SID: After the Board has made its decision

Changes to a development after it has received planning permission or approval

A person who is carrying out or plans to carry out a strategic infrastructure development can request permission from the Board for changes to a development. This development will have already have received a grant of permission or approval from the Board.

1	Alteration	A proposed change that is considered not to be significant and not requiring a public consultation.
2	Material alteration (not likely to have significant effects on the environment)	A proposed change which is considered not likely to have significant effects on the environment. In this situation the Board may allow a change after the information about the requested change has been made available for inspection. The Board has the power to invite any person (including members of the public) to make submissions about the request.
3	Material alteration (likely to have significant effects on the environment)	A proposed change which is considered likely to have significant effects on the environment. The Board will require the applicant to prepare an EIAR about the proposed change and submit it to the Board. The usual EIA procedures will then apply which will include steps such as: public notification of EIAR, and request for public submissions to the Board.
4	Clarifying or correcting errors in Board Orders	The Board can amend its decision if it considers there is: a clerical error in the Board Order, or a need to clarify what the Board intended should be permitted by the permission or approval. This type of change is not allowed to result in significant changes to the development as was given in the grant of permission or approval. The Board may invite submissions about the proposed changes before it decides to amend or not amend a decision.

Depending on what is proposed to be changed or amended, An Bord Pleanála will follow the required relevant process. The Board can decide to agree or disagree with the changes that the applicant has proposed.

Agreement of points of detail

In a 7^th Schedule development case, the Board can make a decision to grant permission to a development. As part of the grant of permission, the Board may include conditions for the development to be carried out. Details in a condition or several conditions may require agreement between the person carrying out the development and the planning authority in whose area the development will take place. The agreement must be restricted to the points specified in the Board's condition.

If the planning authority and the person carrying out the development cannot reach an agreement on a detail or details, the matter can be referred to An Bord Pleanála. An Bord Pleanála will then determine the matter.

Appealing the Board's decision

It is not possible to make a planning appeal on the Board's decision on a strategic infrastructure case.

Viewing the decided case file: public access

The entire file on a case which we receive may be inspected by any member of the public for at least five years within three days after An Bord Pleanála has made the decision. A copy of the Board Order and Direction and the Inspector's report is also available on this website. Copies of any documents on the file may be purchased at the Board's offices and it is possible to take photographs of most documents on a case file. It is not currently possible to view full decided case files on our website but we hope to introduce online case files in the future.

You can find out more on how to view decided cases files in our information guide “Viewing decided case files: Public Access”.

Judicial Review

The Board's decision is the final planning decision on the application. However, it is possible to ask a court for a judicial review of the Board's decision. A judicial review is where a judge reviews An Bord Pleanála's actions to see that we have followed the rules and procedures we are required to follow to be able to make a decision. If a judge decides we have not applied the rules and procedures properly in making a decision, the judge can overturn the Board's decision or ask the Board to reconsider the case. But the judge will not consider the case from a planning perspective.

To ask for a judicial review you will need to make an application under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50 of the Planning and Development Act, 2000, as amended. It should be noted that any challenge taken must generally be made within 8 weeks of the relevant Board decision. However, a time extension may be allowed in certain circumstances.

Further information on the judicial review process can be found in the document judicial review of planning decisions on this website or on the Citizens Information Service website www.citizensinformation.ie. You may also wish to seek legal advice.

Complaints with the way the Board dealt with the project