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A Guide to Making a Planning Appeal

Copyright 2007 An Bord Pleanla

6. What if my appeal is incomplete?

If the appeal does not meet all the legal requirements at the time the appeal is made (see the preceding paragraphs for guidance), it will be invalid and cannot be considered by the Board. (See also question 14).

7. Do different fees apply in different cases?

Yes. Where, for example, the appeal relates to commercial development (includes 2 or more houses) and/or unauthorised development (includes most development works and changes of use carried out without a grant of permission) and the appeal is made by the first party, higher than normal fees apply. Different fees also apply to other categories such as “observers” (see question 11), certain public bodies and for oral hearings. Please refer to the Board’s determination order on fees for detailed information.

8. Can I see the planning authority file before appealing?

Yes. The planning authority will make available for public inspection the planning application and any submissions or observations received in relation to the application at its offices as soon as may be after they are received.

Within 3 working days of its decision, the planning authority will also make available for public inspection at its offices-

9. Can I get copies of documents relating to a planning application?

Yes. Copies of the documents referred to at 8 above may be purchased from the planning authority at reasonable cost.

10. Are there certain decisions or conditions of a planning authority on a planning application which cannot be appealed?

11. Can I make my views known to the Board without appealing?

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 authority’s office. The time limit for such submissions or observations is four weeks from the receipt of the appeal by the Board (or the last appeal where more than one is made) or, in the case where an Environmental Impact Statement has been submitted, four weeks of the date the Board publishes notice of its receipt or, where the Board has requested the applicant to publish a further site or newspaper notice, four weeks of the date of publication of the notice. So, if an appeal is received on Wednesday 2nd of a month, the last day for receipt of submissions or observations on the appeal by an “observer” is Tuesday 29th of the same month. See also questions 25, 26 and 27 regarding time limits. Should the appeal (or all the appeals where there is more than one) be withdrawn by the person who made it, the decision of the planning authority will stand and your submission will lapse.

12. How may I make my views known to the Board?

An “observer” should submit his/her submissions or observations in writing by: -

13. What must I include with my submissions or observations?

14. If my appeal or observation is invalid, can I re-lodge the appeal or observation?

If you comply fully with All the requirements at the time you re-lodge the appeal or observation, then it will be accepted. The requirements are that the appeal or observation must be received within time (see question 3 or 11, as appropriate), be made correctly (see question 4 or 12) and must include all the information and documents (see question 5 or 13) when it is re-lodged. Even if a fee (correct or not) was lodged with the invalid appeal or observation, the full fee must always accompany the new appeal or observation.

Where the time limit has not expired for re-lodging a fresh appeal or observation, the Board does not guarantee that it will notify appellants or “observers” in sufficient time that would allow a fresh appeal or observation to be made within the statutory time limit.

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