- 20th May 2019
- Posted by: Setanta Landers
- Category: Commercial Litigation
Appeals to An Bord Pleanála
An Appeal to An Bord Pleanála is available to persons who have had planning applications rejected by a local authority. An appeal is also available to persons who have lodged objections or observations relating to a planning application to a local authority.
An appeal of any planning decision must generally be made within four weeks beginning on the date of the decision of the planning authority.
An Bord Pleanala has a helpful calendar facility on their website www.pleanala.ie which highlights the relevant day or last day of appeal from the date of the decision that was made.
Form of the Appeal
A large number of appeals are rejected on the basis that they do not meet the criteria set down by the planning legislation and regulations. The appeal must be accompanied by:
- the correct fee;
- where an observation has been lodged, the original stamped receipt of that observation received from the planning authority;
- the prescribed form detailing the name and address of the applicant and/or his agent together with the correct reference, grounds of appeal and form.
Grounds of the Appeal
Appeals should be carefully thought out and structured and supporting documentation should be attached where appropriate. The grounds of the appeal should be set out in sequential order. It is important that the grounds of appeal constitute the entirety of the challenge to the planning decision under appeal as no subsequent information may be lodged once the application has been made.
Reddy Charlton can assist you in formulating the grounds of your appeal.
Lodging of the Appeal to An Bord Pleanala
An Bord Pleanála’s offices are located on the second floor of Marlborough Street, Dublin 1. The office hours are 9.15 a.m. to 5.30 p.m. Monday to Friday. A valid appeal must be received by the board and it is therefore important to ask the officials of An Bord Pleanala to check the appeal, and form of the appeal including attachments and provide a receipt for same. It is our office practice to attend personally when lodging the appeal to An Bord Pleanála.
Overview of Appeals
Appeals documentation are public documents. Once a valid appeal is lodged the documentation is sent to the planning authority. In most cases the board will appoint an inspector who will be a qualified planner to consider the case. The inspector usually visits the site and may take photographs and issues a report. The board members then convene to consider the report and to file and make a decision. The decision is usually made within eighteen weeks but this time can be extended.
If an Appellant is unhappy with a decision of An Bord Pleanála, and has sufficient grounds it may consider whether a judicial review of the decision is appropriate. Please see our separate note on judicial review in this regard.
For further information on the above topic, please contact Setanta Landers at firstname.lastname@example.org