Planning Objections/Appeals

Objections

Submissions or observations on the application must be received by the planning authority within the period of five weeks beginning on the date the application is received. A fee of €20 must be submitted with each observation or objection and only those who have made a valid submission within the 5 week period are legally entitled to make a subsequent third party appeal of the decision to An Bord Pleanala.

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The Planning Appeal Process

An applicant, who is aggrieved by the decision of a planning authority to refuse permission or to grant permission subject to conditions may appeal the refusal or the conditions attached to the permission to the Board. A third party who is aggrieved by a decision to grant permission has a similar right to appeal the decision of the planning authority.  Only third parties who have previously validly made a submission or observation on the planning application, can proceed with an appeal to An Bord Pleanála.

 An appeal must:

(a)         be made in writing

(b)        state the name and address of the appellant or person acting on his or her behalf

(c)        state the subject matter of the appeal

(d)        state in full the grounds of appeal and the reasons, considerations and arguments on which they are based

(e)        in the case of an appeal by a person who made submissions or observations in accordance with the permission regulations, be accompanied by       the acknowledgement by the planning authority of receipt of the submissions or observations

(f)         be accompanied by the prescribed fee

(g)        be made within the period specified for making the appeal or referral.

Where an appeal is made to the Board, the planning authority concerned shall, within a period of two weeks, beginning on the day on which a copy of the appeal is sent to them, submit to the Board:

(i)         a copy of the planning application concerned and of any drawings, maps, particulars, evidence, environmental impact statement, other written study or further information received by them from the applicant

(ii)        a copy of any report prepared by or for the planning authority in relation to the planning application

(iii)       a copy of the decision of the planning authority in respect of the planning application and a copy of the notification of the decision given to the applicant;

The Board in its absolute discretion may decide to hold an oral hearing of an appeal. The Board may dismiss appeals if they are vexatious, frivolous or without substance or foundation, or if made with the sole intention of delaying the development or the intention of securing the payment of money, or other inducement by any person.

 The Board may, in determining an appeal, decide to grant a permission even if the proposed development contravenes materially the development plan in the planning authority area.  However, where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the Board may only grant permission where it considers that:

1)         the proposed development is of strategic or national importance

2)         there are conflicting objectives in the development plan or the objectives are not clearly stated

3)         permission for the proposed development should be granted having regard to regional planning guidelines for the area, or Ministerial guidelines or policy   directives, the statutory obligations of any local authority in the area, and any relevant policy of the government

4)         permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the making of the development plan.

 

 

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