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 give 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 18 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 posted in the letterbox of our office or emailed to us,
- the appeal is about something that we have no responsibility for.
Further details about invalid appeals are available.
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 4 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. They will normally 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?
The Board has a statutory objective to try to decide cases within 18 weeks. The 18-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 4 weeks, this 4-week period is part of the overall 18-week appeal period
If the Board cannot make a decision within 18 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.
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).