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Thursday, June 21, 2007
Planning permission
Q: We live on a quiet residential road in Wexford Town in a semi-detached house.
Our adjoining neighbour had applied for Planning Permission for a Mews Development at the rear of his property and we have just seen the Planning Notice attached to his gate. What should we do now?
A: I would look very carefully at the Planning Notice and see exactly what Planning Permission has been applied for.
Go up to the Borough Council Offices and ask to have a look at the plans for the property. You are entitled to take copies of the plans, site elevations and any other documents on the public planning file for a photocopying fee.
You should check with the Official in the Planning Section that the application for Planning is a valid one there are all sorts of reasons as to why the Planning Application may be defective in some way with regard to the public notice put up, the local newspaper advertisements, the type of plans or elevations submitted all these matters have to be checked by the Council Officials before there is a valid application and once there is a valid application, you have 5 weeks within which to lodge your observations or objections on the particular application.
Once you have studied the plans, ascertain for yourself what exactly is causing you difficulty with regard to the proposed application does it relate to a loss of your privacy as you are attached to your neighbour and any works going on at the rear of their property will have a bearing on you.
Will it affect your amenity or your enjoyment in your garden? Will it have a bearing on the light coming to the rear of your house? Will it be noisy? Will the construction works put you out? Is it in keeping with the character of the streetscape?
Once a valid application has been made to the Council, the planning Officials will write out, if appropriate, to An Taisce, to the County Engineer or to any other parties it deems to have an interest in this particular planning application.
I think, depending on the relationship you have with your neighbour, I would let your neighbour know that you have been to see the plans and that you may be putting in an objection or observation.
Often, a neighbour who plans doing work, will have come in to talk to you about this but it all depends on what relationship currently exists and it may be that matters might deteriorate between parties if there is not any talk. Perhaps you might discuss the matter also with other neighbours and see what their views are.
Following discussing, if appropriate, the position with your neighbour and if you are still moved to object to what is proposed, lodge your objection with the Council and set it out clearly.
There is currently a fee of €20.00 on this. The Council will then consider the application with the various objections or observations and will issue its decision, following consultation with the various parties and a Planning Official may call to your home to see you and the impact that the works could have on you.
Based on the objection, the person who has applied for Planning Permission may be directed to submit revised drawings or change some aspect of their application and if this is the case, you should look at the revised plans.
If the Council then grants permission for the development and you are still not happy with it, you could lodge an objection to An Bord Pleanála.
Only a person who has lodged an objection to the Planning Authority on a Planning Application or a person who has been granted leave to appeal by An Bord Pleanála may appeal against the decision to An Bord Pleanála.
The appeal must be lodged within 4 weeks, beginning on the date of the making of the decision by the Planning Authority not the date the decision is sent or received as there may be a week or ten-day time-lapse on this.
An appeal to An Bord Pleanála should include the full grounds of appeal and supporting material and arguments. An appeal to An Bord Pleanála will be invalid unless the correct fee is paid within the time period. Currently for an individual appealing a decision, the appeal fee is €210.
Currently, appeals to An Bord Pleanála are taking approximately 6 or 7 months.
The main thing at the moment is to talk with your neighbour, if you think this would be useful and to look at the plans and lodge any objection or observation you may have within the proper time frame.
Lucy Small practises in Doyle’s Solicitors mainly in the area of conveyancing and dealing with older people’s affairs. She can be contacted at Doyles Solicitors in Westgate, Wexford on 053-9123077.
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