No site notice, PP granted within 2 mths!

Our neighbouring farm has had several questionable emissions of offal like smells which have driven us demented for several months. It was quite nauseous and we have had to make complaints. These were dealt with satisfactorily.

We are now concerned that these neighbours applied for a slatted shed beside our driveway, there was no site notice at all which is why we were ignorant of their plans. We could see building materials being unloaded lately but we thought they were building at the back of their farm and I didn't think planning was required for that location. It turns out they are building right up next to the road and driveway. Planning permission was granted within 8 weeks of their application, that to me is double quick time. What can I do to make sure that such smells don't emanate from a source which is now a lot closer to us than before? It's too late to insert such a clause into the conditions of permission or is it if they contravened the site notice requirement?

The Environmental Protection Agency Act, 1992 contained an amendment to the Air Pollution Act 87 which stated that

'pollutant' means any substance specified in the First Schedule or any other substance (including a substance which gives rise to odour) or energy which, when emitted into the atmosphere either by itself or in combination with any other substance, may cause air pollution;".

So don’t be put off by somebody telling you that odours are not covered under that Air Pollution Act – although you may need to check that that amendment was enacted.

pingpong said:

Our neighbouring farm has had several questionable emissions of offal like smells which have driven us demented for several months. It was quite nauseous and we have had to make complaints. These were dealt with satisfactorily.

We are now concerned that these neighbours applied for a slatted shed beside our driveway,

1. there was no site notice at all which is why we were ignorant of their plans.

We could see building materials being unloaded lately but we thought they were building at the back of their farm and I didn't think planning was required for that location. It turns out they are building right up next to the road and driveway.

2. Planning permission was granted within 8 weeks of their application, that to me is double quick time.

What can I do to make sure that such smells don't emanate from a source which is now a lot closer to us than before?

3. It's too late to insert such a clause into the conditions of permission or is it if they contravened the site notice requirement?

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1. the planning application has to be validated by the planning office. this means that both a notice in a national or prescribed local newspaper was submitted, a site notice was submitted, and when the planning authority visited the site (within the first 5 weeks) that a site notice was erected on a public road and readily readable. Therefore the applicants complied with whatever regulations they had to.

2. not necessarily a quick time, a decision can be made between the 5th and 8th week. If it was granted after 8 weeks it means that the application is fully acceptable to the council.

3. yes its too late, the decision has been made, you didnt make a submission in the first five weeks, therefore you cant have any input into the aplication at this stage.

I don't know how there could be "offal type smells" coming from an ordinary farmyard unless they were operating a knackery or allowing dead carcasses to be left lying about. If this was not the case then are you sure that it was not just normal farmyard odours (cattle are not noted for being the most pleasant smelling) and there is nothing that you or the farmer can do about that.
Although I do think he may have been a bit vengeful putting the slatted shed so close to your driveway .

cappycon said:

I don't know how there could be "offal type smells" coming from an ordinary farmyard unless they were operating a knackery or allowing dead carcasses to be left lying about.

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Maybe they had Adrian Mole around to make the dinner?

You live in the country, beside a farmyard....of course you are going to get farmyard smells. This is part of country life whether you like it or not! If you feel that there are pollution issues on this farm the county council are the people to contact. They are very strict with farmers where a complaint is made. However, please bear in mind that the new building is more than likely being erected to improve pollution control on this farm. There are minimum distances which livestock buildings must be kept back from neighbouring houses. A copy of the site notice and newspaper notice will be available in the planning file at the council offices, should you wish to check if the planning process was correctly followed. Considering that planning was granted, I would think that all was in order. As I said at the start, farming is part of country life, and if you live in the country you have to accept the good and the bad!

A Slatted unit is generally use for feeding, housing etc, and not for processing of any farm product, meat dairy etc..... so the only smells emminating will be from the food and from the animals excrement.....

and, as mentioned above, should be expected when living next door to a farm....

RMDT

Don't remind me!! DH nearly had a canipition when local farmer spread slurry on field opposite our new build.

Such a townie!

if there is bad smells coming from the farm and you think they are of dead corpses then you would inform the gardai/H&S authority plus the ISPCA who will deal with the matter asap. its not uncommon that such cruelty happens

check the planning application on line - most co co's now give the option of looking at drawings reports etc on line. - there should be a report from the planners - part of it asks was the site notice there on day of inspection?, are you an adjoining property??? an Bord Pleanala allow you to still object eventhough you may not have put an objection in re the planning applicaiton - is this any help

From ABP website -
32. Can I apply to the Board for leave to appeal a decision of a planning authority? (See also answers to questions 2 and 3).
A person with an interest in land (e.g. a landowner/occupier) adjoining the application site who did not make submissions or observations to the planning authority in relation to the planning application may apply to the Board for leave to appeal the decision of the planning authority within four weeks of the decision of the authority to grant permission. The Board may grant leave to appeal where the person shows that the decision of the planning authority to grant permission differs materially from the application because of the conditions imposed and the conditions imposed will materially affect his/her enjoyment of the land or reduce the value of the land.
Like a planning appeal, the person seeking leave to appeal must state his/her name and address, the grounds on which he/she is basing the leave to appeal (see above), a description of his/her interest in the land and the correct fee.
Where a person is granted leave to appeal, the planning appeal must be received by the Board within two weeks of him/her receiving notification of leave to appeal and must otherwise comply with the requirements for lodging the planning appeal (see questions 4 and 5) including a further fee. Details of fees are available from the Board or your local planning authority.

This appeal must be made to An Bord Pleanala within 4 weeks of the letter of decision to grant permission being issued. No development is allowed during this period. It is following this 4 week period that the grant letter is issued. You are not able to appeal after this. Considering that the development has commenced it is highly likely that you are too late to appeal.

hmmm...in spite of all the rules and regulations in regard to planning, the corruption in the planning departments around the country is rife.

We had to jump through hoops in order to get Planning permission, and had to install a very expensive sewege treatment system.

Our new next door neighbours got their planning permission withing 5 weeks, and got the permission BEFORE they got perculation tests done.

Why?, because they got a friend who worked in the Planning Dept, to do a nixer and do the house plans for them. The Planner happened to be Mr Nixers Girl friend..

Of course I would have reported this, but the applicants were in-law relatives, and we will be living beside them for the forseeable future.

Corruption in Planning departments is rife eh?

You probably jumped through hoops in your application because there was insufficient information submitted in the first place, or in the case of a one-off house in the country, it was probably an inappropriate design which needed to be amended.

No Planning Authority would make you put in an expensive Wastewater treatment plant over a septic tank unless the percolation rates were poor, i.e. soil was too free draining (sandy) or didn't drain at all (clayey soil). A WwTS would be required to stop untreated water reaching the water table.

If your neighbours got their permision in less than 5 weeks then they don't have planning permission. The Planning & development Act states that a Planning Authority cannot make a decision on an application within 1st 5 weeks.

And I wouldn't make comments about nixers etc and corruption in Local Authorities on a public forum. If you really feel you have a case, then complain to the Planning Authority in question through their complaints procedure or complain to the Office of the Ombudsman.

And of course the I would have reported this but....... comment makes me think that you don't really have any proof or justification for your comments.

Very frustrating :mad:

In reply to yourself Daithi, I am only giving an opinion and backing this up with a personal example

They received the Planning permission (Initial Grant) inside 5 weeks. The person who did their house Plans was a County Council engineer. The planning officer was the girlfiend of the engineer.

I did not report this, as I have to live bedside the people who got the planning, and they are relatives.

I have no issue with the council or planning regulations, but I do believe their is room for corruption, as the above would suggest.

Anyone believes that there is no corruption in regard to planning is in cuckoo land

Planning notice: Most CoCo's have the complete planning appliccation online. The newspaper notice is usually in there so check the site to see if it was submited with the application. Further to this, check that there is an inspection on record by the CoCo of the planning notice. It needs to be up before the application goes in, just in case the CoCo sends and office out to check compliance once the app is submitted. If its not done, then refer to point 3.

Quick turnoround: I've not read this thread properly but its probably within the regulated timescale. 2 months is about right. CoCo's generally have x weeks to decide. They do funk all until the last day or two, then process the app.

Appeal: Move. Quick. Check the website for An Bord Pleanala. If the applicatant or the CoCo have made a funk up then it'll be chucked out.