Is it worth appealing a planning permission with Bord Pleannala given to a very large development

Hi there,

An apartment complex across from mine just got planning permission to extend with the council.

They are quite a huge development and our board are not giving us any support.

There were only 10 objections from owners.

Is there any point in appealing, we were thinking of hiring a solicitor to write an appeal letter

as obviously our objection letters didn't cut it but at the same time we can't see anything

major to object to and we don't have the money to hire Architects or builders etc.

Our main gripe is noise as currently its already a big problem, privacy, some think over shadowing but I don't think we will be affected by that.

The solicitor is saying it doesn't matter even if its only one person appealing, its the legality that counts not how many submit it and sending in an appeal

from a solicitor will look good as well.

But a solicitor would say that too to get business.

Anyone any good advice please?

Thanks.

Victor

As I understand things, only those that have already objected to the council can appeal to ABP.

A town planner might be more useful than a solicitor.

https://www.boards.ie/discussion/comment/119452198#Comment_119452198

Thanks for, I'll look it up.

We did object already so we are allowed to appeal.

cuttingtimber22

Would you have more success if you tried to seek mitigation of the issues which will most affect you e.g. hours of working? And perhaps also measures to mitigate dust?

Also important that your development will have access to a liaison person on the other site and that the Local authority commits to monitoring.

muffler

OP you don't need a solicitor for the appeal but they can be useful occasionally. Instead of paying a solicitor use your money more wisely and engage the services of a planning consultant. Better still get the original objectors grouped together to cover the fees and outlays of the planning consultant and it will be a lot easier on the pocket.

spurious

Not sure if you included it in your original objection, but whichever council it is, quote their own policies at them. If the noise would impact of the living environment and their city plan/policy says they are doing all they can to improve it, quote their actual policy back at them.

They don't care about upsetting residents in general (what are you going to do? Move?) but if you can quote legislation or their own policies at them, then do so. Look for other cases which have been successfully appealed, if the same concerns apply to you, then quote that at them.

AFAIK all developments have to do a study regarding shadow and the new building, so that should be in their already submitted documents.

No extra value in getting a solicitor to be honest. Anyone can write a decent appeal. Just stick to facts and previous decisions/policies.

Privacy as the only appealable issue? Unless the effect on your privacy is really substantial, I wouldn't be terribly hopeful,

sydthebeat

At appeal level Privacy is an easily argued situation, either for or against.

So you should show how your privacy will be effected by the proposal (over looking?)

And then they developers will be afforded the opportunity to respond (possibly by making changes)

"Noise" is similar. The council can condition noise levels during construction etc, but when it's built "noise" pollution then becomes a civil matter, not a planning one. You cannot object to a development because you think the prospective owners are going to be noisy. You certainly do not have the right, in an urban situation, not too have any development constructed around you (once development guidelines are met)

Thanks very much everyone for your sound advice, I really appreciate it.

It gave me food for thought and has helped me make up my mind.

Thanks again.