An Bord Pleanála

Frequently Asked Questions

1. What Is The Last Day To Make An Appeal?

Appeals against a planning decision must generally be made within 4 weeks (28 days) beginning on the date of the decision of the planning authority. Use the calendar facility on the Board’s home page to find out the last appeal date. See exceptions to the 4 week rule.

2. Who May Appeal?

A person who applied for planning permission, (the applicant – 1st party) and any other person who made submission or observation in writing to the planning authority in relation to the planning application (third party). There are exceptions to the rules on who may appeal.

3. What is the fee To Make An Appeal?

The current fees for appeals and other matters are set out in the ‘Guide to Fees Payable’ section of the website under the heading Making an Appeal on the home page.

4. What If The Appeal Was Posted On Time?

The appeal must be received by the Board within 4 weeks(28 days) beginning on the date of the decision of the planning authority irrespective of when it was put in the post. See paragraph 3 of the How to make a Planning Appeal section of the website under the heading ‘Making an Appeal’ on the home page.

5. Can I E-Mail/Fax An Appeal And Send The Fee In The Post?

To lodge a valid appeal the fee must accompany the complete documentation and be on time. See the Planning Appeal Check List.

6. How does the appeals process work?

The majority of planning appeals are dealt with as follows. Once a valid appeal is lodged, the processing section of the Board sends a copy of the appeal/s to the planning authority, where it is available for inspection by the public and to any other parties to the appeal, gathers relevant files from the planning authority and includes other relevant observations or documents in the appeal file. In most cases the Board then appoints an Inspector, who will be a qualified planner, to consider the case. Usually the inspector will visit the site and take photographs. In particularly complex cases, or developments of significant national or local interest, an oral hearing may be held. Having considered the appeal, the inspector makes a written report to the Board. Board Members then convene to consider the entire file and make a decision, which is then communicated to the parties in the appeal and those who made submissions or observations on the appeal.

7. How Can I Find Out If Someone Has Appealed A Planning Decision?

Use the search facility to check if an appeal has been received for the planning decision you are interested in. New appeals received are added on an ongoing basis.

8. Can I Make My Views Known To the Board without Appealing?

Where an appeal has already been made, another person can become an “observer” and make a submission. See Section 12 of the ‘How to make A Planning Appeal’.

9. Can I Ask For An Oral Hearing?

Any party to the appeal (not an “observer”) may request an oral hearing provided the correct non-refundable fee is paid in addition to the appeal fee. See Section 16 of the ‘How to make A Planning Appeal’.

10. Can I Withdraw My Appeal?

Yes. An appeal can be withdrawn by an appellant at any time prior to the case being decided 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. Any submissions made by observers can no longer be considered as the appeal has been withdrawn. Fee will not be refunded. See Section 28 of the ‘How to make A Planning Appeal’.

11. What Is The Time Limit For Deciding Appeals?

The Board’s statutory objective is to decide or dispose of appeals within 18 weeks. However, where the Board does not consider it possible or appropriate to reach a decision within 18 weeks, it shall inform the parties and observers of the reason for this and shall state when it intends to make the decision.

12. Is the Board’s Decision Final?

The validity of a decision taken by the Board may only be questioned by making an application for judicial review under Order 84 of the Rules of the Superior Courts. It should be noted that any challenge taken must generally be made within 8 weeks of the relevant Board decision. It should be noted that any such application for judicial review does not involve the courts adjudicating on the merits of a proposed development from the perspectives of the proper planning and sustainable development of the area and/or effects on the environment.

Details relating to the judicial review process are set out in the “Judicial Review Notice” under the Heading “Publications” on the Home Page of this website.

13. Can I Seek Advice From The Board?

It is not the practice of the Board’s staff to discuss planning or procedural issues relating to an appeal which has been determined since the Board has no power to reopen these issues. While nominated staff may deal with general enquiries, in order to maintain impartiality, Board members or inspectors should not be contacted in relation to any matter and they are not available for consultation.

14. Who Enforces The Board’s Decision?

The Board has no powers of enforcement. Enforcement of planning decisions, whether made by the Board or a planning authority, and interpretation of conditions imposed in decisions are primarily the responsibility of your local planning authority.  In accordance with enforcement provisions in Part VIII of the 2000 Planning Act, a planning authority must follow up on genuine complaints made to it by members of the public regarding unauthorised development including non-compliance with planning decisions. Any person may apply to the High or Circuit Courts for an injunction in relation to unauthorised development in certain circumstances.

15. Can I Inspect Files Relating To An Appeal?

All files relating to a case can be inspected at the Boards' office within 3 working days after the case has been determined. The files may not be inspected while the case is being decided.

The Inspectors Report is published online on the Board’s website shortly after the case is determined. Other material relating to an appeal or other case (maps, photographs, letters, etc.) are not published online by the Board, but some of these may be available on the website of the relevant planning authority.

• See also: Public Access to Files (under the Planning and Development Act 2000 as amended) – A Guide to Procedures

16. May I Purchase Copies Of Documents on File?

Copies of any document on the files may be purchased. The inspector’s report, Board’s direction and Board’s order may be viewed and downloaded from the Board’s website at www.pleanala.ie at no charge. Other files are available for a small copying charge.

Guide to Rates Payable for Public Access

Copy Type

Cost per page

A4 black

€0.20

A4 Colour

€1.25

A3 Black

€0.40

A3 Colour

€1.75

A2 Black

€2.25

A2 Colour

€2.75

A0/A1 Black

€3.00

A0/A1 Colour

€3.50

CD

€6.00 per disc

Revised June, 2012

Last modified: 11/09/2012

FAQs
  1. What Is The Last Day To Make An Appeal?
  2. Who May Appeal?
  3. How Much Does It Cost To Make An Appeal?
  4. What If The Appeal Was Posted On Time?
  5. Can I E-Mail/Fax An Appeal And Send The Fee In The Post?
  6. How does the appeals process work?
  7. How Can I Find Out If Someone Has Appealed A Planning Decision?
  8. Can I Make My Views Known To the Board without Appealing?
  9. Can I Ask For An Oral Hearing?
  10. Can I Withdraw My Appeal?
  11. What Is The Time Limit For Deciding Appeals?
  12. Is the Board's Decision Final?
  13. Can I Seek Advice From The Board?
  14. Who Enforces The Boards Decision?
  15. Can I Inspect Files Relating To An Appeal?
  16. May I Purchase Copies Of Documents on File?