What is leave to appeal and who can make an application?
Leave to appeal is a process where, if you are a person with an interest in adjoining land, you can ask the Board to give you permission to make an appeal when all of the four following reasons apply:
- You did not make a submission to the planning authority on a planning application.
- The planning authority has granted permission to that planning application. In the grant of permission, the planning authority has attached a condition or conditions that will change part of the proposed development from what was originally proposed in the planning application.
- Due to the condition or conditions now attached to the grant of permission, the proposed development will impact land which:
- you have an interest in; and
- is adjoining (next to or joined with) the proposed development site
- The impact is that it may:
- affect your enjoyment of the land you have an interest in, or
- reduce the value of the land you have an interest in, or
- both affect your enjoyment of the land and reduce its value.
The Board can only grant the Leave to Appeal application where you have shown all of the four things above.
A large number of Leave to Appeal applications fail because the person applying for leave to appeal cannot show that they meet all the requirements.