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planning objection

  • 21-04-2018 4:24pm
    #1
    garbo speaks
    Banned (with Prison Access) Posts: 300 ✭✭


    Hi,
    My brother and his wife have gone for planning for an extension to their mid terrace house to the rear. The family next door however have objected, and made very personal and damaging remarks about my brother in their objection. Can my brother get his architect to respond to their objection without it appearing on the planning file?


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,340 Mod ✭✭✭✭Gumbo


    garbo speaks wrote: »
    Hi,
    My brother and his wife have gone for planning for an extension to their mid terrace house to the rear. The family next door however have objected, and made very personal and damaging remarks about my brother in their objection. Can my brother get his architect to respond to their objection without it appearing on the planning file?

    No. All responses will be pubic.


  • #3
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Can someone make personal remarks in a planning objection? Seems a bit odd to me. Are the remarks truthful or defamatory?


  • #4
    Oral Surgeon
    Registered Users, Registered Users 2 Posts: 3,240 ✭✭✭Oral Surgeon


    Good, they best thing is that they made it personal and petty.
    Hopefully the planners will see it for what it is and ignore their objections....

    garbo speaks wrote: »
    Hi,
    My brother and his wife have gone for planning for an extension to their mid terrace house to the rear. The family next door however have objected, and made very personal and damaging remarks about my brother in their objection. Can my brother get his architect to respond to their objection without it appearing on the planning file?


  • #5
    Spanish Eyes
    Registered Users, Registered Users 2 Posts: 16,059 ✭✭✭✭Spanish Eyes


    Must be a non exempt application. Is it double height or in excess of 40sq m level build, will there be blockage of light or privacy etc.? Did applicants speak to neighbours about the plans?

    Just looking at it from a different perspective.

    But personal insults are just ridiculous and vindictive.


  • #6
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,340 Mod ✭✭✭✭Gumbo


    Spanish Eyes wrote: »
    Must be a non exempt application. Is it double height or in excess of 40sq m level build, will there be blockage of light or privacy etc.? Did applicants speak to neighbours about the plans?

    Just looking at it from a different perspective.

    But personal insults are just ridiculous and vindictive.

    Obviously it’s a non exempt application considering planning was applied for.

    If the comments are defamatory I would speak to a solicitor as the public objection been hosted on the council website may be a problem. Similar to defamation cases taken against boards. Mid for what posters have posted on here.


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  • #7
    Spanish Eyes
    Registered Users, Registered Users 2 Posts: 16,059 ✭✭✭✭Spanish Eyes


    kceire wrote: »
    Obviously it’s a non exempt application considering planning was applied for.

    That sounds so arrogant if you don't mind me saying so. But anyway. I am obviously not as educated as you WRT to planning. Few of us are really.

    Anyway the important thing for me is... did the applicants consult with neighbours about the plans or not? Deal breaker if they didn't and the neighbours just saw the sign.


  • #8
    T-Maxx
    Registered Users, Registered Users 2 Posts: 3,208 ✭✭✭T-Maxx


    Spanish Eyes wrote:
    That sounds so arrogant if you don't mind me saying so. But anyway. I am obviously not as educated as you WRT to planning. Few of us are really.

    My understanding is that you can still apply for PP even though the development may be exempted.
    Spanish Eyes wrote:
    Anyway the important thing for me is... did the applicants consult with neighbours about the plans or not? Deal breaker if they didn't and the neighbours just saw the sign.

    Surely the planning process takes care of this?


  • #9
    overshoot
    Registered Users, Registered Users 2 Posts: 3,254 ✭✭✭overshoot


    Spanish Eyes wrote: »
    Anyway the important thing for me is... did the applicants consult with neighbours about the plans or not? Deal breaker if they didn't and the neighbours just saw the sign.
    Legally you have no obligation to talk to the neighbours, but you would generally advise it to keep things friendly... By the sounds of the op, any arguments predate the application so no point in a chat before.

    Any submissions should be based on a planning arguments. A personal rant is just that to a planner. It should have no basis on their decision. I had a similar occurance on an application this year and got a straight Grant. Didn't bother with any counter submission.


  • #10
    garbo speaks
    Banned (with Prison Access) Posts: 300 ✭✭garbo speaks


    kceire wrote: »
    No. All responses will be pubic.

    Are you sure about that? A friend of mine's agent was able to send material to the planner direct (applicant information about ownership of property) which never appeared public.


  • #11
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,340 Mod ✭✭✭✭Gumbo


    garbo speaks wrote: »
    Are you sure about that? A friend of mine's agent was able to send material to the planner direct (applicant information about ownership of property) which never appeared public.

    Your original question was about responding to an observation. That response will go in the public file.

    If the planner requests unsolicited information that clears up legal ownership etc, it may be just to confirm that you have the right to lodge the planning.

    Easiest way to confirm would be to call the council that you are dealing with.


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