Objecting to planning

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Lyndan

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Hey All

I have searched the forum and read up on planning in past posts however I am looking for some specific help for my situation.

I live in an apartment development that has a shop at the entrance gates. The shop has a big sign right inside our main gates advertising the shop and what it sells - its a total eyesore. It doesnt have permission to be there but has been up for the last year! They have now recieved an enforcement notice from DLRCOCO telling them it has to come down and of course now they have applied for permission. The notice was in the paper today, there is no sign up outside yet.

How long from when its in the papers should the sign go up outside? How long will it stay? Do you think its better for us to individually object or object collectively (the whole complex is against it). If it is better to employ a planner to help us, where would I find someone?

The sign makes us look like we are living in a shopping center, and it just ruins the whole look of the village we live in.

Any help would be greatly appreciated,

Cheers
 
Re: Objecting to planning...

There's no specific timeframe exactly from when it's in the papers. The only stipulation is that when they actually submit their application to the council, then the newspaper notice has to be from within the last 2 weeks and the pp notice has to be erected on the same day.

They could stretch this out for quite a while...it usually takes 8 weeks for the council to make their decision...then if they are refused they would have 4 weeks to submit their appeal to an bord pleanala and if it goes to an bord pleanala it takes about 5 months for their decision to be made...so i reckon you'll have the sign here for the better part of the next year at least...not much you can do about it, it seems.
 
Re: Objecting to planning...

I would suggest the following approach:

Draft up a proper petition of objectors, with an agreed wording outlining your objection to the proposal at the head of the petition. This objection should be clear, concise and detail facts only, the LA will consider facts only in its assessment of the application. Ask each objector to sign the petition and include their address. Include this with a letter of objection to the local authority. The letter should read something like this:

We wish to object to the application on the following grounds:

1. The signage was erected without permission from or consultation with local residents. The shop owner did not engage in any consultation with any residents prior to making the application and has not considered local sentiment.

2. The sign detracts from the appearance of the residential scheme and would devalue the properties and affect the amenity of the complex.

3. If the LA were to grant retention permission for such a sign this would set an unwelcome precedent where signage could be erected without due consideration or proper planning.

4. The proposed location of the sign would be contrary to the proper planning and development of the area.



Does the shop owner have the right to erect signage on the wall in question? (does he own the wall?) Are there any rules (enforceable by Property Management agent or others) which apply to the erection of such signage?

You do not need to engage the services of a planning consultant for an objection of this nature as the objection is not complex and a detailed knowledge of the planning acts are not required. The services of such a consultant would probably cost in the region of €1000 in anycase. Good luck with it.
 
Re: Objecting to planning...

bb12 said:
There's no specific timeframe exactly from when it's in the papers. The only stipulation is that when they actually submit their application to the council, then the newspaper notice has to be from within the last 2 weeks and the pp notice has to be erected on the same day.

They could stretch this out for quite a while...it usually takes 8 weeks for the council to make their decision...then if they are refused they would have 4 weeks to submit their appeal to an bord pleanala and if it goes to an bord pleanala it takes about 5 months for their decision to be made...so i reckon you'll have the sign here for the better part of the next year at least...not much you can do about it, it seems.
Click to expand...

Actually, The time frame to make a planning appeal is 28 days from the day of the decision of the planning authority. The bord has provisional statuary decision time of 18 weeks but this can be extended at their discretion.

Regarding the retention , the are only obiliged to remove the sign if the decision is to refuse the permission. The council has five weeks to make a decision but again this can be extended if they require additional information etc.

To make a third party appeal you must objection to the council at application and keep your receipt of acknowledgement.

I would encourage others not to give advice about time limits unless they are 100% sure. Your best bet is to look at your local county council website or the Boards website www.pleanala.ie on how to make a planning appeal
 
Re: Objecting to planning...

eh...didn't i say 4 weeks?? ie 28 days???

i'm going through this process myself at the moment. you'll find if you look at the bords website that very few decisions are made within the proposed 18 weeks timeframe. they're overloaded with work and most decisions are pushed out these days to longer than that.
 
Re: Objecting to planning...

But if its only in the papers now the planning application hasn't gone in yet as they have to have 2 paper clippings with their application
 
Re: Objecting to planning...

bb12 said:
eh...didn't i say 4 weeks?? ie 28 days??? .
Click to expand...

you missed my point ...it is very strict..28 days from the day the managers order is signed including weekends etc.
 
Re: Objecting to planning...

When I was recently lodging an objection the guy in DCC said it makes no difference whether people object collectively or individually- its the points oulined that will be taken into consideration not how many people make them.

Good luck
 
Re: Objecting to planning...

thanks guys for your help

the site notice went up yesterday, it has been in the papers twice but DLRCOCO have not recieved an application yet? I thought they should have it by now?

Our lease does state that we are not allowed to erect signage however we are unsure if shop has signed the same lease as us - trying to find this out is proving to be a nightmare. The sign is erected inside our complex, its a totem sign.
 
Re: Objecting to planning...

Application has to be submitted within 2 weeks of the advert in the paper.
 
if its 2 weeks from advert in the paper then they have to have it in by the end of this week - what happens if they dont get it in?
 
Then they have to readvertise.

Happens sometimes - depends on the workload in the office.
 
just a little update on the situation!

sign is now up outside the store since the 5th July - however i just noticed it says on it its been there since the 24th June! They say on the notice we must object within 5 weeks of the 24th June, but DLRCOCO still dont have an application on file.....
 
Hey All

Thanks for your great advice on my last question. The signage in question was rejected by DLRCOCO and now is being appealed with An Bord Pleanala.

Is it enough to just send a copy of my original objection with a new cover letter with ABP reference number? Please see attached objection as submitted to DLRCOCO...

Any help appreciated,

Cheers
 
[broken link removed]

Is it just me or is the website a bit 80's?

Also....

[broken link removed]
 
Lyndan said:
Hey All

Thanks for your great advice on my last question. The signage in question was rejected by DLRCOCO and now is being appealed with An Bord Pleanala.

Is it enough to just send a copy of my original objection with a new cover letter with ABP reference number? Please see attached objection as submitted to DLRCOCO...

Any help appreciated,

Cheers
Click to expand...

Yep, thats fine but make sure it is on-time and you pay the fee. An observation on a appeal has to made within 28 days of the last appeal being lodged. The days include weekends. The website maybe outdated style wise but it has all the info you need, including a search engine that lists appeals that were decided and lodged three workings days previous.
 
Lyndan:
Wait and see what "the bad guys" do first in their appeal to ABP, its quite likely they'll change tack to deal with the reasons for refusal raised by DCC. Then tackle those points.
 
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