An Bord Pleanala Appeals in Kerry, Cork and Limerick.
An Bord Pleanala is a highest governing body to the local planning authorities formed to ensure that the planning processes within the country are being regulated and provided for fairly across the board. Anyone who is unhappy with a decision made by the local authority, may appeal to An Bord Pleanala. You may appeal against a refusal to your own planning application, or may appoint O’Leary Engineering and Architecture to proceed with your claim.
A person applying for planning permission and any person who made written submissions or observations to the planning authority on a planning application can appeal a planning decision made by a local authority to An Bord Pleanála
- Appeal against a refusal to grant you planning permission or conditions attached to your permission.
- Appeal against a decision to give someone else planning permission a third party appeal. In this case you must have made a written submission/observation to the planning authority on the relevant application*.
Their are 3 exceptions to the requirement to have made prior submissions or observations:
- If a prescribed body was not notified in accordance with law, they may appeal without having made a submission or observation on the planning application.
- If an environmental impact statement (EIS) was required to be submitted with the planning application, a body that promotes environmental protection and meets certain other requirements may appeal the decision without have made a submission or observation.
- A person who has an interest in adjoining lands where permission has been granted can apply to the Board for leave to appeal the decision without having made a submission or observation.
If an appeal has already been made by either the applicant and/or a valid third party, any other person can become an “observer” and make submissions or observations. A valid appellant may request an oral hearing on payment of an additional fee. An Bord Pleanála will normally only grant an oral hearing if the case is particularly complex or significant national or local issues are involved.
An Bord Pleanála aims to make a decision within 18 weeks. If this is not possible, it will inform all the parties of this. In general, An Bord Pleanála will either:
- Grant planning permission
- Grant planning permission with conditions, or
- Refuse planning permission.
An Bord Pleanála’s decision is final and can only be challenged by judicial review in the High Court. This process will judge whether the Board followed due process in reaching its decision and will not include an examination of the planning merits. Files on appeals received by the Board can be inspected by members of the public after the appeals have been determined by the Board. These files can be inspected, free of charge, at the Board’s offices for a period of at least 5 years after the appeal decision.
Rules Governing an Appleal
You must make the appeal to An Bord Pleanála within 4 weeks of the decision by the local authority. Your appeal must include the following:
- Your own name and address.
- Details of the proposed development, the name of the local authority, the planning register number and (if you are a third party) the applicant’s name and address.
- The full grounds of the appeal with supporting material and arguments. No further submissions or elaborations on these grounds of appeal can be accepted by the Board. The grounds of the appeal must relate to planning issues only. The Board cannot take other issues into consideration.
- The correct fee.
- If you are a third party appellant, an acknowledgement from the planning authority that you made a submission or observations on the application to it.
If you do not submit all the documentation, the appeal will be considered invalid and cannot be considered by An Bord Pleanála.
Rates Depend on Situation
You will be charged a fee if you wish to make an appeal to An Bord Pleanála. The fee for making an appeal depends on the type of case and the relevant legislation.