The planning process includes a comprehensive appeals system, whereby the decision made by the Planning Authority can be appealed to An Bord Pleanála.
Appealing a Planning Application
Categories of people who can appeal a planning process:
- The Applicant who applied for planning permission – the 1st Party.
- Any person, body or group who has made submissions or observations during the application process, in accordance with regulations – a 3rd Party.
There are three exceptions to this:
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 appeal the decision of the Planning Authority without having previously made submissions or observations during the application process.
Where an Environmental Impact Statement (EIS) was required to be submitted with the application, a body whose aims or objectives relate to the promotion of environmental protection and which meets certain other requirements may appeal the decision of the Planning Authority without having made submissions or observations during the application process.
A person with an interest in land (e.g. a landowner/occupier) adjoining the application site may apply to An Bord Pleanála for permission to appeal the decision of the Planning Authority without having made submissions or observations to the Planning Authority.
Making an Appeal
Appeals must be received by An Bord Pleanála within four weeks, beginning on the date of the decision by the Planning Authority. Please note that this is not the date on which the decision was sent or received. For example, if a planning authority’s decision is made on the Wednesday, the 2nd of a month, the last day for receipt of the appeal is Tuesday 29th of the same month.
Where permission to appeal is granted, the appeal must be received by An Bord Pleanála within two weeks of the notification of the grant of leave to appeal. An Bord Pleanála is under no obligation to accept late appeals, whether they are sent by post or otherwise. Irrespective of when an appeal or other material is posted, an appeal or submission will be deemed invalid if received by An Bord Pleanála outside of the permitted submission period.
An appeal should be submitted in writing and forwarded by post to:
The Secretary,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1.
The following information must be included in the 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, supporting material and arguments for/against. 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. The cost for all 3rd party appeals (i.e. if you are objecting against another person’s proposal) is €220, and €50 to submit an observation. However, costs for 1st party appeals vary according to a number of factors. For further information on the cost of appeals please check 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. All appeals submitted to An Bord Pleanála should be fully complete. Incomplete appeals cannot be completed at a later date, even within the submission time limit. An appeal which does not meet all legal requirements will be deemed invalid, and cannot be considered by An Bord Pleanála.
Examination of Planning Authority’s Files
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 and can be viewed by any member of the public.
Within three working days of its decision, the planning authority also makes the following information available at its offices:
- The complete application and any information supplied by the applicant.
- All reports prepared by the planning authority relating to the application.
- The decision and notification of this decision to the applicant, and any other person or body who made submissions or observations in relation to the application.
The planning authority file remains available for public inspection for a period of not less than seven years after the decision has been made. Copies of documents can be purchased from the planning authority at a reasonable cost.
