Frequently Asked Questions

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 to find out the last appeal date. See exceptions to the 4 week rule.

Who May Appeal?

A person who applied for planning permission, (the applicant – 1^st 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 two exceptions to the rules on who may appeal.

How Much Does It Cost To Make An Appeal?

The cost for all 3^rd party appeals (i.e. if you are objecting against another persons proposal) is €220, and €50 to submit an observation. However, costs for 1^st party appeals vary according to a number of factors. See the full list of fees payable for appeals and other matters.

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 Section 25 in the Appeal Guide.

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

No. To lodge a valid appeal the fee must accompany the complete documentation and be on time. See the Planning Appeal Form/Check List.

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 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 complex cases, or developments of national significance, an oral hearing might be held. Having considered the appeal, the inspector makes a written report to the Board. The Board Members then convene to consider the entire file and make a decision, which is then communicated to the parties in the appeal.

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 every day.

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 in the Appeal Guide.

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 15 in the Appeal Guide.

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 observers who have made submissions can no longer be considered as the appeal has been withdrawn. Fee will not be refunded. See Section 24 in the Appeal Guide.

What Is The Time Limit For Deciding Appeals?

The Board’s objective is to dispose of appeals within 18 weeks. Sometimes this is not possible and each party will be informed of the reasons why.

Is the Board’s Decision Final?

Yes. The validity of the Board’s decision can be questioned by applying to the High Court for judicial review, but the Court will not reopen the planning merits of the case.Leave to apply for a judicial review may not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid, and the person seeking the judicial review has a substantial interest in the matter.

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, Board members or inspectors should not be contacted in relation to any matter and they are not available for consultation.

Who Enforces The Boards 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 High or Circuit Court for an injunction in relation to unauthorised development in certain circumstances.

Can I Inspect Files Relating To An Appeal?

All files relating to a case can be inspected at the Boards' offices, 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 Boards' website shortly after the case is determined. Other files relating to an appeal or other case (maps, photographs, letters, etc.) are not published online by the Board, but many 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) – A Guide to Procedures

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 cost. Other files are available for a small copying charge. See the full list of fees payable for appeals and other matters.