so I presumed that once I did exist, it should be ok?

Gumbo

Surprised the applicant didn’t cop the fraudulent objection and report it.

I noticed it on an application this year, reported it and it was subsequently removed from the application.

Whoever done it then lost their right to appeal to ABP.

If you use a fake name, you risk the appeal been threw out and not reviewed.

Dudda

If you're a direct neighbour and not someone a few doors down then you can still appeal. I'd forget the earlier observation and the fake name and pretend you know nothing about it. It's a potential disaster. As a direct neighbour I remember hearing there's a clause someplace where they can object to An Bord Pleanála even if they didn't object or make an observation at planning stage. It obviously has to be your real name and have to be a neighbour.

Green Forest

Ok, thanks for advice.

I really didn't think it would be a problem, as many local council decisions are over turned by ABP, because local councils do not adhere to the Planning Act, Housing Guidelines, adjacency to SAC and SPA's etc.

This planning application was refused already and then granted secondly, with a minor reduction of 1.5m in house height, everything else the same and none of the reasons for first refusal were addressed by the same planner in the second application and site notice was erected at the site, but it was not visible or legible form the public road (as is required) on both occasions, as site is situated some distance from the public road, but local council wasn't concerned, hence the appeal.

Metric Tensor

1. I find it hard to believe that you "didn't realise" you were up to something underhand. I think anyone who puts pen to paper to sign a fake name or someone else's name to a document knows full well they are being less than genuine (even fraudulent!).

2. If your "objection" is based on the fact that the site notice was not sufficiently visible it is vexatious. You are correct that it is a rule that it must be visible. But if the development it describes is totally acceptable to you and you knew of the planning application yourself then your only reason for complaining about the notice position is to vexate the process and prevent the applicant from building. (Did you really go to all the effort of making up a fake identity, or worse using someone else's identity, just to ensure that Joe Soap passing on the road can read the text on the planning sign?)

3. A direct neighbour who has not lodged an observation is only entitled to apply for permission to object to ABP and the circumstances in which ABP are allowed to accept such an objection are limited by law. (That is not to say that you wouldn't have success if you did look for permission to object.)

4. If the planning application is refused or invalidated only because the sign was not in the correct location the application will immediately reapply with the sign in the correct location and receive planning permission.

I am from a rural area myself and I do have some sympathy for the neighbourly issues it may cause (this is true in the city too btw!) but the reason planning observations and objections require a name and address is specifically to stop the type of objectionable activity that you have described in this thread!

sydthebeat

Green Forest wrote: »

Yes, I didn't realise that you couldn't do that. Writers use pseudonyms, so I presumed that once I did exist, it should be ok?

my god !!!! :eek::eek::eek::eek:

if the decision is made already and you have made the submission in a fake name, you have voided your right to appeal this to the Bord.

If i was the agent for the applicant i would crucify you in any appeal.

Green Forest

Thank you all for your comments.
There was more than the Site Notice.
And there has been intimidation in the past regarding making observations regarding planning, (which is everyone's right) and this can be quite distressing..

BryanF

hi intimidation is a mater for the guards. As is falsifying a name & address for the purposes of objecting to a planning application. Thread closed