The planning system includes a comprehensive appeals process. Under this, all planning decisions made by planning authorities may be subject to independent review by An Bord Pleanála (the Board). This leaflet gives details of the main features of the appeal process and is intended as a practical guide to the procedures under the 2000 Planning Act. It is not a definitive legal interpretation of the planning law. You are also advised to read ‘A Guide to Fees Payable to the Board’ leaflet. This and further information is available from the Board or your local planning authority.
1. Is there an appeal application form?
There is no statutory appeal application form. However, the Board has produced a ‘Planning Appeal Form/Check List’ which may be used as a cover page in an appeal. This document provides an easy-to-use guide which, if followed fully, should help to ensure that your appeal will be valid. Remember that the onus is on you to make a valid appeal. The document is available from the Board, may be downloaded from its website www.pleanala.ie and should be available from your local planning authority.
2. Who may appeal?
· An applicant for planning permission (first party), and
· any other person, body or interested group etc. who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with permission regulations (third party). There are two exceptions to the requirement to have made prior submissions or observations: -
where a prescribed body was entitled to be notified of a planning application by the planning authority and was not notified in accordance with law, the body may lodge an appeal against the decision of the planning authority without having made submissions or observations on the planning application.
A person with an interest in land adjoining the application site (e.g. a landowner/occupier)may apply to the Board for leave to appeal the decision of the planning authority (see question 29).
3. Is there a time limit on appeals?
Except where a person is granted leave to appeal by the Board (see questions 2(2) and 29), 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). The day the decision is made is counted as the first day. For example, if the decision of a planning authority is made on Wednesday 2nd of a month, the last day for receipt of the appeal is Tuesday 29th of the same month.
Where a person is given leave to appeal, the appeal must be received by the Board within two weeks of him/her receiving notification of that fact.
These are strict statutory time limits. The Board has no discretion to accept late appeals, whether they are sent by post or otherwise. 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. Further explanation of the time limits is given in questions 25, 26 and 27.
4. How may I appeal?
Every appeal must be made in writing and must be:
Sent by post to:
The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1,
· or, delivered by hand to an employee of the Board at the Board’s offices during office hours (9.15 a.m. to 5.30 p.m. on Monday to Friday except on public holidays and other days on which the offices are closed). Appeals placed in the Board’s letterbox are invalid.
· The appeal must be fully complete from the start – you are not permitted to clarify, elaborate or submit any part of it at a different time, even within the time limit. (See also question 14).
5. What must I include with my appeal?
· Your own name and address – which must be clearly stated. Where an agent makes the appeal on your behalf, he/she must state clearly his/her own name and address and your name and address.
· The subject matter of the appeal - you must give sufficient details to enable the Board to readily identify the application the subject of the appeal (e.g. a copy of the planning authority decision, or details of the nature and the site of the proposed development, or the name of the planning authority and the planning register reference number of the decision you are appealing).
· The grounds of appeal and supporting material and arguments. The Board cannot take into consideration any grounds of appeal or information submitted after the appeal (except information specifically requested by the Board) and it cannot consider non-planning issues; grounds of appeal should not, therefore, include such issues. (See also question 23).
· The correct fee. Details of fees are available from the Board or your local planning authority.
· In the case of a third party appeal, the acknowledgement by the planning authority of receipt of the submission or observation made by the person to the planning authority at application stage to show that the submission or observation was made at that stage. (A copy of the notification of the decision or similar is not accepted as an acknowledgement of receipt of the submission or observation)