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-
· 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 and any other person or body who made submissions or observations in relation to the application.
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?
There is no appeal to the Board where a planning authority is granted authorisation by the Courts to refuse permission on the basis of past failures of a developer or a related person to comply with a previous permission.
There is no appeal to the Board against a decision to grant permission consequent on the grant of an outline permission in respect of any aspect of the decision which was decided in the outline permission.
Generally, there is no appeal to the Board in relation to conditions against financial contributions imposed under Development or Supplementary Development Contribution Schemes.
However, appeals are permitted against special contribution conditions imposed by a planning authority and appeals are also permitted where a developer considers that the terms of a Development or Supplementary Development Contribution Scheme were not properly applied. In such cases, where there is no other appeal against the decision of the planning authority, the planning authority may make the grant of permission notwithstanding the appeal to the Board provided that the person taking the appeal furnishes to the planning authority security for payment of the full amount of the contribution or special contribution, as appropriate.
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: -
Sending them by post to: The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1.
Or, delivering them to the Board’s offices. (Office hours are 9.15 to 5.30 on Monday to Friday except on public holidays and other days on which the offices are closed).
13. What must I include with my submissions or observations?
Your own name and address - which must be clearly stated. Where an agent makes the submissions or observations on your behalf, he/she must state clearly his/her own name and address and your name and address.
The subject matter of the submissions or observations – you must give sufficient details to enable the Board to readily identify the application/appeal e.g. a copy of the planning authority decision or the appeal reference number.
The full grounds of the submissions or observations and supporting material and arguments. The Board cannot take into consideration any further submissions, observations or other information submitted after the initial submissions or observations are submitted (except information specifically requested by the Board) and it cannot consider non-planning issues.
The correct fee (except in the case of certain bodies specified by the Board). Details of fees are available from the Board or your local planning authority.
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.