The planning system includes a comprehensive appeals process. Under this, all planning decisions made by planning authorities may be subjected to independent review by An Bord Pleanála. This page gives details of the main features of the appeals procedures.
The page is intended as a practical guide. It is not a definitive legal interpretation of planning law. For more information you may consult An Bord Pleanála or your local planning authority.
1. Who may appeal?
An applicant for planning permission and any
person or body who made a submission or observation in writing to a planning
authority in relation to a planning application within the period of 5 weeks
beginning on the date of receipt by the authority of the planning application
and on the payment of the appropriate fee may appeal the planning authority's
decision to An Board Pleanála.
There are two possible
exceptions to this;
(1) Any person who has an interest in land which
adjoins land on which permission has been granted may, within the appropriate
period and on payment of the appropriate fee, apply to the Board for leave to
appeal against a decision of the planning authority under section 34 of Planning
and Development Act 2000, even if a submission or observation has not been made
to the planning application. Any person or body who made a submission or
observation in writing will be notified by the planning authority if an appeal
is made.
(2) Where a prescribed body was entitled to be notified of a planning application by the planning authority and was not notified, the body may lodge an appeal against the decision of the planning authority without having made a submission or observation on the planning authority.
2. Is there a time limit on appeals?
Appeals must be received by the Board within four weeks beginning on the date of the making of the decision by the planning authority (N.B. not the date on which the decision is sent or received). This is a strict statutory time limit and the Board has no discretion to accept late appeals, whether they are sent by post or otherwise. Further explanation of the time limits is given at Questions 16 and 17 below.
3. How may I appeal?
Every appeal must be made in writing and must be -
* sent by post to -
The Secretary,
An Bord Pleanála,
64 Malborough Street,
Dublin 1,
or
* delivered by hand to an employee of the Board at the Board's offices during office hours (9.15 to 5.30 on Monday - Friday, except public holidays and Good Friday).
The appeal must be fully complete from the start - you are not permitted to submit any part of it later on, even within the time limit.
4. What must I include with my appeal?
* Your own name and address. Where an agent makes an appeal on your behalf, he/she must give your name and address.
* The subject matter of the appeal - you must give details of the nature and site of the proposed development, the name of the planning authority, the planning register number (shown on the decision you are appealing) and the applicant's name and address (if you are a third party).
* The full grounds of appeal and supporting material and arguments. The Board cannot take into consideration any grounds of appeal or information submitted after the appeal is lodged and it cannot consider non-planning issues; grounds of appeal should not, therefore, include such issues.
* The fee for lodging an appeal is €150(one hundred and fifty euro) but in the case of an appeal by an applicant for planning permission in respect of a commercial development, the fee is €380 (three hundred and eighty euro). There is a fee of €45 (forty five euro) for any observation on an appeal lodged to the board.
5. What If my appeal is incomplete?
If the appeal does not meet all the legal requirements (see the preceding paragraph for guidance), it will be invalid and cannot be considered by the Board.
6. Can I see the planning authority file before appealing?
Yes. From the date of its decision the planning authority will keep available for public inspection at its Planning Department offices ;
* the complete application and any additional information supplied by the applicant,
* its own reports on the application,
* its decision and notification of this to the applicant.
If an appeal is made, An Bord Pleanála will be given a copy of all of this documentation -and the planning authority file will remain open for public inspection until the appeal is decided.
7. Can I get copies of documents relating to a planning application?
Yes, under the new Planning & Development Regulations 2001 and the Copyright Act and Related Rights Act 2000, Section 74, copies of all planning applications received on or after the 1st January 2001 must be available for purchase by the public at a cost prescribed by the Local authority. Copies of any part of a planning application file can be sold on request at a reasonable cost with the exception of technical reports which are only available for purchase after the decision has been made.
8. Can I ask for an oral hearing?
Any party to the appeal may request an oral hearing provided the correct non-returnable fee €75(seventy five euro) is paid in addition to the appeal fee. The appellant must make the request within the period for lodging the appeal. Where a third party appeal is made, a copy of it will be sent to the developer and he/she is allowed one month from this later date.
If you request an oral hearing, you still must state your grounds of appeal in full and comply with the other legal requirements (see Question 4 for guidance) when lodging your appeal.
The Board has absolute discretion to hold an oral hearing and will normally only grant one where this will aid its understanding of a particularly complex case or where significant national or local issues are involved.
9. What happens next?
The Board sends a copy of the appeal to the planning authority and, in the case of a third party appeal, to the developer. These have four weeks to submit their views. The Board cannot consider any views that are late and no party is allowed elaborate on his/her views once they have been submitted to the Board.
10. How does the Board ensure fair play for all?
Where the Board considers it appropriate in the interests of justice, it can ask any party or observer to make submissions or observations on any matter that has arisen on the appeal. This will allow the Board, for instance, to seek comment on any significant new matter arising in the appeal. The Board also has powers to require any party or observer to submit any document, information etc. which it considers necessary. The Board will specify a time limit (minimum 14 days) for submission of the invited material and this limit will be strictly enforced.
11. Is there a time limit for deciding appeals?
The Board's objective is to dispose of appeals within 18 weeks. However, where the Board does not consider it possible or appropriate to reach a decision within 18 weeks (eg. because of the complexity of the issues), it will inform the parties of the reasons for this and must say when it intends to make the decision.
12. Will I be informed of the Board's decision?
Yes. A decision will be made either
* to grant permission
* to grant permission with conditions
* to refuse permission
and all involved in the appeal will be notified.
13. Is the Board's decision final?
Yes. Its validity may only be challenged, within 8 weeks, by way of judicial review in the High Court. The Court will not reopen the planning merits of the case and may only give leave to pursue the review process where it is satisfied that there are substantial grounds for contending that the Board's decision is invalid or ought to be quashed.
14. Can the Board dismiss appeals?
Yes. The Board has discretion to dismiss an appeal where it is satisfied that the appeal is vexatious, frivolous or without foundation. The Board can also declare a planning application or appeal withdrawn where it is satisfied that it has been abandoned.
15. How strict are the time limits?
So that the Board can determine appeals within 18 weeks, all the time limits are very strict and the Board has absolutely no discretion to extend the dates. This applies to the lodging of appeals, submission of comments by parties, the making of submissions and observations to the Board by others, and where invited by the Board, to additional submissions.
16. What if the Board is closed on the last day allowed?
When the last date for receipt of an appeal or other material falls on a day when the offices of the Board are closed (weekends, public holidays and Good Friday) the latest date for receipt will be the next day on which the offices of the Board are open. It is your responsibility to ensure that the appeal or other material is delivered or posted in time for delivery within the appropriate period. An appeal or other material posted within the permitted period but received outside it will be invalid.
17. Can I see the Board's file?
Yes. All documents, including the report prepared by the Board's inspector, can be seen at the Board's offices. They become available 3 working days after the Board's decision, and the file is open for 5 years. A copy of any part of an appeal file (apart from plans or other drawings or photographs) may also be purchased within this time for a reasonable fee. This arrangement applies to appeals received on or after 10th April 1995.
18. Can I get further information?
Further information can be obtained from An Bord Pleanála at the address given in paragraph 3 above, phone (01) 858 8100, or from your local planning authority.
The law governing the planning system is set out in the Local Government (Planning and Development) Acts, 1963 to 1993 and the Local Government (Planning and Development) Regulations, 1994 and 1995, Planning and Development Act 2000 and the Planning and Development Regulations 2001. These may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin, 2, Telephone (01) 661 3111.