Functions of the Board: Planning Appeals (Section 37)

Appeals under section 37 of the Planning and Development Act 2000, as amended, usually referred to as normal planning appeals, constitute a significant proportion of the work of the Board and account for most of the decisions made by it. These appeals arise from decisions by planning authorities on applications for permission for the development of land (including applications for the retention of structures or the continuance of uses). Appeals fall into four categories, namely:

• First party appeals against decision of planning authorities to refuse permission
• First party appeals against conditions proposed to be attached to permissions by planning authorities
• First party appeals against financial contribution conditions
• Third party appeals, which are normally against decisions of planning authorities to grant permission

In some cases, there may be both first party and third party appeals against a decision of a planning authority.

In addition to the “parties” to an appeal, other persons may make submissions or observations to the Board in relation to an appeal. These persons are referred to as “observers”.