GUIDES · SHEET 02 · LIVING NEXT TO DEVELOPMENT · UPDATED 12 SEPTEMBER 2026
An Bord Pleanála appeal, now An Coimisiún Pleanála — four weeks, €220, and a 25% reversal rate
The Commission reversed the council in 25% of the 1,195 Dublin-area appeals decided in the two years to September 2026. Who can appeal, the four weeks, the €220 fee, why 240 appeals a year fail on procedure, and the odds by direction.
KEY FACTS
- Statute
- Planning and Development Act 2000, ss.37 (appeals), 126 (18-week objective), 127 (contents), 130 (observations on an appeal), 138 (dismissal)
- Deadline
- 4 weeks beginning on the date of the council's decision
- Fee
- €220 for a first- or third-party appeal; €50 to make an observation on someone else's appeal; €50 to request an oral hearing
- Who may appeal
- The applicant, and any person who made a valid submission to the council; adjoining owners may seek leave under s.37(6)
An Coimisiún Pleanála (formerly An Bord Pleanála) reversed the council in 301 of the 1,195 Dublin-area appeals it decided in the 24 months to 12 September 2026 that we can link to the council's decision: 25%. The reversals ran 223 refusals turned into grants against 78 grants turned into refusals. Fingal's decisions were appealed most, 15% of them in the last 12 months, against 8% across the seven councils we index. Section 37 of the Planning and Development Act 2000 gives the applicant, and anyone who made a valid submission, four weeks to appeal. The Commission decides the application afresh. It can grant what the council refused, refuse what the council granted, or grant on different conditions.
Can I appeal if I did not object?
Generally no. Four groups may appeal. The applicant, against a refusal or against conditions. Any person or body that made a submission to the council in writing, with the €20 fee, inside the five-week window; the Commission asks for the council's acknowledgement of that submission with the appeal. Prescribed bodies such as An Taisce, where the council was obliged to consult them. And an owner or occupier of land adjoining the site who did not observe, who may apply to the Commission for leave to appeal under s.37(6) within four weeks of the decision. Leave is a safety valve for a grant that differs materially from what was applied for, or a condition that affects their land. It is not a second chance.
The four weeks
The appeal must be received by the Commission within four weeks beginning on the date of the council's decision. That is the date printed on the decision, not the date the letter arrived, and not the date of the final grant. If the last day is a Saturday, Sunday, public holiday or a day the Commission's office is closed, it runs to the next working day. A late appeal is invalid and the fee is returned. There is no discretion.
What the appeal must contain
Section 127 is strict and the Commission applies it strictly. The appeal states the appellant's name and address (and the agent's, if any); the subject matter, meaning the council, the register reference and the site; and the grounds of appeal in full, with the arguments and supporting material. "Grounds to follow" is not accepted. It carries the fee: €220 for an appeal by the applicant or a third party, more for commercial developments and retention (see the Commission's fee page). A third party attaches the council's acknowledgement of their submission. Anything missing at the four-week mark cannot be added afterwards.
Why 240 appeals a year fail on procedure
The Commission's 2023 annual report records that of the appeals disposed of that year, 431 were invalid, dismissed or withdrawn, and "240 of these cases were invalid … for example, late appeals, incorrect fees". Roughly one appeal in eight received was never read. The three causes are the ones above: late, the wrong fee, or a third party without the acknowledgement. A calendar and the fee page prevent all three.
Observations on someone else's appeal
If another party appeals, the applicant against a refusal say, anyone may make an observation on the appeal to the Commission for €50 within four weeks of the appeal being received (s.130). Parties to the appeal respond without a fee. This is how a neighbour who observed on the application, and is happy with the council's refusal, defends it when the applicant appeals. An oral hearing can be requested for €50; the Commission holds them at its discretion.
How long it takes, and how it is decided
The Commission's statutory objective under s.126 is 18 weeks from receipt. Its 2024 annual report, as reported by RTÉ, put the average at 41.7 weeks. An inspector visits the site, reads the file and the council's report, and writes a report with a recommendation. The Commission follows it in most cases, and says why when it does not. The inspector's report and the direction are published after the decision; we link them from every appeal page. The Commission can also decline to determine an appeal under s.138 where it is vexatious or made only to delay.
What the register shows
The Office of the Planning Regulator reports a national appeal rate of 5.9% of council decisions in 2024 and a reversal rate of 24%. Our figures, computed from the appeals we link to the Dublin registers, come out close.
The direction is the thing to read. In Fingal over the same 24 months, 76 council refusals became grants on appeal and 9 grants became refusals; in Dún Laoghaire-Rathdown the split was 46 against 29. A refused applicant who appeals wins far more often than a neighbour appealing a grant. That is selection more than bias. Applicants appeal when their consultant says the refusal is weak. Third parties appeal grants that were found acceptable once already.
Our reading: a third-party appeal against a grant is worth the €220 when the planner's report recommended refusal and the council granted anyway, or when the grant contravenes a written development-plan objective. Without one of those, spend the money on a planning consultant's hour before deciding.
What a strong third-party appeal looks like
It is on time, with the right fee and the acknowledgement. It is a planning argument: the development-plan objective breached, the standard not met, the daylight lost, the precedent refused nearby, with the evidence attached rather than promised. It engages with the planner's report on the council's file. It asks for something specific, refusal or the conditions that would make the scheme acceptable. It leaves out property values, the character of the applicant and private rights, which the Commission cannot consider either.
Check appeals near you
Every appeal we index has its own page with the council decision, the inspector's report and the direction; the Fingal place page and the Howth-Malahide page list the live ones. The deadlines page shows decisions still inside their four-week appeal window, and the Explorer shows them on the map.
Figures from the register on 12 September 2026 (live callouts refresh hourly); law checked 12 September 2026. Check with the council or a planning consultant before relying on this.
Frequently asked questions
How long do I have to appeal a planning decision in Ireland?
Four weeks beginning on the date of the council's decision (s.37 of the 2000 Act). The appeal must be received by An Coimisiún Pleanála by then.
How much does it cost to appeal to An Coimisiún Pleanála?
€220 for a normal first- or third-party appeal. An observation on someone else's appeal is €50, as is a request for an oral hearing. Commercial and retention appeals carry higher fees; see the Commission's fee page.
Can I appeal if I did not object to the application?
Generally no. Only the applicant and people who made a valid submission may appeal, apart from adjoining owners or occupiers who obtain leave under s.37(6).
How long does An Coimisiún Pleanála take?
Its statutory objective is 18 weeks from receipt of the appeal; its 2024 average was 41.7 weeks. Oral hearings, further information and environmental assessment extend it.
How often does the Commission overturn the council?
Nationally about a quarter of appeals (24% in 2024, per the Office of the Planning Regulator). The live figure for the Dublin registers is shown above, split by direction.
Sources
- 01Planning and Development Act 2000 (revised) — ss.37, 126–138https://revisedacts.lawreform.ie/eli/2000/act/30/revised/en/html
- 02An Coimisiún Pleanála — Fees for planning appealshttps://www.pleanala.ie/en-ie/fees/fees-appeals
- 03An Bord Pleanála — Annual Report and Accounts 2023 (240 invalid appeals, p.13)https://www.pleanala.ie/getmedia/330bb0e4-4ab2-409a-b5ec-14f7a8b2c813/Annual-Report-2023-Final-following-Auditor-cert-30-07-2023-English.pdf
- 04Office of the Planning Regulator — Planning in Numbers 2024 (appeal rate 5.9%, reversal rate 24%)https://publications.opr.ie/storage/publications/5Djf1963V9GuWjaHayZjJtHKOouwPCsIBCK3bXMQ.pdf
- 05RTÉ — An Coimisiún Pleanála annual report 2024, average 41.7 weeks to decidehttps://www.rte.ie/news/business/2025/1009/1537657-an-coimisiun-pleanalas-annual-report/
- 06Citizens Information — Appealing a planning decisionhttps://www.citizensinformation.ie/en/housing/planning-permission/appealing-planning-permission-decision/
General information about the Irish planning system, not legal advice. Published 12 September 2026, updated 12 September 2026. Live figures are computed from the PlanSight store when the page is built (at most an hour old); everything else is cited to the statute or the official page. Check with the council or a planning consultant before acting on a deadline.