Applying for Leave to Appeal
Making a Leave to Appeal application
How much time do I have to make an application?
You must make your application within four weeks beginning on the date the planning authority makes its decision. This is a strict time limit. The decision date is the date that the chief executive’s order is signed. This document will be available from the planning authority’s website. We must have your application by 5.30pm on the final day.
The planning authority makes its decision today, Wednesday 2 June.
|You have four weeks to make your Leave to Appeal application before the deadline.|
|Your last date to make an application is on or before 5.30pm on Tuesday 29 June.|
There are different rules about time limits between December 24 and January 1 (inclusive) which can affect the last date to make an application.
How much does a Leave to Appeal application cost?
A Leave to Appeal application costs €110.
How can I pay for my application?
There are many ways you can pay a fee to An Bord Pleanála.
|In person at our reception||In the post|
|✔ Accepted||We advise you not to send cash in the post.|
Debit and Credit Cards*
|✔ Accepted||✖ Not accepted|
|✔ Accepted||✔ Accepted|
|✔ Accepted||✔ Accepted|
|✔ Accepted||✔ Accepted|
*Please note we do not accept debit or credit card payments over the telephone.
What do I include in my Leave to Appeal application?
You should carefully prepare your application. When you have made your application, you cannot make any further submissions unless we specifically ask you for them. Please note that An Bord Pleanála cannot consider non-planning issues.
Important Note: If your Leave to Appeal application is successful, you may want to make copies of the documents you used in your application again for the appeal.
To make a complete and valid Leave to Appeal application:
|✔||You must put your application in writing (either typed or handwritten).|
|✔||You must clearly state your own name and address. If a planning agent is acting for you, the agent must clearly state their own name and address as well as your name and address.|
|✔||You must give us enough details to allow us to easily identify the land or development which has been granted planning permission by the planning authority. Examples of the details we accept are:
• a copy of the planning authority decision, or
• the name of the planning authority and the planning register reference number (for example: Ballytown City Council, 23719/18).
|✔||You should describe your interest in the land. For example, you can give us a map showing your land and the proposed development site marked on it.|
|✔||You must provide us with your planning grounds (reasons and arguments) why you should be granted leave to appeal.|
|✔||You must pay the correct fee of €110.|
|✔||You must make your application on time.|
Can I request an oral hearing with an application?
No. You cannot request an oral hearing with an application.
Where do I send or deliver my appeal?
- post it to: The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1, D01 V902, or
- deliver it in person to a member of An Bord Pleanála staff at our office in Marlborough Street (address above) during office hours – Monday to Friday from 9.15am to 5.30pm. Please note that the security staff in our office cannot accept appeals.
Remember, do not place your appeal in the letterbox of our office and do not email it to us as your appeal will be invalid.
Can I get a receipt if I deliver my application in person?
Yes. If you deliver your application in person to our office, you can ask for a receipt which says that we have received your application. Once your application is handed to a member of An Bord Pleanála staff, we cannot return it, nor can we make a photocopy of your documents with our date stamp.
Will I receive a receipt if I send my application by post?
Yes, we will send you a receipt in the post.
After you make your Leave to Appeal application
Have I made a valid or invalid application?
After we receive your application, we will check that it meets the statutory requirements for it to be a valid application. If your application does not meet these requirements, it is invalid. Next, we will send you a letter to tell you that we have:
- received your application, and
- found your application to be valid or invalid.
What do I need to do next if my application is valid?
If your application is valid, you do not need to do anything else at this point. If we write to you during the application process, please follow the instructions or advice in the letter. If you need help following the instructions or advice, you can contact us. Please quote the application case reference number on the letter, so we can identify your case.
What happens if my application is invalid?
If your application is invalid, we will return all your documents to you and we will refund your fee by cheque. You can re-submit the application only if you can meet all the statutory requirements fully.
Why is my application invalid?
Some reasons why applications are invalid are:
- the application does not fully meet all the statutory requirements as described in this guide,
- the application was posted in the letterbox of our office or emailed to us. It must be posted to our office or be delivered in person to a member of An Bord Pleanála staff at our office.
What does An Bord Pleanála do next?
Within one week of receiving your valid Leave to Appeal application, we write to the planning authority to ask for copies of:
- the planning application, maps, plans and any other documentation that they received,
- any planning authority report prepared on the application,
- the planning authority’s decision, and
- the notice the planning authority sent to the applicant about its decision.
The planning authority should send us this information within one week of receiving our request. On receiving the planning application information and documents, our staff prepares the case for the Board. The Board then makes a decision whether to grant or refuse leave to appeal.
When the Board has made its decision to grant or refuse leave to appeal, we send you a letter by registered post and a copy of the Board Order to let you know the decision within three working days of the decision being made. We also write to the planning authority to inform it of the Board’s decision.
What is the time limit for deciding a Leave to Appeal application?
The Board must make a decision on a Leave to Appeal application within four weeks of us receiving it.
Can I withdraw my application?
Yes. You can withdraw your application any time before a decision is made. You must write to us and state that you wish to withdraw your application. We cannot refund your fee.
The Board has granted me leave to appeal. What do I need to do next?
If the Board has granted you leave to appeal, please go to making an appeal after the Board has granted leave to appeal
The Board has refused me leave to appeal. What can I do next?
If someone else has made a planning appeal about the same proposed development, you may be able to take part in that appeal by making an observation.