What can I appeal?
This document will help you to identify what you can appeal to An Bord Pleanála and the situations when you cannot make an appeal. We have tried to make this guide as accurate and helpful as possible, however, it is not legal advice.
What you can appeal
Generally, after a planning authority makes a decision on an application, any participant in the application can make an appeal. Applicants can appeal all or part of the decision of the planning authority, and other participants can appeal the decision as long as they have an acknowledgement of their participation when the application was at the planning authority. There are some situations where you cannot make an appeal and these are listed below.
If you did not make submissions or observations on the application at the planning authority stage, it may still be possible to appeal the planning authority's decision if you are:
- An organisation listed in the Planning and Development Regulations that was not notified of a planning application by the planning authority as required by law, or
- An environmental protection group. However, you can only appeal if an environmental impact assessment report (EIAR, formerly EIS) was needed to be submitted with the application to the planning authority and was not submitted, or
- An owner, occupier or somebody who has an interest in land which borders the site of a planning application. In this situation you can apply to An Bord Pleanála for permission to make an appeal in a process called 'leave to appeal'. In your leave to appeal application, the Board decides if there are extenuating circumstances as to why you did not make a submission or observation to the planning authority and may grant or refuse you permission to make an appeal. Information on making a leave to appeal application is available from An Bord Pleanála.
Options other than an appeal to An Bord Pleanála
If you did not participate at planning authority level and you do not qualify to make an appeal under the situations above, you can make your views known to the Board as an observer in an observation. However, you can only make an observation if someone has made a valid appeal.
Other Appeals under the Planning and Development Acts
It is also possible to appeal other matters such as:
- the making, amending, altering or revoking of a planning scheme in a strategic development zone.
- a licensing decision for an appliance, apparatus, structure, cable or other matter on a public road.
Further information on other types of appeals is available in our Functions of the Board document.
What you cannot appeal
There are certain planning authority decisions which cannot be appealed. These are where the planning authority:
- decided the application is invalid.
- decided to grant permission after outline permission had been granted.
- refused permission because of past failures of a developer or a related person to comply with a previous permission and the High Court does not annul that decision.
- decided to grant or refuse permission to a proposed development located in a strategic development zone.
- refused to deal with a second planning application. If an application is being appealed to An Bord Pleanála, it is not permitted for a second application for the same development or a development of the same description to be made to the planning authority. If a dispute occurs as to whether or not an application is for the same development or a development of the same description, the matter can be referred to An Bord Pleanála.
- granted permission and attached conditions that require you to pay financial contributions under development contribution schemes or supplementary development contribution schemes. However, you may make an appeal if:
- You believe that the planning authority has not applied properly the terms of a development contribution scheme or supplementary development contribution scheme, or
- The planning authority imposes a special contribution condition.
Appeals against the application of development contribution schemes or supplementary development contribution schemes
If there is an appeal only against a special contribution condition or the planning authority applying a contribution scheme, the inspector and Board will only consider this financial part of the application and will not re-open the planning merits of the case. While the Board considers this appeal, the planning authority can make the final grant of permission. However, the appellant must provide the planning authority security for payment of the full amount of the contribution or special contribution, as appropriate.
The laws and regulations referred to in this document are:
If you require this document in an alternative format or you would like further information, please contact An Bord Pleanála.
This edition: June 2019
Last modified: 02/07/2019