Scully’s Field: Lodging an appeal

I’m hoping to organise an appeal by the Green Party against the Scully’s Field decision, further to the objection to the original proposal lodged by Claire Wheeler, John Gormley, Ciaran Fallon and myself.

The Scully’s Field River Park Action Group have issued a newsletter with details of how to appeal the planning decision, and how to make an observation in respect of an appeal.

Read on for the full text.

DECISION TO GRANT PERMISSION FOR 92 Apts (ref 1123/04) WILL BECOME FULL PERMISSION IF NOT APPEALED

THIRD PARTY APPEALS TO AN BORD PLEANÁLA TO BE SUBMITTED BY 4.30pm TUESDAY 24th AUGUST 2004. (The issue of OBSERVATIONS is discussed overleaf).

HOW TO PROCEED
We intend to appeal the decision of Dublin City Council to An Bord Pleanála and to request an oral hearing. On foot of this YOU can take one of the following options:-

OPTION 1 – APPEAL DECISION

(a) In your letter state that you wish to APPEAL the decision of Dublin City Council
in respect of Planning Application No 1123/04. That you understand that an appeal has been registered and a request made for an oral hearing and that you support that request and hope that An Bord Pleanála grants an oral hearing.

(b) As there is no guarantee that an oral hearing will be granted it is imperative that
you set out your reasons as to why the application should be refused. To assist you in composing your appeal, you may wish to use the 31 principal observations listed by the DCC Planner to rebut the planning conditions listed in his Report (included).

What must you include with your ‘APPEAL’ submission?

  • A letter detailing the full grounds of your APPEAL and any supporting material (photos etc) where available.
  • Attach to your APPEAL submission either the original or a copy of the receipt you received from DCC acknowledging your original submission at application stage (copy available from DCC if required & keep a copy on file). This is vital. Without it your appeal will be disallowed.
  • Ensure the name(s) and address(es) on your letter of appeal match exactly the name(s) and address(es) details on your receipt from DCC.
  • Attach fee of €200 made payable to An Bord Pleanála.
  • Submit well before deadline, don’t leave it till 24th August.
  • Send by post to The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1 or by HAND to an employee at the Board’s Offices (9.15 -5.30 Monday-Friday).

REMEMBER: THE ZONING OF THIS SITE (Z9) IS TO ‘’PRESERVE, PROVIDE AND IMPROVE RECREATIONAL AMENITY AND OPEN SPACE.’’

Letters of Appeal or Observation represent the only avenue open to you to influence An Bord Pleanála. This process works best when the community, as a whole, works together in making its voice clearly heard, therefore WE URGE YOU to make APPEALS or OBSERVATIONS to An Bord Pleanála

We recommend residents make individual comment in particular on the following principal observations :

  1. Zoning (obs.1)
  2. Planning history of Refusals (obs.2)
  3. Flood Plain (obs.4)
  4. Access to Site (obs.6)
  5. Rights of Way (obs.7)
  6. Loss of Trees (obs.10)
  7. Habitat Disruption (obs 11)
  8. Bats on site (obs 12)
  9. Loss of Wildlife (obs.13)
  10. Two Planning Applications for One Site (obs.19)
  11. Overlooking (obs 21)
  12. Intrusive Surveillance (obs. 26)
  13. Noise Pollution (obs.27)
  14. Pedestrain Bridge (obs 28)
  15. Boundary delineation (obs.29)
  16. Destabilising of Escarpment due to removal of ground cover (not cited by Planner)

OPTION 2 – SUBMIT OBSERVATIONS TO AN BORD PLEANÁLA IN RESPECT OF SPECIFIC APPEALS LODGED WITH THE BOARD

An observation may be made in support of an Appeal within 28 days of the receipt by the Board of the Appeal, or where more than one appeal is received, from the date of receipt of the last appeal (e.g. if appeal is lodged on Tuesday 24th August, an observation on it must be received by the Board on Monday 20th September, 2004).

(a) In your letter state that you wish to make an OBSERVATION against the decision of Dublin City Council in respect of Planning Application No 1123/04. That you understand that an appeal has been registered (referencing the specific appeal) and a request made for an oral hearing and that you hope that An Bord Pleanála grants an oral hearing.

(b) As there is no guarantee that an oral hearing will be granted it is imperative that you set out your reasons as to why the application should be refused. Your observation/submission must only refer to and support the content of the specific Appeal to which you are referring.

What must you include with your ‘OBSERVATION’?

  • The name and address of the person making the observation.
  • Sufficient information in your letter for the Board to identify the appeal to which the
    observation relates e.g. Dublin City Council Ref: 1123/04 and the name and address of the applicant and the third party appellant.
  • A letter detailing the full grounds of your OBSERVATIONS and any supporting material (photos etc) where available.
  • Attach fee of €50 made payable to An Bord Pleanála (an observer, unlike a third party appellant, cannot request the holding of an oral hearing).
  • Submit observation well before deadline which is 28 days from the date of lodgement of the Appeal (see header above).
    [As an Environmental Impact Statement was part of the application documents, the Board will advertise (usually the Irish Times) within a few weeks the receipt of Appeals and it will invite further observations from the public on payment of €50. However, as you may miss the notice it is best to make observations soon after the 24th August deadline for receipt of third party appeals].
  • Send by post to The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1 or by HAND to an employee at the Bord’s Offices (9.15 -5.30 Monday-Friday).

Please Play Your Part – DON’T LEAVE IT TO OTHERS !

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