What cannot be appealed to An Bord Pleanala?

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 condition 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 of special contribution, as appropriate.

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, within four weeks of when 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 from the date of the publication of the notice. Should the appeal (or all the appeals where there is more than one) be withdrawn by the person who made it, the decision of the planning authority will stand and your submission will lapse.

How may I make my views known to the Board?

An ?observer? must submit his/her submissions or observations in writing and they 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.)

What must I include with my submissions or observations?

Your submissions or observations must be accompanied by: -

• Your own name and address. Where an agent makes the submissions or observations on your behalf, he/she must include 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, the nature of the appeal and 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 prescribed bodies). Details of fees are available from the Board or your local planning authority.

What if the offices of the Board are closed on the last day allowed?

When the last date for receipt of an appeal or other material falls on a weekend, public holiday or other day when the offices of the Board are closed, the latest date for receipt will be the next day on which the offices of the Board are open.

What if the last day falls over the Christmas or New Year?

The period from 24th December to 1st January inclusive (i.e. 9 days) is excluded for the purposes of calculation of all periods of time in relation to planning appeals. Therefore, if the last day of the four-week period for making an appeal falls in the period from 24th December to 1st January (both dates inclusive), the appeal period is extended. So, for example, if the last day of the four-week period falls on 24th December, the last day for making an appeal is 2nd January, and if the last day of the four-week period falls on 29th December, the last day for making an appeal is 7th January.

The exclusion of the Christmas/New Year period also applies to any other matter in relation to an appeal where a time period is specified. So, if the last day of the 18-week statutory objective period within which the Board should decide an appeal falls within the Christmas/New Year period, the period is extended by an appropriate number of days.

How strict are the time limits?

All the time limits are very strict and the Board has 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.

What is the 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, it will inform the parties of the reasons for this and must say when it intends to make the decision.