653J Appeal

Summary

This section sets out the appeal process open to a landowner dissatisfied with a local authority determination on their submission in respect of a draft or supplemental map.

Details

(1) An appeal of a local authority determination issued under section 653E in respect of submissions on a draft map must be made in writing to An Bord Pleanála by 1 May 2023.

(2) An appeal of a local authority determination issued under section 653H in respect of submissions on a supplemental map must be made in writing to An Bord Pleanála by 1 September 2023.

(3) In its deliberations, An Bord Pleanála will consider the local authority determination subject to the appeal and the grounds for appeal. It may consult with the owner, the local authority, Irish Water, the National Road Authority or other persons specified in article 28 of the Planning and Development Regulations 2001 within 21 days of the receipt of the appeal to obtain further information.

(4) A person consulted with under subsection (3) will provide the requested information within 21 days of receipt of the request.

(5) Having considered the determination made, the grounds for appeal and any information provided under subsection (3), An Bord Pleanála will make a decision on the matter under appeal. An appeal under section 653E will be decided upon by An Bord Pleanála not later than 16 weeks from the date of the notice of appeal. An appeal under section 653H will be decided upon by not later than 8 weeks from the date of the notice of appeal.

An Bord Pleanála may:

• confirm the local authority’s determination,
• set aside the local authority’s determination and allow the appeal, or
• partially confirm the local authority’s determination and set aside part of the local authority’s determination and allow the appeal in part.

(6) An Bord Pleanála will notify the owner and the local authority of its decision as soon as practicable after making its decision.

Relevant Date: Finance Act 2021