Observation/objection to planning application

type85

Hi. Under what conditions can a late observation/objection/submission be made on a planning application. The 5 week period since the original application has since passed. Thanks.

Gumbo

type85 wrote: »

Hi. Under what conditions can a late observation/objection/submission be made on a planning application. The 5 week period since the original application has since passed. Thanks.

Not aware of any. But I think you can appeal to ABP if you are an immediate land touching owner.

Metric Tensor

To the best of my knowledge what kceire says above is spot on but I have a vague recollection of something being allowed if the applicant has to submit "significant" further information.

I think, but am not sure, that if you are appealing to ABP as an adjoining land owner, who didn't submit an observation, certain circumstances need to apply and you may have to seek permission to appeal.

It's been a little while since I directly looked at any of the above so someone else may correct me below.

DOCARCH

Metric Tensor wrote: »

....need to apply and you may have to seek permission to appeal.

Correct. If you are an immediate property owner, and did not make an observation, you first have to apply to ABP for 'leave to appeal' and they then decide if they will allow/accept an appeal.

To be granted leave to appeal you have to have pretty good reason (like being away, and proving it, for the entire 5 week observation period).

As to the OPs query, there is no mechanism to submit an observation to the local authority after the 5 week period is up.

type85

Hi and thank you all for your replies.
I am an ajoining land owner and stupidly missed the notices both on the site and in the paper (Live 2 counties away).
Is there any occurrence for time for submissions to be reopened? Say for instance the applicant was asked for additional information/other?

Gumbo

type85 wrote: »

Hi and thank you all for your replies.
I am an ajoining land owner and stupidly missed the notices both on the site and in the paper (Live 2 counties away).
Is there any occurrence for time for submissions to be reopened? Say for instance the applicant was asked for additional information/other?

Only if it’s significant further information. The planner may request such changes that would make the development differ from the original ad, and this new notices.

rayjdav

My understanding of the leave to appeal is that under S.37(6)d the permitted development must differ from that originally applied for by way of attached conditions or further information received for it to be allowed. Not something in my time I have seen succeed tbh.

Metric Tensor

If it gets permission you could seek leave to appeal as an adjacent landowner. As rayjdav points out above the circumstances where this should be allowed are limited but let ABP make that decision for you.

buzz11

ABP website explains how to appeal when prior submissions/observations has been missed, link below;

http://www.pleanala.ie/guide/appeal_guide.htm#C2

http://www.pleanala.ie/guide/appeal_guide.htm#C33