How to make a Third-Party Appeal
If a development has just been approved by the local council but you have objections to it, you can appeal to An Bord Pleanala against it as a Third-Party Appellant
If you want to appeal against planning permission being granted for a development as a third party (i.e. if you are not the applicant), you make that appeal to An Bord Pleanala (ABP) who are an independent body. You must have made an observation or submission on the development to the Council during the planning application stage to be able to do this and you will need to include the written confirmation that the planning department sent on receiving your submission or observation at the planning application stage
You must submit your appeal in writing by post or in person. Appeals cannot be submitted online (at least at the time of writing). You can download the form that is available on the ABP website and write your points into that form or alternatively you can put your grounds for appeal into a separate document. Your grounds for appeal, including your justifications and arguments, as well as any supporting documentation, should be well prepared. When you have made your appeal, you cannot make any further submissions unless ABP specifically ask you for them
You must submit the (third- Party) appeal within four weeks of the date that the planning authority issues its ruling. This is a strict time limit. The day the chief executive signs the directive is known as the decision date. You can use the calendar calculator on the ABP website to determine the deadline for submitting your appeal. There are different rules about time limits between December 24 and January 1 (inclusive) which can affect the last date
The fee amounts are on the ABP website but for a typical third-party appeal, the cost is €220.00 at the time of writing
A checklist for items to be included in your third-party appeal would therefore be:
o Sufficient details to identify the subject planning application
o Your grounds of appeal and supporting documentation
o The acknowledgement of your initial submission from the Council
o Fee of €220.00
Don’t forget to check the calendar calculator for final date for submission of the appeal
Note: The above gives an indication of how to make a third-party appeal under the legislation: it is not intended to be a comprehensive explanation as space does not allow it. You should always get advice appropriate to your particular circumstances.
S J CARROLL & CO ARCHITECTS are experienced in in preparing Third Party Appeals on behalf of our clients. We assess the application and prepare a detailed document for submission on our client’s behalf. Drawings and diagrams are included to support the Appeal
Please contact us at simon@sjcarrollarchitects.ie or 086 8293293 if you would like to discuss this further
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