Reasons why some planning appeals are invalid
When we receive a planning appeal, we check that the appeal meets the strict criteria set in law to be a valid appeal. Each year about 8% to 10% of appeals we receive are invalid. There are several reasons why an appeal can be invalid. Some of the main reasons are:
|Fees||There are different fees depending on the type of appeal. The correct fee must be paid at the same time as you are making the appeal. If there is no fee paid or the amount paid does not match the required amount the appeal will be invalid.
The period for making an appeal is four weeks starting on the day the planning authority makes a decision. It is important to note that it is not four weeks from the date you receive the decision.
Our website has a date calculator which can help you to calculate the last day for making an appeal. We must have your appeal by 5.30pm on the final day allowed to make an appeal. Appeals received after 5.30pm on the last day cannot be accepted and will be invalid, even if postmarked on the last day allowed.
|Name and address||An appeal must have the name and address of the person making the appeal. If you are using the services of a planning agent or consultant, their name and address must also be provided as well as your name and address.
For appeals from non-applicants to a planning application (third party), the law requires that to make a valid appeal you must have an acknowledgement from the planning authority which shows that you made a submission at the application stage with the planning authority.
If you did not participate at the application stage you normally cannot appeal the planning authority’s decision. In certain situations, you may be able to make an appeal and our ‘what can I appeal?’ fact sheet will give you more details about these situations.If an appeal has been already made on the application by someone else, you may want to consider making an observation on the case. More information on observations and how they differ from appeals can be found on our website.
|Grounds or subject of the appeal||Valid appeals must have a statement or ‘grounds’ containing the planning reasons why you want to appeal the planning authority’s decision.
|Posting in the letterbox of our office||We cannot accept your appeal if you place it in our letterbox, as it will not meet the requirements for a valid appeal. If there is time remaining to make your appeal, you can post or deliver the appeal by hand to An Bord Pleanála staff on the next working day that our office is open.
However, we must receive your appeal by 5.30pm on the last day allowed to make an appeal.
After an appeal has been declared invalid
If your appeal is invalid, we will return your documents and the fee will also be refunded to you. Sometimes the documents from your invalid appeal may be returned to you before the fee refund.
If there is enough time remaining and you can fully meet all the legal requirements, then you can resubmit your appeal. Our making a planning appeal guide lists the requirements to make a valid appeal.
Remember you must pay the full fee again if resubmitting your appeal, even if you have not yet received your fee refund. This is to make sure you meet one of the requirements for a valid appeal.