Planning Enforcement FAQs

The penalties for breaches of the planning law depend on the nature of the offence, but may result in a fine and/or a prison sentence.

Each appeal must be made in writing and sent by post to the following address:

The Secretary,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1.

Appeals can also be delivered by hand to an employee of An Bord Pleanála at its offices, during office hours, which are 9:15am to 5:30pm on Monday to Friday, except on public holidays and certain other days on which the offices are closed. The appeal must be fully complete. You are not allowed to submit any part of it later on, even within the time limit.

You must include the following information in your appeal:

• Your own name and address. If an agent is making the appeal on your behalf, the agent's name and address must be provided, in addition to your own
• The subject matter of the appeal. You must give An Bord Pleanála sufficient detail to enable it to readily identify the planning application to which the appeal relates. Examples of such details include a copy of the Planning Authority decision, details of the nature and site of the proposed development, the name of the Planning Authority and the planning register reference number of the planning decision
• The grounds of the appeal and supporting material and arguments. An Bord Pleanála cannot take into consideration any grounds of appeal or information submitted after the appeal, except material it has specifically requested. It cannot consider non-planning issues, so grounds of appeal should not include such issues
• The correct fee. Details of fees are available from An Bord Pleanála’s website.
• In the case of a third-party appeal, the acknowledgement given by the Planning Authority that it received the submission or observation made by the person

If your appeal does not meet all the legal requirements, it will be invalid, and cannot be considered by An Bord Pleanála.

However, you may re-lodge your appeal or observation if you comply fully with all the requirements at the time you re-lodge. The requirements are that the appeal or observation must be received within the allocated time period, be made correctly, and must include all the information and documents 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.

Yes. The planning application and any submissions or observations received in relation to it are made available for public inspection at the Planning Authority's offices soon after they are received. The Planning Authority also makes the following information available:

• The complete application and any 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

Yes. Copies of documents can be purchased from the Planning Authority at a reasonable price.

Alternatively, planning applications may be viewed online here. In this regard please note that for all previous County Council applications; electronic versions of all applications received from 1st January 2004 will be available to view, whilst for previous City Council & Dungarvan Town Council, applications electronic versions are available from the 1st January 2006 onwards.

Yes, in certain circumstances this is possible. Where an appeal has already been made, you 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 An Bord Pleanála, or the last appeal, where more than one is made. Where an Environmental Impact Statement has been submitted, the time limit is within four weeks of the date the Board publishes notice of its receipt. Where An Bord Pleanála has requested the applicant to publish a further site or newspaper notice, the limit is four weeks from the date of the publication of the notice.

Should the appeal, or appeals, be withdrawn, the decision of the Planning Authority stands and your submission lapses.

An observer's submissions or views must be submitted in writing. They can be sent by post to the following address: The Secretary,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1.

Your submissions or observations must be accompanied by the following:

• Your own name and address. If an agent is making submissions or observations on your behalf, the agent's name and address must be provided, in addition to your own.
• The subject matter of the submissions or observations. You must give sufficient details to enable An Bord Pleanála to readily to identify the application or appeal. Examples are a copy of the Planning Authority decision or the appeal reference number.
• The full grounds of the submissions or observations, and supporting material or arguments. An Bord Pleanála cannot take into consideration any further submissions, observations or other information once the original submission has been made, except information specifically requested by An Bord Pleanála. It cannot consider non-planning issues.
• The correct fee. Details of fees are available from An Bord Pleanála’s website.

Any party to the appeal may request an oral hearing, provided the correct, non-refundable fee is paid, in addition to the appeal fee. If you are making the appeal, you must request the hearing within the period for lodging the appeal. If you are a party to an appeal, but not the person making it, and you are sent a copy of the appeal, you must request the hearing within four weeks of the date the copy is sent to you.

If you request an oral hearing, you must state your grounds of appeal in full, and comply with the other legal requirements when lodging your appeal. An Bord Pleanála has absolute discretion to hold an oral hearing, with or without a request from a party. It generally holds such hearings only where they will aid its understanding of particularly complex cases, or where it considers that significant national or local issues are involved.

An Bord Pleanála sends a copy of the appeal to the Planning Authority, and in the case of a third-party appeal, to the developer. These bodies have four weeks to submit their views. An Bord Pleanála cannot consider views that are too late. Parties are not permitted to elaborate on their views once they have been submitted.

Where An Bord Pleanála considers it appropriate in the interests of justice, it can ask any party, observer, person or body to make submissions or observations on any matter that has arisen in the appeal. This allows An Bord Pleanála to seek comment on any significant new matter arising in the appeal.

An Bord Pleanála has powers to require any party or observer to submit any document or any information it considers necessary. It specifies a time limit, which is a minimum of two weeks, for submission of the invited material. This limit is strictly enforced.

Yes. Generally, An Bord Pleanála is required to consider the proposed development afresh. Accordingly, all the relevant planning issues relating to the application, whether or not they were raised by the Planning Authority, the parties or observers, are considered by An Bord Pleanála in its determination of the case. Parties and observers are given an opportunity to comment on any new issues that arise.

Yes. While obliged to have regard to the provisions of a local development plan, An Bord Pleanála may contravene its provisions in certain circumstances.

In circumstances where the Planning Authority decides to refuse permission on the grounds that the proposed development materially contravenes the development plan, the Board may grant permission on appeal, but only if it considers that one or more of the following is the case:

• The proposed development is of strategic or national importance.
• There are conflicting objectives in the development plan, or the objectives are not clearly stated, insofar as the proposed development is concerned.
• Permission should be granted, having regard to regional planning guidelines for the area; ministerial guidelines; ministerial policy directives; the statutory obligations of any local authority in the area; and any relevant policy of the government, the minister or any minister of the government.
• Permission should be granted, having regard to the pattern of development and permissions granted in the area since the making of the development plan.

Please note that even where the proposed development is in accordance with the local development plan, An Bord Pleanála can refuse permission for other reasons.

The objective of An Bord Pleanála is to process appeals within 18 weeks. However, where An Bord Pleanála does not consider it possible or appropriate to reach a decision within that time - for example, because of delays arising from the holding of an oral hearing - it informs the parties of the reasons for this. In such cases, they are obliged to say when they intend to make the decision.

Yes. The decision's validity may be challenged only by way of judicial review in the High Court, within eight weeks. The Court will not re-open the planning merits of the case, but will consider only legal and procedural issues.

Yes. An Bord Pleanála has discretion to dismiss an appeal, where it is satisfied that the appeal is vexatious; frivolous; without substance or foundation; or made with the sole intention of delaying development or of securing the payment of money, gifts, considerations or other inducement by any persons.

An Bord Pleanála can declare a planning application or appeal withdrawn where it is satisfied it has been abandoned. It may also direct the holding of an oral hearing, to determine whether an appeal is made with the sole intention of delaying development or of securing the payment of money, gifts, considerations or other inducement by any person.

Yes. An appeal can be withdrawn by an appellant, and the planning application can be withdrawn by the applicant at any time prior to the determination of the case by An Bord Pleanála. Where an appeal is withdrawn, the original decision of the Planning Authority takes effect. Where the planning application is withdrawn by the applicant, no permission can be granted by the Planning Authority in relation to the application.

In order for An Bord Pleanála to determine appeals within 18 weeks, all the time limits are very strict, and there is no discretion to extend the dates. This applies to the lodging of appeals, the submission of comments by parties, the making of submissions and observations to An Bord Pleanála by others and, where invited by the Board, to additional submissions.

When the last date for the receipt of an appeal or other material falls on a weekend, public holiday or other day when An Bord Pleanála’s offices are closed, the deadline for receipt is the next day on which the offices are reopened.

The period from 24 December to 1 January inclusive is excluded for the purposes of the calculation of all periods of time in relation to planning appeals. If the last day of the four-week period for making an appeal falls in the period from 24 December to 1 January inclusive, the last day for making your appeal is extended. For example, if the last day of the four-week period falls on 24 December, the last day for making an appeal is 2 January; and if the last day for the four-week period falls on 29 December, the last day for making an appeal is 7 January.

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

Files on appeals can be inspected by members of the public after the appeals are determined by An Bord Pleanála. They can be inspected free of charge at An Bord Pleanála’s offices on weekdays between 10am and 12:30pm and 2:30pm and 4:30pm, except on public holidays and other days when the offices are closed.

Copies of any documents on these files can be purchased at An Bord Pleanála’s offices during these hours for the reasonable cost of copying documents. Further details concerning the inspection and purchase of document are available from An Bord Pleanála's website.

If you are an adjoining landowner who did not make a submission or observation to the Planning Authority in relation to the application, you may apply to An Bord Pleanála for leave to appeal within four weeks of a Planning Authority's decision to grant permission. An Bord Pleanála may grant leave to appeal where the you show that:

• The decision of the Planning Authority to grant permission differs materially from the application, because of the conditions attached to the permission.
• The conditions will materially affect your enjoyment of the land or reduce the value of the land.

If you are seeking leave to appeal, you must state your name and address, the grounds on which you are basing the leave to appeal and a description of your interest in the land. When a fee is set by An Bord Pleanála, you must pay the appropriate fee. The planning appeal must be received by An Bord Pleanála within two weeks of your receipt of notification of the leave to appeal.