Thursday, November 13, 2008

Grounds for the review of the approval of building plans


Should a Building Control Officer fail to invite representations from adjoining owners regarding the impact of a proposed building interested persons may apply to court for an order to set aside the approval of the plans and the review thereof.

The grounds for such an application may include the irregular appointment of the Building Control Officer, the building plans fail to comply with the National Building Regulations or relevant town planning scheme, the buildings are likely to disfigure the area, lower the values of surrounding properties, constitute a danger to the public or be unsightly or objectionable.

In terms of the Promotion of Administrative Justice Act such an application should be brought within a reasonable time but no later than 180 days after exhausting all internal remedies with the local authority. The objection to the approval of plans should be lodged within 21 days after notification of such approval.

Bruce Lyle
Membership Services Manager

CONSULT YOUR ASSOCIATION.
WE ARE HERE TO HELP YOU !

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