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 Making
a Planning Appeal
The planning system includes a comprehensive appeals process.
Under this, all planning decisions made by planning authorities may
be subjected to independent review by An Bord Pleanála. This
gives details of the main features of the appeal process.
It is intended as a practical guide. It is not a definitive
legal interpretation of planning law. For more information you
may consult An Bord Pleanála or Sligo Borough Council.
1. Who may appeal?
- An applicant for permission, and
- any person, body or interested group etc. who made
submissions or observations in writing to the planning authority
in relation to the planning application in accordance with
permission regulations. There are two exceptions to this:
(a) where a prescribed body was entitled to be notified of a
planning application by the planning authority and was not
notified, the body may lodge an appeal against the decision
of the planning authority without having made submissions
or observations on the planning application.
(b) a person who has an interest in adjoining lands in respect
of which a decision to grant permission has been made,
may apply to the Board for leave to appeal the decision of
the planning authority (see Question 25).
2. Is there a time limit on appeals?
Except where a person is granted leave to appeal by the Board
(see Questions 1 (b) and 25), appeals must be received by the
Board within 4 weeks beginning on the date of the making of the
decision by the planning authority (N.B. not the date on which
the decision is sent or received). For example, if the decision of a
planning authority is made on Wednesday 2nd of a month, the
last day for receipt of the appeal is Tuesday 29th of the same
month.
Where a person is given leave to appeal, the appeal must be
received by the Board within two weeks of him/her receiving
notification of that fact.
These are strict statutory time limits. The Board has no
discretion to accept late appeals, whether they are sent by post
or otherwise. It is your responsibility to ensure that the appeal
or other material is delivered or posted in time for delivery
within the appropriate period. An appeal or other material
posted within the permitted period but received outside it will be
invalid. Further explanation of the time limits is given at
Questions 22, 23 and 24.
3. How may I appeal?
Every appeal must be made in writing and must be:
- sent by post to
The Secretary,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1;
or
- delivered by hand to an employee of the Board at the Board’s
offices during office hours (9.15a.m. to 5.30p.m. on Monday -
Friday, except on public holidays and other days on which the
offices are closed).
The appeal must be fully complete from the start - you are not
permitted to submit any part of it later on, even within the time
limit.
4. What must I include with my appeal?
- Your own name and address. Where an agent makes the
appeal on your behalf, he/she must give his/her own name and
address and your name and address.
- The subject matter of the appeal - you must give sufficient
details to enable the Board to readily identify the application
which is the subject of the appeal (e.g. a copy of the planning
authority decision, or details of the nature and site of the
proposed development, or the name of the planning authority
and the planning register reference number shown of the
decision you are appealing).
- The grounds of appeal and supporting material and arguments.
The Board cannot take into consideration any grounds of
appeal or information submitted after the appeal (except
information specifically requested by the Board) and it cannot
consider non-planning issues. Grounds of appeal should not,
therefore, include such issues (see also Question 20).
- The correct fee. Details of fees are available from the Board or
your local planning authority.
- 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.
5. What if my appeal is incomplete?
If the appeal does not meet all the legal requirements (see the
preceding paragraph for guidance), it will be invalid and cannot be
considered by the Board.
6. Can I see the planning authority file before
appealing?
Yes. The planning authority will make available for public
inspection the planning application and any submissions or
observations received in relation to the application at its offices
as soon as may be after they are received.
Within 3 working days of its decision, the planning authority will
also make available for public inspection at its offices -
- the complete application and any additional 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 submission or observations
in relation to the application..
The planning authority file will remain open for public inspection
for a period of not less than 7 years after the application is
decided.
7. Can I get copies of documents relating to a
planning application?
Yes. Copies of the documents referred to at 6 above may be
purchased from the planning authority at a reasonable cost.
8. Can I make my views known to the Board
without appealing?
Yes. Where an appeal has already been made, another person
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 4 weeks from the receipt of the
appeal by the Board (or the last appeal where more than one is
made) or, in the case where an Environmental Impact Statement
has been submitted, within 4 weeks of the date the Board
publishes notice of its receipt, or where the Board has requested
the applicant to publish a further site or newspaper notice, 4
weeks from the date of the publication of the notice. Should the
appeal (or all the appeals where there is more than one) be
withdrawn by the person who made it, the decision of the
planning authority will stand and your submission will lapse.
9. How may I make my views known to the Board?
An “observer” must submit his/her submissions or observations
in writing and they must be:
- sent by post to:
The Secretary,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1;
or
- delivered by hand to an employee of the Board at the
Board’s offices during office hours (9.15a.m. to 5.30p.m. on
Monday to Friday except on public holidays and other days on
which the offices are closed.)
10. What must I include with my submissions or
observations?
Your submissions or observations must be accompanied by:
- your own name and address. Where an agent makes the
submissions or observations on your behalf, he/she must
include his/her own name and address and your name and
address,
- the subject matter of the submissions or observations – you
must give sufficient details to enable the Board to readily
identify the application/appeal e.g. a copy of the planning
authority decision or the appeal reference number,
- the full grounds of the submissions or observations and
supporting material and arguments. The Board cannot take
into consideration any further submissions, observations or
other information submitted after the initial submissions or
observations are submitted (except information specifically
requested by the Board) and it cannot consider non-planning
issues,
- the correct fee (except in the case of certain prescribed
bodies). Details of fees are available from the Board or your
local planning authority.
11. Can I ask for an oral hearing?
Any party to the appeal may request an oral hearing provided
the correct non-refundable fee is paid in addition to the appeal
fee. The person making the appeal must make the request within
the period for lodging the appeal but, where a party to an appeal
other than the person making the appeal is sent a copy of an
appeal, he/she may make the request within 4 weeks from the
date the copy is sent to him/her.
If you request an oral hearing, you still must state your grounds
of appeal in full and comply with the other legal requirements
when lodging your appeal.
The Board has absolute discretion to hold an oral hearing with
or without a request from a party and will generally only hold
one where this will aid its understanding of a particularly
complex case or where it considers that significant national or
local issues are involved.
12. What happens next?
The Board sends a copy of the appeal to the planning authority
and, in the case of a third party appeal, to the developer. These
have 4 weeks to submit their views. The Board cannot consider
any views that are late and no party is allowed elaborate on
his/her views in writing once they have been submitted to the
Board.
13. How does the Board ensure fair play for all?
Where the Board considers it appropriate in the interests of
justice, it can ask any party, observer or any other person or
body to make submissions or observations on any matter that
has arisen in the appeal. This will allow the Board, for instance,
to seek comment on any significant new matter arising in the
appeal. The Board also has powers to require any party or
observer to submit any document, information etc. which it
considers necessary. The Board will specify a time limit
(minimum 2 weeks) for submission of the invited material and
this limit will be strictly enforced.
14. Can the Board do more than review the decision
of the planning authority?
Yes. Generally, the Board is required to consider the proposed
development afresh. Accordingly, all the relevant planning
issues relating to the application are considered by the Board in
its determination of the case whether or not they were raised
by the planning authority, the parties or observers. As stated at
13 above, if a new issue arises the parties and observers will be
given an opportunity to comment on these.
15. Can the Board contravene the provisions of the
local Development Plan?
Yes. The Board, while obliged to have regard to the provisions
of a local development plan, 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 -
- the proposed development is of strategic or national
importance, or
- there are conflicting objectives in the Development Plan or
the objectives are not clearly stated, insofar as the proposed
development is concerned, or
- 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, or
- permission should be granted having regard to the pattern
of development and permissions granted in the area since
the making of the Development Plan.
- The Board can, of course, refuse permission for other
reasons even where the proposed development would be in
accordance with the provisions of the local Development
Plan.
16. What is the time limit for deciding appeals?
The Board's objective is to dispose of appeals within 18 weeks.
However, where the Board does not consider it possible or
appropriate to reach a decision within 18 weeks (e.g. because of
delays arising from the holding of an oral hearing), it will inform
the parties of the reasons for this and must say when it intends
to make the decision.
17. Will I be informed of the Board’s decision?
Yes. Generally, a decision will be made either:
- 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 is posted on the Board’s website
at www.pleanala.ie. The reasons and considerations for the
Board’s decision will be included in the decision order.
18. 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 but will only consider the
procedural and legal issues.
19. 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 declare a planning application or appeal
withdrawn where it is satisfied it has been abandoned. The
Board 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.
20. Can I withdraw my appeal?
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 the Board.
Where an appeal is withdrawn (or all the appeals where there is
more than one), 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.
21. How strict are the time limits?
So that the Board can determine appeals generally within 18
weeks, all the time limits are very strict and the Board has no
discretion to extend the dates. This applies to the lodging of
appeals, submission of comments by parties, the making of
submissions and observations to the Board by others, and
where invited by the Board, to additional submissions.
22. What if the offices of the Board are closed on
the last day allowed?
When the last date for receipt of an appeal or other material
falls on a weekend, public holiday or other day when the offices
of the Board are closed, the latest date for receipt will be the
next day on which the offices of the Board are open.
23. What if the last day falls over the Christmas
or New Year period?
The period from 24th December to 1st January inclusive (i.e. 9
days) is excluded for the purposes of calculation of all periods of
time in relation to planning appeals. Therefore, if the last day of
the 4 week period for making an appeal falls in the period from
24th December to 1st January (both dates inclusive), the last
day for making an appeal is extended. So, for example, if the
last day of the 4 week period falls on 24th December, the last
day for making an appeal is 2nd January, and if the last day of the
4 week period falls on 29th December, the last day for making
an appeal is 7th January.
The exclusion of the Christmas/New Year period also applies to
any other matter in relation to an appeal where a time period is
specified. So, if the last day of the 18 week statutory objective
period within which the Board should decide an appeal falls
within the Christmas/New Year period, the period is extended
by the appropriate number of days.
24. 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 10a.m. - 12.30p.m. and 2.30p.m. - 4.30p.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 for the reasonable cost of
copying documents. Further details concerning inspection and
purchase of documents etc., are available from the Board and on
its website, www.pleanala.ie.
25. Can I appeal a decision of a planning authority
if I have not made a submission/observation to
the planning authority? (See also answers to
questions 1 and 2)
An adjoining landowner who did not make a submission or
observation to the planning authority in relation to the
application may apply to the Board for leave to appeal within 4
weeks of a decision of a planning authority to grant permission.
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 attached to the permission and the conditions
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 2 weeks of him/her
receiving notification of that fact.
26. Can I get further information?
Further information can be obtained from An Bord Pleanála at
the address given in paragraph 3 above, phone (01) 8588100, or
from your local planning authority.
The law governing the planning system is set out in the Planning
and Development Acts 2000 and 2001 and the Planning and
Development Regulations 2001 to 2002. These may be
purchased from the Government Publications Sales Office, Sun
Alliance House, Molesworth Street, Dublin, 2, Telephone (01)
647 6995/4.
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Planning Section
Sligo Borough Council,
City Hall,
Quay St.,
Sligo.
Phone No (071) 9114505
Fax No (071) 9114499
Hours: 9.30am - 4.30pm
Monday-Friday
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