Allison1707
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Hiya, just a quickie.... If a small infill site has been refused by An Board Planala is that it? As in... forget about building anything ever at that location?
Site refusal is that it?
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Allison1707
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Hi Clonback
Thanks for the reply.
The ambitious proposal was for a new 74sqmtr 2 story detached two bedroom house, to the side of the existing 2 story semi detached two bedroom house.
Basically an infill house in our garden. (We are in Dublin 12 and these were common with around 7 of these constructions going on or just completed at the time.)
Our neighbour facing ourselves had just compleated a 3 bedroom house doing the same, so we employed the same architect to mirror the plans but just reversed to fit into our site.
Unfortunately another neighbour (who has since moved)put in an objection and the below is what we received back after the appeal to An Bord Pleanala.
and the reasons and considerations back in 2009 were as follows
"Having regard to the restricted size and configuration of the site and the pattern of development in the area, it is considered that a house at this location would result in an incongruous form of development which would also give rise to overshadowing of the adjoining dwelling to the north. The proposed development would therefore, seriously injure the amenities of the area and of property in the vicinity and would accordingly be contrary to the proper planning and sustainable development of the area."
It pretty much seems to be saying forget about it...
Thanks for the reply.
The ambitious proposal was for a new 74sqmtr 2 story detached two bedroom house, to the side of the existing 2 story semi detached two bedroom house.
Basically an infill house in our garden. (We are in Dublin 12 and these were common with around 7 of these constructions going on or just completed at the time.)
Our neighbour facing ourselves had just compleated a 3 bedroom house doing the same, so we employed the same architect to mirror the plans but just reversed to fit into our site.
Unfortunately another neighbour (who has since moved)put in an objection and the below is what we received back after the appeal to An Bord Pleanala.
and the reasons and considerations back in 2009 were as follows
"Having regard to the restricted size and configuration of the site and the pattern of development in the area, it is considered that a house at this location would result in an incongruous form of development which would also give rise to overshadowing of the adjoining dwelling to the north. The proposed development would therefore, seriously injure the amenities of the area and of property in the vicinity and would accordingly be contrary to the proper planning and sustainable development of the area."
It pretty much seems to be saying forget about it...
To answer your original question, that is effectively it for in terms of the original application. However, any new application may or may not be approved.
A few things:
- Who appealed to ABP? Was the application originally approved by DCC and then appealed? or refused by DCC and you appealed it to be refused again by ABP? If it was originally approved, you stand a better chance with a new application, especially if the person who objected is no longer around to appeal to ABP.
- Note that the refusal may or may not have anything to do with any objection, and the original application and refusal will be noted in the appraisal of any new application.
- If refused by DCC, what reasons were given? In general, if a new application can show how it addresses the issue that caused the refusal, it stands a chance of being approved.
- 2009 is quite a while ago now, and priorities change. In particular, DCC is probably more interested now in adding to the numbers of housing approvals to show action on housing provision.
In short, the original application is dead, but if you address the issues identified and have a pre-planning meeting with DCC to get their views, you should be in with a chance. It would be a pretty slim one though if DCC refused the original as well as ABP and there wasn't any significant change to address their refusal reason.
A few things:
- Who appealed to ABP? Was the application originally approved by DCC and then appealed? or refused by DCC and you appealed it to be refused again by ABP? If it was originally approved, you stand a better chance with a new application, especially if the person who objected is no longer around to appeal to ABP.
- Note that the refusal may or may not have anything to do with any objection, and the original application and refusal will be noted in the appraisal of any new application.
- If refused by DCC, what reasons were given? In general, if a new application can show how it addresses the issue that caused the refusal, it stands a chance of being approved.
- 2009 is quite a while ago now, and priorities change. In particular, DCC is probably more interested now in adding to the numbers of housing approvals to show action on housing provision.
In short, the original application is dead, but if you address the issues identified and have a pre-planning meeting with DCC to get their views, you should be in with a chance. It would be a pretty slim one though if DCC refused the original as well as ABP and there wasn't any significant change to address their refusal reason.
Alison
Just looked at your planning file and I feel you should proceed as follows.
1 Consult a few new architectural firms and seek their views.
2 Get sketch drawings prepared and go to a pre planning meeting with your new architect.
3 The outcome of the meeting will determine your next step.
Best of luck.
Just looked at your planning file and I feel you should proceed as follows.
1 Consult a few new architectural firms and seek their views.
2 Get sketch drawings prepared and go to a pre planning meeting with your new architect.
3 The outcome of the meeting will determine your next step.
Best of luck.
JoeRoberts
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Planners for a particular area can change reasonably regularly. They don't all look at things the same way. So it is never lost.
Allison1707
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Clonback thank you so much for giving me your time and opinion. you are a Gentleman
Albeit design and pre-planning dependant, I now have a glimmer of hope that something may eventually be built and all is not lost.....
Thank you
Albeit design and pre-planning dependant, I now have a glimmer of hope that something may eventually be built and all is not lost.....
Thank you
I'd agree with Clonback's recommended plan of action. As you said yourself, "A new proposal was to be a total re-design....", so it is effectively a new application. Also, there's been a new development plan since then (actually two since), so the criteria it's evaluated against may well have changed. Of course, it may well prove impossible to get a design that addresses the issues raised in the previous refusal, even if there have been changes since. By getting views on this as Clonback suggests should tell you beforehand how likely it is to succeed. In short, all is not lost, but go in as prepared as possible, as otherwise you could end up with paying out a lot only to be refused again.
Allison1707
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Joe thank you
And thanks so much Newtothis I really appreciate your input and advice and I've taken it all on-board so will now see what an architect thinks, get something drafted up and see if I can get a preplanning meeting.
Your all very good for giving me your advice and I really appreciate it.
Thank you
And thanks so much Newtothis I really appreciate your input and advice and I've taken it all on-board so will now see what an architect thinks, get something drafted up and see if I can get a preplanning meeting.
Your all very good for giving me your advice and I really appreciate it.
Thank you