FUNCTIONS OF THE BOARD

Normal Planning Appeals

Appeals under section 37 of the 2000 Planning Act (and, before 11^th March 2002, section 26 of the 1963 Planning Act) usually referred to as normal planning appeals constitute the principal task of the Board and account for most of the decisions made by it. (Normal planning appeals accounted for 93% of cases in 2001). These appeals arise from decisions by planning authorities on applications for permission for the development of land (including applications for the retention of structures or the continuance of uses). Appeals fall into three categories, namely:

• First party appeals against decisions of planning authorities to refuse permission.
• First party appeals against conditions proposed to be attached to permissions by planning authorities.
• Third party appeals, which are normally against decisions of planning authorities to grant permission. (Must have made submissions/observations to planning authority in the first instance).

In some cases, there may be both first party and third party appeals against a decision of a planning authority.

In addition to the parties to an appeal, there may also be "observers", i.e. other persons who make submissions or observations to the Board in relation to an appeal.

Local Authority Projects under the 2000 Planning Act

On1^st January 2001, the Board became responsible for assessing and determining major local authority infrastructural developments within an authority’s own functional area (including motorways and road projects) and also local authority proposals for the compulsory acquisition of land.  Powers of compulsory acquisition by a local authority fall under:-

• Public Health Act, 1878;
• Local Government (Ireland) Act, 1898;
• Local Government Act, 1925;
• Water Supplies Act, 1942;
• Local Government (No 2) Act, 1960;
• Local Government (Sanitary Services) Act, 1964;
• Housing Act, 1966;
• Derelict Sites Act, 1990;
• Roads Acts, 1993 and 1998;
• Dublin Docklands Development Authority Act, 1997.

Local authority functions and powers in relation to road developments and schemes are provided for in the Roads Acts, 1993 and 1998.

(See also ‘Other Cases under the Planning Acts’ below.)

Other Appeals under the 2000 Planning Act

• section 44(6)     appeal against the revocation or modification of a planning permission.
• section 45(3)      appeal against the acquisition of land for open space.
• section 46(6)      appeal against the removal or alteration of a structure or the discontinuance of a use.
• section 88(5)      appeal against a notice requiring measures to be taken relating to a structure or other land in an area of Special Planning Control.
• section 169(6)   appeal against the making of a planning scheme in a strategic development zone (SDZ).
• section 171(2)   appeal against the revocation of a planning scheme in a strategic development zone (SDZ).
• section 182(4)   appeal by a local authority against the refusal of consent by an owner/occupier to lay cables, wires and pipelines on his/her property.
• section 207(5)   appeal against the creation of a public right of way.
• section 254(6)   appeal in relation to licensing of an appliance, apparatus, structure, cable or other matter on a public road.
• section 261(9)   appeal in relation to the imposition, restating, addition, or modification of conditions of certain quarries.

Referrals under the 2000 Planning Act

• section 5(3)(a)  referral of a declaration by a planning authority of a question as to what is or is not development or exempted development.
• section 5(3)(b)  referral where a planning authority fails to issue a declaration within 4 weeks of the due date of a question as to what is or is not development or exempted development.
• section 5(4)       referral by a planning authority of a question as to what is or is not development or exempted development.
• section 34(5)    referral of points of detail relating to a grant of permission in default of agreement between the planning authority and the developer
• section 37(5)    referral of a dispute as to whether an application for permission is for the same development/description as one on appeal.
• section 57(8)*   referral for review by the Board by a person to whom a declaration under subsection 57(3) or a declaration reviewed under subsection 57(7) has been issued by a planning authority relating to a protected or proposed protected structure.
• section 96(5)    referral of dispute relating to social and affordable housing which may be subject to an agreement
• section 193(2)  referral of a dispute or question as to whether a new structure replaces a demolished or destroyed structure.

* as amended by the 2002 Planning Act.

Other Cases under the 2000 Planning Act

• section 37(6)      application by an adjoining owner for leave to appeal a decision of a planning authority on a planning application.
• section 73 (3)    application by a planning authority for consent to acquire a protected structure.
• section 83 (3)    application by a planning authority for consent to acquire a structure or other land in an architectural conservation area.
• section 172(3)   request by an applicant/intending applicant for planning permission for exemption from a requirement to prepare an environmental impact statement (EIS) in relation to a planning application.
• section 173(3)   request by a person to scope an EIS where the person is required to submit an EIS to the Board.
• section 175(3)    approval of a development by or on behalf of a local authority requiring environmental impact assessment.
• section 175(8)   application by a local authority for exemption from a requirement to prepare an EIS.
• article 117#       request by a local authority to scope an EIS where the authority is required to submit an EIS to the Board in relation to proposed development by or on behalf of the authority.
• article120(3)#    application to determine whether sub-threshold development proposed to be carried out by a local authority would be likely to have significant effects on the environment (and would, therefore, require an EIS).
• section 203(2)   submission by a planning authority for confirmation of a special amenity order.
• section 214        application by a local authority for authorisation of compulsory acquisition of lands under various enactments (includes an application by a sanitary authority for a provisional order under the Water Supplies Act, 1942).
• section 215        application by  a roads authority for approval of a proposed road development/road scheme. (includes EIS scoping and sub-threshold directions as in articles 117 and 120(3) above).
• section 226(1)    application by a local authority for approval of proposed development wholly or partly on the foreshore which requires environmental impact development.

# Planning and Development Regulations 2001

Building Control Act, 1990

• section 7(1)(a)    appeal to the Board by an applicant who is dissatisfied with the decision of a building control authority relating to a dispensation from, or relaxation of, any requirement of building regulations.
• section 7(1)(b)   appeal to the Board by an applicant who is dissatisfied with the decision of a building control authority relating to an application for a fire safety certificate.

Water Pollution Acts, 1977 and 1990

• section 8            appeal by a person in relation to a grant, refusal, modification or revocation of a licence to discharge effluent to waters.
• section 20          appeal in relation to a licence to discharge effluent to a sewer by-
  • an occupier of the premises concerning the revocation or modification of, or attachment of conditions to, the licence, or
  • a person whose application for the licence is refused.

Air Pollution Act, 1987

• section 34          appeal by a person in relation to a grant or refusal of a licence under section 32 or a revised licence under section 33 of the Act to discharge emissions to the atmosphere.