Making an appeal after the Board has granted Leave to Appeal

• Making an appeal after the Board has granted leave to appeal
• Oral hearings
• After you make your appeal

Making an appeal after the Board has granted leave to appeal

How will I be told about the Board’s decision to grant the Leave to Appeal application?
We will send you a notification letter by registered post with the Board’s decision to grant your leave to appeal.
 

How much time do I have to make an appeal?
You must make your appeal within two weeks beginning on the date you received the notification letter. We will have sent you this letter by registered post with the Board’s decision. We must have your appeal by 5.30pm on the final day to make an appeal.
 

There are different rules about time limits between December 24 and January 1 (inclusive) which can affect the last date to make an appeal.
 

How do I make an appeal?
You must make your appeal in writing, and post or deliver it in person to us. It is not possible to make an appeal online. There is a Planning Appeal Form which you can complete. However, you do not have to complete this form to make an appeal, and you can either use the form or write to us.
 

How much does the appeal cost?
Your appeal costs €110.
 

How can I pay for my appeal?
There are many ways you can pay a fee to An Bord Pleanála.

^*Please note we do not accept debit or credit card payments over the telephone.

You can find more details about Fees and Charges and how you can pay fees on our website.
 

What do I include in my appeal?
You should carefully prepare your grounds of appeal (reasons and arguments) and any documents you wish to include. Even though you may consider that you are repeating the information you gave us with your Leave to Appeal application, you must give us all the required information.

When you have made your appeal, you cannot make any further submissions unless we specifically ask you for them. Please note that An Bord Pleanála cannot consider non-planning issues.

To make a complete and valid appeal:

Where do I send or deliver my appeal?
You must:

• 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.

Can I get a receipt if I deliver my appeal in person?
Yes. If you deliver your appeal in person to our office, you can ask for a receipt which says that we have received your appeal. Once your appeal 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 appeal by post?
Yes, we will send you a receipt in the post.

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Oral hearings

What is an oral hearing?
An oral hearing is a meeting and is sometimes held to help our inspector gather more information from participants. The Board will generally only hold an oral hearing to help it understand a particularly complex case or if the case involves significant national or local issues. The Board has the power to hold an oral hearing with or without a request for one.
 

How do I ask for an oral hearing?
To ask for an oral hearing, you need to make an oral hearing request. To make a request you must:

• tick the box that says “Yes, I want to request an oral hearing” on the Planning Appeal Form, or
• write to us and ask for one.

Please note, if you request an oral hearing, you will have to pay an additional non-refundable fee of €50. Further information on how to make this request is available on our website or by contacting us.

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After you make your appeal

Have I made a valid or invalid appeal?
After we receive your appeal, we will check that it meets the statutory requirements to be a valid appeal. If your appeal does not meet these requirements, it is invalid. Next, we will send you a letter to tell you that we have:

• received your appeal, and
• found your appeal to be valid or invalid.

What do I need to do next if my appeal is valid?
If your appeal is valid, you do not need to do anything else at this point. During the appeal process, we may send you a letter about:

• comments or observations you may be invited to make on something we have received,
• the Board’s decision to hold an oral hearing,
• details about an oral hearing,
• when the Board hopes to make a decision if it is not possible within the 14 weeks’ time period.

If we write to you, 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 appeal case reference number on the letter, so we can identify your case.

What happens if my appeal is invalid?
If your appeal is invalid, we will return all your documents to you. We will refund your fee by cheque. You can re-submit the appeal only if you can fully meet all the statutory requirements.

Why is my appeal invalid?
Some reasons why appeals are invalid are:

• the appeal does not fully meet all the statutory requirements as described in this guide,
• the appeal was placed in the letterbox of our office, or emailed to us.

Further details about invalid appeals are available on our website.

What does An Bord Pleanála do next?
An Bord Pleanála sends a copy of your appeal to:

• the planning authority,
• the applicant, and
• any other appellant involved in the appeal.

Participants have four weeks from the date we write our letter to submit their comments if they so wish. We cannot consider any comments that are late. We may write to case participants to ask for further submissions or information.

An inspector will consider your appeal and all documentation about the appeal. They will usually visit the site to gather more information and take photographs for their report. We may contact you to organise a time for the inspector to visit the site; however, an inspector may visit unannounced if they are in the area.

After the site visit, the inspector prepares a report and recommendation for the Board. The Board will then make a decision based on all the documentation on the case.

What is the time limit for deciding appeals where the Board has given leave to appeal?
The Board has a statutory objective to try to decide appeals within 14 weeks in this situation. The 14-week period includes any request periods mentioned previously. For example, if we ask you to comment on a submission and ask you to reply within four weeks, this four-week period is part of the overall 14-week appeal period.

If the Board cannot make a decision within 14 weeks, we will write to participants in the appeal to update them.

When the Board makes a decision, we will send you a letter and a copy of the Board Order to let you know the decision. 

Will my Leave to Appeal application be considered during the appeal?
No. The Leave to Appeal application is a separate case from the appeal case. When making its decision on your appeal, the Board will consider your grounds of appeal and all other documents on the appeal case file.

Can I withdraw my appeal?
Yes, you can withdraw your appeal any time before a decision is made. You must write to us and state that you wish to withdraw your appeal. We cannot refund your fee.

The applicant has withdrawn their application. Will the Board still consider my appeal?
No. If the applicant withdraws their application, there is no longer a valid appeal.  

Can the Board dismiss an appeal?
Yes. The Board can dismiss an appeal where it is satisfied that the appeal is:

• vexatious: intended only to annoy or disturb,
• frivolous: lacking in seriousness,
• without substance or foundation,
• made just to delay the development,
• made to secure the payment of money, gifts and considerations by anybody, or
• made by a person who cannot be identified (in the Board’s opinion).

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