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Appealing a planning permission decision

Information

A person applying for planning permission and any person who made written submissions/observations to the planning authority on a planning application can appeal a planning decision made by a local authority to An Bord Pleanála.

For example, you can:

  • appeal against a refusal to grant you planning permission or conditions attached to your permission or
  • appeal against a decision to give someone else planning permission (this is called a third party appeal). In this case you must have made a written submission/observation to the planning authority on the relevant application*.

*There are two exceptions to the requirement to have made prior submissions or observations:

  1. If a prescribed body was not notified in accordance with law, they may appeal without having made a submission/ observation on the planning application.
  2. A person who has an interest in adjoining lands where permission has been granted can apply to the Board for leave to appeal the decision without having made a submission/observation.

If an appeal has already been made by either the applicant and/or a valid third party, any other person can become an "observer" and make submissions or observations.

A valid appellant may request an oral hearing on payment of an additional fee. An Bord Pleanála will normally only grant an oral hearing if the case is particularly complex or significant national or local issues are involved.

An Bord Pleanála aims to make a decision within 18 weeks. If this is not possible, it will inform all the parties of this.

In general, An Bord Pleanála will either:

  • grant planning permission
  • grant planning permission with conditions, or
  • refuse planning permission.

An Bord Pleanála's decision is final and can only be challenged by judicial review in the High Court. This process will judge whether the Board followed due process in reaching its decision and will not include an examination of the planning merits.

Files on appeals received by the Board can be inspected by members of the public after the appeals have been determined by the Board. These files can be inspected, free of charge, at the Board's offices for a period of at least 5 years after the appeal decision.

Rules

You must make the appeal to An Bord Pleanála within 4 weeks of the decision by the local authority.

Your appeal must include the following:

  • Your own name and address.
  • Details of the proposed development, the name of the local authority, the planning register number and (if you are a third party) the applicant's name and address.
  • The full grounds of the appeal with supporting material and arguments. No further submissions or elaborations on these grounds of appeal can be accepted by the Board. The grounds of the appeal must relate to planning issues only. The Board cannot take other issues into consideration.
  • The correct fee.
  • If you are a third party appellant, an acknowledgement from the planning authority that you made a submission or observations on the application to it.

If you do not submit all the documentation, the appeal will be considered invalid and cannot be considered by An Bord Pleanála.

Rates

You will be charged a fee if you wish to make an appeal to An Bord Pleanála.

The following fees apply to appeals (under the 2000 Planning Act) received before 10 December 2007:

Appealing a decision of a planning authority relating to a commercial development by the applicant where application relates to unauthorised development. 1,900 euro
Appealing a decision of a planning authority relating to a commercial development made by the applicant other than an unauthorised development 630 euro
Appealing a decision of a planning authority relating to an unauthorised development made by the applicant 630 euro
All other planning appeals 210 euro
Submissions or observations 50 euro
Request for an oral hearing

95 euro

From 10 December 2007, the following fees apply to appeals (under the Planning and Development Acts 2000 to 2006): Fee
Appealing a decision of a planning authority relating to a commercial development by the applicant where application relates to unauthorised development €4,500 or €9,000 if an Environmental Impact Statement is involved
Appealing a decision of a planning authority relating to a commercial development made by the applicant other than an unauthorised development €1,500 or €3,000 if an Environmental Impact Statement is involved
Appealing a decision of a planning authority relating to an unauthorised development made by the applicant €660
All other planning appeals (including third party appeals) €220
Submissions or observations €50
Request for an oral hearing €50

How to apply

The appeal must be made in writing to An Bord Pleanála

Where To Apply

The Secretary

The Secretary

An Bord Pleanála
64 Marlborough Street
Dublin 1
Ireland

Tel:+353 (0)1 8588100
Locall:1890 275175
Fax:+353 (0)1 8722684
Homepage: http://www.pleanala.ie/
Email: bord@pleanala.ie


Page updated: 2 November 2010

Language

Gaeilge

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Contact Us

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