Planning Appeals to An Coimisiun Pleanala

Planning Appeals in Ireland

An Coimisiún Pleanála (the Planning Commission, formerly An Bord Pleanála) is the independent national body that decides planning appeals in Ireland. It was established under the Planning and Development Act 2024, replacing the former An Bord Pleanála.

Who Can Appeal?

Under Section 37 of the Planning and Development Act 2000:

• The applicant (first party) — if their application was refused or they disagree with conditions attached to a grant
• Anyone who made a valid submission to the local authority during the public consultation period (third party)
• The planning authority itself (in certain cases)
• Prescribed bodies (e.g., government departments, Irish Water, the Office of Public Works)

Important: Third parties can only appeal if they first made a submission to the local authority (€20 fee) during the 5-week consultation period.

Time Limit

Appeals must be made within 4 weeks of the local authority's decision. This deadline is strict and cannot be extended — late appeals will not be accepted under any circumstances.

How to Appeal

1. Complete the appeal form — available from An Coimisiun Pleanala or their offices
2. Pay the fee — €220 for most first-party and third-party appeals
3. Set out your grounds of appeal — clearly explain why you believe the council's decision was wrong, referencing planning policy and development plan objectives
4. Submit supporting documents — maps, photographs, professional reports, or other evidence

The Appeal Process: De Novo Review

An Coimisiun Pleanala conducts a "de novo" review — this means they consider the entire planning application afresh, as if the local authority had never made a decision. They are not limited to the issues raised in the appeal. This has important consequences:

• The Board can reverse a grant to a refusal (and vice versa)
• The Board can impose entirely different conditions
• The Board can consider new information not available to the local authority
• Issues not raised in the appeal can still influence the decision

Timeline

The statutory objective is to decide appeals within 18 weeks, but this is an objective, not a guarantee. Complex cases frequently take longer.

Typical sequence:

1. Week 0: Appeal submitted and fee paid
2. Within 2 weeks: An Coimisiun Pleanala notifies all parties (applicant, local authority, and anyone who made submissions)
3. 4 weeks from notification: Other parties can make observations on the appeal (€50 fee)
4. Site inspection: A Board inspector visits the site, takes photographs, and assesses the development in context
5. Inspector's report: The inspector writes a detailed report with a recommendation to grant or refuse. The Board considers this report but is not bound by the inspector's recommendation.
6. Board decision: The Board (or a division of the Board) makes the final decision

Oral Hearings

In complex or controversial cases, the Board may hold an oral hearing. Key points:

• The appellant can request an oral hearing, but the decision to hold one is at the Board's discretion
• The inspector reviews the request and recommends whether a hearing is warranted
• Oral hearings are not formal legal proceedings — their purpose is to gather additional information from participants
• They are relatively rare and typically reserved for cases of significant public interest
• You can present your case in person and hear other parties' arguments

The Decision

The Board's decision is final and can only be challenged by judicial review in the High Court — and only on a point of law (e.g., the Board failed to follow proper procedures), not on the merits of the planning decision itself.

Strategic Infrastructure Development (SID)

Certain large infrastructure projects are applied for directly to An Coimisiun Pleanala, bypassing the local authority entirely. These include:

• Wind farms above certain thresholds
• Power stations and electricity infrastructure
• Major road projects and motorways
• Large industrial installations
• Certain waste management facilities

SID applications have their own pre-application consultation process and fee structure.

Tips

• Focus on planning merits — the Board considers "proper planning and sustainable development," the same test as the local authority
• Reference policy at all levels — cite the National Planning Framework, Regional Spatial and Economic Strategies, and County Development Plan objectives
• Be thorough but concise — the Board processes thousands of cases. Clear, well-structured arguments are more effective than lengthy submissions.
• Meet the deadline — there are no extensions to the 4-week appeal period
• Consider costs — appeals are a significant investment of time and money (€220 fee plus any professional fees). Ensure your grounds are strong before proceeding.

Related Guides

• How to Object to a Planning Application — making submissions at local authority stage
• Planning Permission Fees — all fee schedules
• How to Apply for Planning Permission — the full application process

Disclaimer

This guide provides general information about the planning appeals process in Ireland. For advice on a specific appeal, consult An Coimisiun Pleanala directly or a qualified planning professional. See also Citizens Information for official guidance.