Appeal Process

Who can make an Appeal?

The planning process includes a comprehensive appeals system whereby the decision made by the Planning Authority can be appealed to An Bord Pleanála. 
Two categories of people can appeal a planning process. These are:

  • The Applicant who applied for planning permission - 1st Party.
  • Any person, body or interested group who made submissions or observations during the application process, in accordance with planning regulations - 3rd Party.  

There are three exceptions to this:
(1) 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 made submissions or observations on the planning application,
(2) Where an Environmental Impact Statement (EIS) was required to be submitted with the application to the Planning Authority, 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 on the planning application.
(3) A person with an interest in land (e.g. a landowner/occupier) adjoining the application site may apply to the Board for leave 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 the Board within 4 weeks beginning on the date of the decision by the Planning Authority.  Every appeal must be made in writing and must be sent by post to: The Secretary, An Bord Pleanála, 64 Marlborough St., 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 the Board 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. The Board 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.
  • 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.  

A valid Appellant may request an oral hearing on payment of an additional fee. Oral hearings are normally granted in particularly complex issues or where significant national or local issues are involved. The Board has absolute discretion to hold an oral hearing. An Bord Pleanála aims to make a decision within 18 weeks. In general, An Bord Pleanála will either: grant planning permission, grant planning permission with conditions, or refuse planning permission. 

The decision by An Bord Pleanála is final. It can only be challenged by judicial review in the High Court. The judicial review process is not an examination of the planning merits but rather evaluates whether the Board followed due process in reaching its decision.

Time Limits

It is the Appelant’s responsibility to submit their appeal within the four week time limit, beginning on the date of the decision by the Planning Authority.  As there are strict time limits, the Board has no discretion to accept late appeals, whether they are sent by post or otherwise.  

Cost of Appeal

The cost for all 3rd party appeals (i.e. if you are objecting against another persons 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 the An Bord Pleanála website.

Further Information

Further information is available from Limerick City Council, or from the An Bord Pleanála website. 

 

Last update:22/06/2011

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