Making a Planning Appeal

Making a Planning Appeal under the Planning and Development Act, 2000

The Planning and Development Act 2000 introduced revised procedures for making an appeal to An Bord Pleanála (the Board) against decisions of planning authorities on applications for planning permissions.

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.

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 a 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 wevsite and should be available from your local planning authority.

2. Who may appeal?

• An applicant for planning permission (first party), and

• any 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 possible exceptions to this: 1. 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. 2. A person who has 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.

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 5.30p.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 later on, even within the time limit.

5. What must I include with my appeal?

• Your own name and address. Where an agent makes the appeal, he/she must give 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 nature and the site of the proposed development, or the name of the planning authority and the planning register reference number shown 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.

• 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.

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 paragraph for guidance), it will be invalid and cannot be considered by the Board.

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 frant 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", 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 may be purchased from the planning authority at reasonable cost.