Site breadcrumb trail...
Making a Planning Appeal
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 process.
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.
- Who may appeal?
- Is there a time limit on appeals?
- How may I appeal?
- What must I include with my appeal?
- What if my appeal is incomplete?
- Can I see the planning authority file before appealing?
- Can I get copies of documents relating to a planning application?
- Can I make my views known to the Board without appealing?
- Can I ask for an oral hearing?
- What happens next?
- How does the Board ensure fair play for all?
- Is there a time limit for deciding appeals?
- Will I be informed of the Board's decision?
- Is the Board's decision final?
- Can the Board dismiss appeals?
- How strict are the time limits?
- What if the Board is closed on the last day allowed?
- Can I see the Board's file?
- Can I get further information?
1. Who may appeal?
All individuals, interest groups, etc, have the right to appeal to An Bord Pleanála. You can appeal to the Board against any planning decision of a planning authority. For example, you can appeal against a refusal of an application by you for planning permission or you can appeal against conditions with which you do not agree attached to planning permission you receive from the planning authority. You may also appeal against the grant of planning permission to another person for a development to which you are opposed - this is known as a third party appeal. However,in the case of a third party, an appeal may only be made where an initial submission/observation has been made by the third party to the planning authority in respect of the application.
2. Is there a time limit on appeals?
Appeals must be received by the Board within 4 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 Pleanala, 64 Marlborough Street Dublin 1. |
| or | delivered by hand to an employee of the Board at the Board's offices during office hours. |
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 correct fee. For current fees please refer to An Bord Pleanála at 01-8728011.
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 or see the on-line viewing system.
- 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.
7. Can I get copies of documents relating to a planning application?
Yes. Planning authorities will sell, on request, copies of any part of a planning application file at a reasonable cost. . Any documents for sale will be available while they are open for public inspection.
8. Can I make my views known to the Board without appealing?
Yes. Where an appeal has already been made, another person can become an "observer" and make submissions or observations on the appeal. A copy of the appeal can be seen at the Planning Department offices. The time limit for this is 4 weeks from the receipt of the appeal by the Board, or, in a case where an Environmental Impact Statement has been submitted, within 4 weeks of when the Board publishes notice of receipt of the appeal. A fee (€ 45 at present) must be paid to the Board with any such submissions or observations.
Should the appeal be withdrawn by the person who made it, the decision of the planning authority will stand and your submissions will lapse.
9. Can I ask for an oral hearing?
Any party to the appeal may request an oral hearing provided the correct non-returnable fee (€ 75 at present) is paid in addition to the appeal fee. The appellant must make the request within the period for lodging the appeal.
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.
10. 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 4 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.
11. 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.
12. 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.
13. 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.
14. Is the Board's decision final?
Yes. Its validity may only be challenged, within 2 months, 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.
15. 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.
16. 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.
17. 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 close (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.
18. 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.
19. Can I get further information?
Further information can be obtained from An Bord Pleanála at the address given in Question 3 above, phone (01) 8728011, or from your local planning authority.
