Monday, 4 December 2006

Will I be informed of the Board's decision?

Yes. Generally, a decision will be made -

  • to grant permission/outline permission,
  • to grant permission/outline permission with conditions, or
  • to refuse permission/outline permission

and all parties and observers involved in the appeal will be notified. A copy of the Inspector?s Report, the Board?s Direction (e.g. whether to grant or refuse, what conditions, if any, should be attached to a permission, other instructions etc) and the Board?s decision order are posted on the Board?s website at The reasons and considerations for the Board?s decision will be included in the decision order.

Is the Board?s decision final?

Yes. Its validity may only be challenged by way of judicial review in the High Court within 8 weeks. The Court will not re-open the planning merits of the case and may only give leave to pursue the review process where it is satisfied that there are substantial grounds for contending that the Board's decision is invalid or ought to be quashed and that the person seeking the judicial review has a substantial interest in the matter.

Can the Board dismiss appeals?

Yes. The Board has discretion to dismiss an appeal where it is satisfied the appeal is vexatious, frivolous or without substance or foundation or where the appeal is made with the sole intention of delaying development or of securing the payment of money, gifts, considerations or other inducement by any persons. The Board can also declare an application, the subject of an appeal, or an appeal withdrawn where it is satisfied it has been abandoned.

Can I withdraw my appeal?

Yes. An appeal can be withdrawn by an appellant and the application, the subject of an appeal, can be withdrawn by the applicant at any time prior to the determination of the case. Where an appeal is withdrawn (or all the appeals where there is more than one), the original decision of the planning application takes effect. Where the application, the subject of the appeal, is withdrawn by the applicant no permission can be granted by the planning authority in relation to the application.

Can the Board?s documents be inspected and purchased?

Files on appeals can be inspected by members of the public after the appeals are determined by the Board. These files can be inspected free of charge at the Board's offices on weekdays between 10 a.m. - 12.30 p.m. and 2.30 p.m. - 4.30 p.m., except on public holidays and other days on which the offices are closed.

Copies of any documents on these files can be purchased at the Board's offices during these hours.

Can I apply to the Board for leave to appeal a decision of a planning authority?

An adjoining landowner who did not make submissions or observations to the planning authority in relation to the application may apply to the Board for leave to appeal within four weeks of the decision of the planning authority to grant permission on the planning application. The Board may grant leave to appeal where the adjoining landowner shows that the decision of the planning authority to grant permission differs materially from the application because of the conditions imposed and the conditions imposed will materially affect his/her enjoyment of the land or reduce the value of the land

Like a planning appeal, the person seeking leave to appeal must state his/her name and address, the grounds on which he/she is basing the leave to appeal (see above), a description of his/her interest in the land and, when a fee is set by the Board, the appropriate fee.

Where a person is granted leave to appeal, the planning appeal must be received by the Board within two weeks of him/her receiving notification of that fact.

Can I refer the planning authority?s refusal to deal with a second planning application to the Board?

Where a decision of a planning authority is on appeal to the Board, a second application for the same development or development of the same description may not be made to the planning authority. Where a dispute arises as to whether an application is for the same development or development of the same description, the matter may be referred to the Board in writing for a determination.

Will there be changes to fees?

Under the 2000 Planning Act, the Board is required to review the level of fees payable to it for making appeals, referrals, applications for leave to appeal, submissions or observations and oral hearing requests at least every 3 years. You should always check the latest position to ensure that you know the current applicable fee.

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