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Serial An Bord Pleanala Objector

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  • 23-05-2020 2:00pm
    #1
    gasMan12
    Registered Users Posts: 2 ✭


    Hi Folks,

    I would like to apply for planning in my local area, but was looking for some advice on this.

    We have a local busy body who enjoys to occupy his time with making nuisance planning submissions to the Local Authority and an Board Pleanala, this individual has caused the local people thousands of euros in wasted applications for planning on their own lands, as he has simply taken them to an Bord Pleanala and had them overturned.

    This individual has also family ties within the council planning dept, could this conflict of interest be used to invalidate his objections?

    Any advice or experiences on how to deal with this would be appreciated.


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    #2
    sydthebeat
    Subscribers Posts: 41,037 ✭✭✭✭sydthebeat


    No that is not a conflict of interest.

    If he does appeal, the bord has the discretion to reject an appeal on frivolous or vexatious grounds.

    . Can the Board dismiss appeals?
    Yes. The Board has discretion to dismiss an appeal where it is satisfied the appeal is vexatious, frivolous or without substance or foundation or where the appeal is made with the sole intention of delaying development or of securing the payment of money, gifts, considerations or other inducement by any persons. The Board can also declare a planning application or an appeal withdrawn where it is satisfied it has been abandoned.

    From here :
    http://www.pleanala.ie/guide/appeal_guide.htm#C27


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    #3
    ec18
    Registered Users Posts: 2,702 ✭✭✭ec18


    gasMan12 wrote: »
    Hi Folks,


    We have a local busy body who enjoys to occupy his time with making nuisance planning submissions to the Local Authority and an Board Pleanala, this individual has caused the local people thousands of euros in wasted applications for planning on their own lands, as he has simply taken them to an Bord Pleanala and had them overturned.

    you mean ABP overturned the planning or the appeal?

    the sentence reads like he took them to ABP and the planning was over turned? in that case he would have had a point to object?


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    #4
    Penn
    Registered Users Posts: 33,241 ✭✭✭✭Penn


    ec18 wrote: »
    you mean ABP overturned the planning or the appeal?

    the sentence reads like he took them to ABP and the planning was over turned? in that case he would have had a point to object?

    I'd have to agree. He must have had legitimate reasons for objecting, and ABP felt those objections to be strong enough to warrant refusing planning. Any ties he may have in the council's planning department (which I strongly doubt had any bearing regardless) wouldn't matter once it goes to ABP.

    You can search the planning permissions which were refused on the Council's website, where the ABP report was probably uploaded too. This would explain the reasons why ABP decided to refuse permission.


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    #5
    Blisterman
    Registered Users Posts: 7,450 ✭✭✭Blisterman


    An objection by itself, shouldn't be enough to have a planning application refused. The council would have to feel the point raised in the objection was a valid enough reason enough to refuse permission.

    So I'd recommend looking at this person's other objections, and the reasons given for refusal, and speak to your designer, see if you can preempt these reasons in your planning application.


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