Planning Appeals
Appeals of planning decisions made by Planning Authorities are dealt with by an independent body called An Bord Pleanála. Once a decision on a planning application has been made by the Planning Authority, it can be appealed to An Bord Pleanála by the applicant or a third party who has made a submission to the Planning Authority in relation to that application. In certain circumstances adjoining landowners who had not previously made a submission can apply for leave to appeal the decision, this must be done within 2 weeks of the decision being made. A comprehensive guide to making a planning appeal is available on the An Bord Pleanála website which also provides access to details of current and past cases nationwide.
Planning Appeal Fee's
For information in relation to Planning appeal fees please see the following guide
http://www.pleanala.ie/about/Fees/full_fees_guide.pdf
Planning and Development Act 2000
Water Services Act 2007
and Building Control Act 1990
In accordance with the above enactments the Board hereby gives notice that it has determined fees, with the approval of the Minister for the Environment, Community and Local Government, in relation to various matters as set out below – where new or amended fees apply same will become operative with effect from Monday the 5th September, 2011. Applications, appeals and other matters which are not accompanied by the correct fee may be invalid.
| Case Type |
Fee On or Before 2nd September 2011 |
Fee On or After 5th September 2011 |
|---|---|---|
| a. Appeals against decisions of Planning Authorities Appeal |
||
| (i) 1st party appeal[1] relating to commercial development[2] (application included retention). |
€4,500 or €9,000 if an EIS[3] involved |
€4,500 or €9,000 if an EIS or NIS[4] involved |
| (ii) 1st party appeal relating to commercial development (no retention element in application). |
€1,500 or €3,000 if EIS involved | €1,500 or €3,000 if EIS or NIS involved |
| (iii) 1st party appeal non-commercial development with retention element in application |
€660 | €660 |
| (iv) 1st party appeal solely against contribution condition(s) – (2000 Act[5] section 48 or 49). |
€220 | €220 |
| (v) Appeal following grant of leave to appeal. |
€110 | €110 |
|
(vi) An appeal other than referred to in (i) to (v) above. |
€220 | €220 |
| (vii) Reduced fee (specified bodies[6] ). | €110 | €220 |
| b. Referral | €220 | €110 |
| c. Application for leave to appeal (section 37(6)(a) of 2000 Act). Note: The above fee levels for planning appeals and referrals remain unchanged from those already in force since 2007 (except for the addition of NIS). |
€110 | €110 |
| d. Application for Strategic Infrastructure Development[7] |
||
| (i) Application under Section 37A, 182A or 182C of 2000 Act or section 47 of Transport (Railway Infrastructure) Act 2001. |
€100,000 | €100,000 |
| (ii) Application under section 181A of 2000 Act. |
€100,000 | €60,000 |
| (iii) Road Authority application under section 49 or 51 of Roads Act 1993. |
€100,000 | €60,000 |
| (iv) Application by Local Authority under section 175 or 226 of 2000 Act. |
€100,000 | €30,000 |
| (v) Application for compulsory acquisition of land (section 214, 215A or 215B of 2000 Act) relating to (i), (iii) or (iv) above. | €100,000 | As (i), (iii) or (iv) above. |
| e. Request for pre-application consultations, section 37B, 181C or 182E of the 2000 Act or section 47B of Transport (Railway Infrastructure) Act 2001. | Nil | €4,500 (€3,500 refunded if not more than 1 meeting held) |
| f. Request for alteration under section 146B of 2000 Act. | €100,000 | €30,000 |
| g. Request for scoping of an EIS. | Nil | €5,000 |
| h. Application for leave to apply for substitute consent (Part XA of 2000 Act). Application for substitute consent (Part XA of 2000 Act). |
Nil | €3,000 except no fee where previous permission set aside by Court decision. Similar to fee for application to Planning Authority |
| i. Submission of EIS following request from Board. | Nil | €1,500 |
| j. Submission of NIS following request from Board. | Nil | Commercial development €1,500 Non-commercial development €220 |
| k. Request for oral hearing under section 134 or 177Q of 2000 Act. | €50 | €50 |
| l. Making submission or observation (any case). | €50 | €50 (specified bodies exempt6) |
| m. Fees under section 66 of Water Services Act 2007 and section 8 of Water Pollution Act 1977 (as amended). Appeal |
€126 | €500 |
| Reduced appeal fee (specified bodies6) |
€63 | €220 |
| Submission/Observations |
€38 | €50 |
| Request for Oral Hearing | €63 | €50 |
| n. Building Control Act 1990 (as amended) Appeal | €250 | €500 |
[1] An appeal made by the person by whom the planning application was made.
[2] Commercial development includes residential development of 2 or more houses.
[3] Environmental Impact Statement.
[5] 2000 Act means Planning and Development Act 2000 as amended.
[6] A list of these bodies is available from the Board.
[7] Where cost recovery applies fees are offset against costs incurred.