Guide to Making a Planning Appeal (Observation) – Revised 2010
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 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- (a) four weeks of receipt of the appeal by the Board (or the last appeal where more than one is made) or, (b) in a case where an Environmental Impact Statement has been requested and received by the Board, four weeks of the date the Board publishes notice of its receipt or, (c) where the Board requested the applicant to publish a further site or newspaper notice, four weeks of the date of publication of the notice. So, in the case of (a) above, if an appeal is received on Wednesday 2nd of a month, the last day for receipt of submissions or observations on the appeal by an “observer” is Tuesday 29th (not Wednesday 30th) of the same month. The Board’s website has a ready-reckoner to assist in calculating the last day for making a submission / observation. See also questions 28, 29 and 30 in the Board's "Guide to Making a Planning Appeal" regarding time limits. Should the appeal (or all the appeals where there is more than one) be withdrawn by the person(s) who made it, the decision of the planning authority will stand and your submission will lapse.
How may I make my views known to the Board?
An “observer” should submit his/her submissions or observations in writing by: -
• sending them by post to: The Secretary,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1,
• or, delivering them to the Board’s offices. (Office hours are 9.15a.m. to 5.30p.m. on Monday to Friday except on public holidays and other days on which the offices are closed).
What must I include with my submissions or observations?
• Your own name and address - which must be clearly stated. Where an agent makes the submissions or observations on your behalf, he/she must stateclearly 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 bodies specified by the Board). Details of fees are available from the Board or your local planning authority.
If my appeal or observation is invalid, can I re-lodge the appeal or observation?
If you comply fully with ALL the requirements at the time you re-lodge the appeal or observation, then it will be accepted. The requirements are that the appeal or observation must be received within time (see question 3 or 12, as appropriate), be made correctly (see question 4 or 13) and must include all the information and documents (see question 5 or 14) when it is re-lodged. Even if a fee (correct or not) was lodged with the invalid appeal or observation, the full fee must always accompany the new appeal or observation.
Where the time limit has not expired for re-lodging a fresh appeal or observation, the Board does not guarantee that it will notify appellants or “observers” in sufficient time that would allow a fresh appeal or observation to be made within the statutory time limit.
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. The appellant must make the request within the period for lodging the appeal but, where a party to an appeal other than an appellant is sent a copy of an appeal, he/she may make the request within four 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. 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.
Last modified: 27/04/2011