Appealing A Decision To An Bord Pleanála

Appealing a decision to An Bord Pleanála, the independent planning appeals board in Ireland, is a crucial step for individuals who are either dissatisfied with a planning decision made by their local planning authority or for those who have previously objected to a development and wish to challenge the planning authority’s decision to grant permission.

The process is designed to ensure that all parties have a fair opportunity to present their case. Below is a detailed guide on how to make an appeal to An Bord Pleanála from both perspectives: for someone who has made an objection to a development and for someone who has been refused permission to develop by their planning authority.

For Objectors to a Development

Step 1: Understand the Grounds for Appeal Before making an appeal, it’s important to understand the specific reasons why you are objecting to the development. These reasons could include concerns over environmental impact, traffic congestion, or the development’s compatibility with the local area’s character.

Step 2: Submitting the Appeal An appeal must be submitted within four weeks of the decision date by the local planning authority. The appeal should be detailed, including all relevant information and arguments against the development. It’s crucial to include any supporting documents or evidence that strengthens your case.

Step 3: Appeal Fee There is a fee associated with submitting an appeal to An Bord Pleanála. The fee amount can vary depending on the nature of the appeal. Ensure that you check the current fees and include the correct amount with your appeal submission.

Step 4: Follow the Process Once the appeal is submitted, An Bord Pleanála will review all documentation and may conduct a site inspection. You will be kept informed of any developments regarding your appeal, including any opportunities to provide further information or clarification.

For Those Refused Permission to Develop

Step 1: Review the Decision Carefully review the reasons why the planning authority refused your development application. Understanding these reasons is crucial for addressing them effectively in your appeal.

Step 2: Preparing Your Appeal Your appeal should directly address the reasons for refusal stated by the planning authority. Provide detailed arguments and evidence to support your case for why the development should be permitted. This may include revised plans, additional studies, or expert opinions.

Step 3: Submitting the Appeal Similar to objectors, your appeal must be submitted within four weeks of the decision date by the local planning authority. Ensure that your submission is complete, including the appeal fee and any supporting documents.

Step 4: The Appeal Process An Bord Pleanála will review your appeal, which may include a site inspection and consideration of any submissions made by other parties, such as objectors to your development. It’s important to be proactive and responsive throughout this process, providing any additional information requested by An Bord Pleanála.

General Tips for Both Parties:

Be Clear and Concise: When preparing your appeal, clarity and precision are key. Clearly articulate your arguments and back them up with evidence.
Understand the Regulations: Familiarise yourself with the relevant planning laws and guidelines. Demonstrating an understanding of these can strengthen your appeal.
Seek Professional Advice: Consider consulting with a planning consultant or solicitor who specialises in planning law. Their expertise can be invaluable in preparing a strong appeal.

Appealing to An Bord Pleanála is a significant step in the planning process. Whether you are objecting to a development or appealing a refusal, it’s important to approach the process with thorough preparation and a clear understanding of the relevant laws and guidelines.

Current Appeal Fees for An Bord Pleanála

As of the latest update, the appeal fees to An Bord Pleanála vary depending on the nature of the appeal. It’s important to note that these fees are subject to change, so it’s advisable to consult the official An Bord Pleanála website or contact their office directly for the most current information. However, to give you an idea:

For a standard planning appeal by an individual: The fee is typically in the range of €220.
For a third-party appeal (not the original applicant): The fee is also around €220.
For an appeal related to a strategic housing development: The fee can be significantly higher, reflecting the scale and complexity of these cases.
For a leave to appeal application: A smaller fee, usually around €50, is applicable.

There are concessions and exemptions available in certain circumstances, such as for individuals holding a medical card, where the fee may be reduced. Additionally, specific types of appeals, like those related to environmental issues, may have different fee structures.

Importance of Site Inspections During the Appeal Process

Site inspections are a critical component of the appeal process with An Bord Pleanála. These inspections allow the inspector, appointed by An Bord Pleanála, to gain a first hand understanding of the physical context and environmental setting of the proposed development or the area affected by the appeal. Here are several reasons why site inspections are pivotal:

Contextual Understanding: Inspectors can assess how the proposed development fits within the local environment, considering aspects like landscape, neighbouring properties, and local infrastructure.
Accuracy of Submissions: The inspection enables the inspector to verify the accuracy of the information provided in the appeal submissions, including any discrepancies in the descriptions of the site or its surroundings.
Impact Assessment: Inspectors evaluate the potential impacts of the proposed development, such as environmental, social, or traffic-related effects, within the actual context of the site.
Stakeholder Engagement: While not always the case, site inspections can sometimes provide an opportunity for stakeholders, including the appellant, objectors, and local residents, to present their views directly to the inspector.

The findings from the site inspection form a crucial part of the inspector’s report, which is then considered by the board of An Bord Pleanála when making a final decision on the appeal. It’s worth noting that the board is not bound to follow the inspector’s recommendation, but in practice, it often carries significant weight.

Preparing for a Site Inspection During the Appeal Process

A site inspection is a critical part of the appeal process, providing the appointed inspector with a first hand view of the site in question. Here’s how to prepare effectively:

Understand the Inspector’s Perspective: Recognise that the inspector is there to gather information and assess the site in the context of the appeal. They will be considering the development’s impact on the environment, community, and compliance with planning policies.
Documentation Ready: Have copies of all relevant documents, plans, and submissions related to the appeal easily accessible. While the inspector will have reviewed these beforehand, having them on hand can help clarify any questions that arise during the inspection.
Identify Key Points: Before the inspection, identify key points or areas on the site that you believe are crucial for the inspector to see or understand. Be ready to explain how these points relate to your appeal arguments.
Be Professional and Concise: If given the opportunity to speak with the inspector, be professional and concise in your communication. Focus on providing clear, factual information rather than opinions.
Respect the Process: The inspector may or may not wish to engage in detailed discussions during the site visit. Respect their process and follow their lead on how much interaction is appropriate.
Safety and Accessibility: Ensure that the site is safe and accessible for the inspection. Address any potential hazards and ensure that all relevant areas of the site can be easily accessed by the inspector.

Preparing for a site inspection is about ensuring that the inspector has all the information and access needed to make an informed assessment. By understanding what to expect and how to prepare, you can contribute positively to the inspection process.

Potential Outcomes of an Appeal with An Bord Pleanála

When you lodge an appeal with An Bord Pleanála, there are several potential outcomes to anticipate. The decision-making process is thorough, with the board considering the inspector’s report, which includes observations from the site inspection, submissions from all parties, and relevant planning policies. The outcomes can broadly be categorised as follows:

Grant Permission: An Bord Pleanála may decide to grant permission for the development, either outright or with conditions. This can occur even if the local planning authority originally refused permission, as the board conducts its own independent assessment.
Refuse Permission: Conversely, the board may refuse permission for the development. This decision might align with the local authority’s initial refusal or, in cases where the local authority granted permission, An Bord Pleanála may overturn that decision based on its findings.
Modify Conditions: In some instances, the board may decide to grant permission but modify the conditions attached to the planning permission. This could involve changes to aspects of the development to address concerns raised during the appeal process.
Refer Back to the Local Authority: On rare occasions, An Bord Pleanála may refer the case back to the local planning authority for further consideration, possibly with specific directions on aspects that need to be addressed.

Understanding these potential outcomes is crucial for setting realistic expectations and preparing for the next steps, regardless of the decision.