Planning Appeal - is it ever just granted

S

sue97

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Hi,

We are awaiting a planning decision and I decided to look over historical submissions to an bord pleanala.

Was shocked to discover that they almost never grant permission (could not find one instance of this happening).

Its either granted (with conditions) or refused.

Just wondering if this is peoples experience or am I reading the site incorrectly.
 
I think you will find that a large percentage of appeals are granted and just like permissions granted by the Planning Authorities they are nearly all conditional.

I would be surprised if they granted a permission unconditionally.
 
Are these standard conditions, my fear was that an Bord were taking something from the plans in each case and never just agreeing with the Council.

I gather from your comments (and would really hope) this is not the case.

Thanks,

Sue
 
Overall country statistics are approx

30% unchanged
40% allowd with changes
30% refused.

Bear in mind that a high percentage of the 'refused' are appeals against local authority refusals in the first place, and are just confirming the LA decision.
You will find these statistics in some gov report using google...
 
every single application ive seen in the last 10 years since starting working on applications have been either granted with conditions or refused. Ive never seen an application granted without conditions.

The very first condition in most cases anyway is that the development shall be in accordance with the plans and particulars submitted.

If you application had been granted by the council but then appealed to the bord, then you can effectively ignore the councils conditions... any conditions from the Bord will supercede the councils conditions.
 
I've seen a good few 'granted - No conditions' decisions. All on applications made by the Town Council, NRA etc. Funny that.
 
Syd, you work in this area, I dont so I assume you are indeed correct.
What I was saying was that in say 1/3rd of cases, the same conditions as applied by the LA are also applied by BP, so no change really. I may be wrong.

As a side issue, do you find that the BP inspector appointed by BP to report on the appeal has any bearing in general on the recommendation that is put to the Board, i.e. do the individually have biaises and /or is there any political influences that might be applied behind the scenes?
Also, is the inspector randomly appointed or at a board meeting?
 
runner, i understood what you meant by 'unchanged', i was more referring to the OPs first post

"Was shocked to discover that they almost never grant permission (could not find one instance of this happening).
Its either granted (with conditions) or refused."

The point is that almost all grants are with conditions.

regarding your question, its been my experience that whatever conclusions the inspector comes to, has to be backed up by referrence to proper policies, ie the CDP or national guidelines. I find that individually they do not have biases, but the bord itself would have its 'pet hates' ie one off rural applications where percolation is bad.... almost always refused IMO..... Once all these are taken on board then yes, its a matter opinion to the inspector whether to grant or refuse.

However it must be understood that the inspectors report has to go to the board or an bord pleanala beforea decision is made. I have seen plenty of decisions by the inspectors overturned by the bord, therefore i can safely assume that politically influence or otherwise does not affect the outcome.

I do not know how the inspector is appointed.
 
GarBow said:
I've seen a good few 'granted - No conditions' decisions. All on applications made by the Town Council, NRA etc. Funny that.
Click to expand...
We are talking about grants of permissions made by An Bord Pleanala and they will always have conditions attached.
 
Glad to hear that Syd, as a friend is going through the appeal process and was concerned on this point. Indeed I had thought it was now one of the most transparent and fair processes, and that nothing underhand should concern him. Thanks.
 
Thanks for info.

Just looked at stats for last two quarters, where there is a third party objection, only in five cases in the last 6 months reported on did they concur completely with the local council.

So in other words, neighbours in general get to mess up your plans a little for 220 euro.

Surely in general, they should be agreeing with their local councils, not the other way around.

http://www.environ.ie/en/Publications/StatisticsandRegularPublications/PlanningStatistics/
 
Sue97, you have got it in one!
There is a big increase I believe in BP appeals for what in some cases are quite spurious reasons, but do hold up the development for at least 6 months for just 200€ cost.
Appeals can be just a few lines, and may be without any substance, but take 6 months to examine!
When it goes to BP its as if no planning was granted by the LA, and its all examined afresh.
 
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