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This Guide does NOT deal with direct applications to the Board for planning permissions / approvals in respect of strategic infrastructure development. The document is available from the Board, may be downloaded from its website should be available from your local planning authority. who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with permission regulations (third party). Except where a person is granted leave to appeal by the Board (see questions 2(3) and 33), an appeal must be received by the Board within four weeks beginning on the date of the making of the decision by the planning authority (N. not the date on which the decision is sent or received).
There are three exceptions to the requirement to have made prior submissions or observations: - (1) where a prescribed body was entitled to be notified of a planning application by the planning authority and was not notified in accordance with law, the body may appeal the decision of the planning authority without having made submissions or observations on the planning application, (2) where an environmental impact statement (EIS) was required to be submitted with the application to the planning authority, a body whose aims or objectives relate to the promotion of environmental protection and which meets certain other requirements may appeal the decision of the planning authority without having made submissions or observations on the planning application, (3) a person with an interest in land (e.g. The day the decision is made is counted as the first day.
The planning system includes a comprehensive appeals process.
Under this, all planning decisions made by planning authorities may be subject to independent review by An Bord Pleanála (the Board).
An appeal or other material posted within the permitted period but received outside it will be invalid.
Further information on time limits is given in questions 29, 30 and 31.) 4. Every appeal must be made in writing and must be: • sent by post to: The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1 • or, delivered by hand to an employee of the Board at the Board’s offices during office hours (9.15 a.m. on Monday to Friday except on public holidays and other days on which the offices are closed). • Your own name and address – both of which must be clearly stated.
The Board’s website has a calendar facility to assist in calculating the last day for making an appeal.Appeals placed in the Board’s letterbox are invalid. Where an agent makes the appeal on your behalf, he/she must state clearly his/her own name and address and your name and address. Where, for example, the appeal involves an EIS or relates to commercial development and/or an application for retention and the appeal is made by the first party, higher than normal fees apply.This leaflet gives details of the main features of the appeal process and is intended as a practical guide to the procedures under the 2000 to 2015 Planning Acts.It is not a definitive legal interpretation of the planning law. However, the Board has produced a “Planning Appeal Check List which may be used as a cover page in an appeal.You are also advised to read “Guide to Fees payable to the Board leaflet. This document provides an easy-to-use guide which, if followed fully, should help to ensure that your appeal will be valid.
This and further information is available from the Board or your local planning authority. Remember that the onus is on you to ensure your appeal is valid. • An applicant for planning permission (first party), and • any other person, body or interested group etc.