Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/

Planning application submissions

2»

Comments

  • #32
    TheBoyConor
    Closed Accounts Posts: 3,283 ✭✭✭TheBoyConor


    Ok thank you.

    I totally get it, I know that councils have procedures to check the application meets criteria and it is a long shot and a small chance, but sometimes things can be missed or mistakes or omissions go unnoticed. If it needs an AA but often times the need for an AA isn't an exact definite yes or no. There can be grey areas and if doubt can be established as to whether it is necessary, then it is needed. If you can establish that doubt convincingly, you might have a valid appeal.

    But that is kinda besides the point, my real question is does your appeal have to have a basis in the initial observation, or could it be based on another issue altogether. Ie, you'd only really be making the observation for the sake of it in order to give yourself the right to appeal a decision on a more substantive issue.


  • #33
    Penn
    Registered Users, Registered Users 2 Posts: 36,024 ✭✭✭✭Penn


    TheBoyConor wrote: »
    Ok thank you.

    I totally get it, I know that councils have procedures to check the application meets criteria and it is a long shot and a small chance, but sometimes things can be missed or mistakes or omissions go unnoticed. If it needs an AA but often times the need for an AA isn't an exact definite yes or no. There can be grey areas and if doubt can be established as to whether it is necessary, then it is needed. If you can establish that doubt convincingly, you might have a valid appeal.

    But that is kinda besides the point, my real question is does your appeal have to have a basis in the initial observation, or could it be based on another issue altogether. Ie, you'd only really be making the observation for the sake of it in order to give yourself the right to appeal a decision on a more substantive issue.

    You have to have some basis for the original submission. It can't just be a placeholder in itself. But the reason for appealing the decision does not have to be the issue you raised in your submission, so long as both reasons are still valid reasons.

    My point is that you are not the arbiter of whether the reasons are valid or not, the Council and then ABP are. You are not the arbiter of whether an AA or similar is required, they are. You can state certain things are required, and even back it up with what you feel is documentary evidence (report from engineer for example), but ABP may not decide that those things are actually required. And so either your reason for appeal is valid or it isn't.

    There are numerous checks and measures in place to prevent frivolous submissions/appeals designed to frustrate the planning/appeals process (including the aforementioned internal checks by numerous departments in the council). So either way, you must have valid reasons for making a submission or appealing a decision at all points. I can't make it clearer than that.


Advertisement