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Functions of the Board: Other Appeals

This page outlines other appeals that can be made to An Bord Pleanála under the Building Control Acts, Urban Regeneration and Housing Act, and Water Pollutions Acts.

Urban Regeneration and Housing Act 2015

Section 9

Appeal against a planning authority decision to enter a site onto its register of vacant sites by the owner of the site.

Section 11

Appeal against a planning authority decision not to cancel the entry on the register of a vacant site in relation to which it is proposed to apply a charge (vacant site levy) for each year beginning with 2018 after its consideration of the submissions of the owner in relation to the entry on the register.

Section 18

Appeal against a demand for payment of a vacant site levy by the owner of the site.

 

Building Control Acts 1990 and 2007

Section 7(1)(a)

Appeal to the Board by an applicant who is dissatisfied with the decision of a building control authority relating to an application for a dispensation from, or relaxation of, any requirement of building regulations.

Section 7(1)(b)

Appeal to the Board by an applicant who is dissatisfied with the decision of a building control authority relating to an application for a fire safety certificate or a revised fire safety certificate.

Section 7(1)(d)

Appeal to the Board by an applicant who is dissatisfied with the decision of a building control authority relating to an application for a regularisation certificate.

Section 7(1)(e)

Appeal to the Board by an applicant who is dissatisfied with the decision of a building control authority relating to an application for a disability access certificate or a revised disability access certificate.

 

Water Pollution Acts, 1977 and 1990

Section 8

Appeal by any person in relation to a grant, refusal, modification or revocation of a licence to discharge effluent to waters.

Section 20

Appeal in relation to a licence to discharge trade effluent to a sewer by-

  • An occupier of the premises concerning the revocation or modification of, or attachment of conditions to, the license, or
  • A person whose application for the licence is refused.

 

Air Pollution Act, 1987

Section 34

An Bord Pleanála had functions in relation to the determination of appeals made by any person in relation to a grant or refusal of a licence under section 32 or a revised licence under section 33 of the Act to discharge emissions to the atmosphere. These functions were however transferred from An Bord Pleanála to the Environmental Protection Agency by the Environment (Miscellaneous Provisions) Act, 2015 with effect from 31st August, 2015.

An Bord Pleanála therefore no longer has any function in relation to current Air Pollution appeals. 

Further information can be sought from the Environmental Protection Agency website or by telephoning Lo-call 1890 33 55 99 or 053 91 60600.