Co Co change the schedule of conditions after final grant for planning

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lialwarrior

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I recently received notification of final grant for planning permission for a 2 storey house with a septic tank from my local county council.

However, the council have now changed the conditions after they realised their mistake i.e I have planning for a septic tank and the fact I will not be using any of the services they outlined in the original condition.

Are they allowed do this, after the file had be effectively closed?

The council have now sent out an updated schedule of conditions. They apologised and stated that it was a typographical error and that my file has been amended and updated.

They have actually changed 2 conditions.

The 2 original conditions...


  • The developer / applicant shall pay the sum of €6,797 to the Planning Authority as a contribution towards expenditure that was and/or that is proposed to be incurred by the Planning Authority in the provision, refurbishment, upgrading, enlargement or replacement of waste water treatment facilities, waste water and surface water sewer network, drains and associated infrastructure by the Council benefiting development in the area of the Authority...


  • The developer / applicant shall pay the sum of €3,555 to the Planning Authority as a contribution towards expenditure that was and/or that is proposed to be incurred by the Planning Authority in the provision, refurbishment, upgrading, enlargement or replacement of public roads and public transport infrastructure by the Council benefiting development in the area of the Authority...


The 2 new conditions are;


  • The developer / applicant shall pay the sum of €6,797 to the Planning Authority as a contribution towards expenditure that was and/or that is proposed to be incurred by the Planning Authority in the provision, refurbishment, upgrading, enlargement or replacement of public roads and public transport infrastructure by the Council benefiting development in the area of the Authority...


  • The developer / applicant shall pay the sum of €3,555 to the Planning Authority as a contribution towards expenditure that was and/or that is proposed to be incurred by the Planning Authority in the provision and extension of social infrastructure (open spaces, recreational and community facilities, amenities and landscaping works) by the Council benefiting development in the area of the Authority...
 
They just want €10,352 from you, all they changed is how they "allocate" the charges. Don't hold your breath waiting to see any benefit from it.
 
Hi Mathepac, they are actually looking for €12,536 in total towards contributions as there is an additional condition of €2,184 for water.

I was just querying if they are legally allowed to change the schedule of conditions after the final grant of permission? I would have assumed that it was legal document and that the goal posts could not be moved after the planning decision had been finalised.
 
Make a complaint to the ombudsman. I had a similar situation for a client and ombudsman upheld complaint and client did not have to pay.
 
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