The final stage of the planning application process is not necessarily the swiftest or simplest. Different outcomes can unfold, depending on the local authority’s view of the proposed scheme and how it has been presented. A successful outcome of the planning application process can boil down to the strength of the application made by the applicant and their design team.
In the most favourable case, the local authority greenlights the project by granting permission, and no member of the public or public body lodges an appeal against the decision to An Coimisiún Pleanála. Whilst in the case of large-scale schemes a grant of permission without any conditions attached is somewhat rare, its occurrence signals a clear path for the project to move into the detailed design and construction phase.
Alternatively, local authorities may grant a scheme with conditions, which may be appealed by the applicants themselves. Authorities may also request additional/further information to make a final decision.
ℹ An Coimisiún Pleanála, formerly An Bord Pleanála, is Ireland’s independent national planning body, dealing with planning appeals as well as direct applications for strategic infrastructure and other developments. In Ireland, planning appeals against local authority decisions are made to this body. During the period of Strategic Housing Development (SHD) applications, qualifying applications were made directly to the national planning body, bypassing the local authority.
This SHD process was discontinued for new applications and replaced by the Large-scale Residential Development (LRD) process, under which qualifying developments, including schemes of 100 or more homes, are submitted to the relevant local planning authority.
Planning appeals
A refusal of planning permission by the local authority will generally result in a redesign and resubmission of an updated scheme – which will consider the reasons for its original refusal – or in an appeal to An Coimisiún Pleanála by the applicant. In this last case, An Coimisiún Pleanála can uphold or overturn the decision.
Both the applicant (first party) and the public (third party) have a four-week timeframe to contest or appeal a decision to ABP. An inspector will then examine the appeal application and compile a report for the board of the statutory body.
It’s worth mentioning that all parties involved in the planning application, including the local authority, the applicant, and the public participants, will receive a copy of the appeal. An Coimisiún Pleanála has a period of 18 weeks to make a decision on most planning appeals. For LRD appeals where no oral hearing is held, the current period is 16 weeks.
Despite an applicant receiving planning approval for their scheme, and successfully navigating an appeals process, they may have one more hurdle to jump… A judicial review (JR).
Judicial reviews
Different from an appeal, a judicial review challenges the legality of the process by which a decision was reached by the local authority or An Coimisiún Pleanála, bringing the matter before the High Court. Since the reformed Part 9 judicial review procedure came into effect in 2026, the previous leave stage has been removed and applicants must instead meet the relevant requirements, including demonstrating a sufficient interest in the matter. An application must generally be made within 8 weeks of the decision being challenged, with the Court considering whether the decision-making process was legally sound rather than reassessing the planning merits of the development. In appropriate cases, the High Court may now also allow an error to be corrected or part of a decision to be addressed, rather than simply upholding or quashing the decision in full.
💡 Pro tip: To successfully navigate the complex process of obtaining planning permission, as outlined in this article, it’s imperative to collaborate with experienced professionals. A strong design and planning team can be the difference between a successful outcome and a refusal It is also imperative that all planning documentation, especially given the increasing volume in recent years, is carefully checked before submission to ensure the submission is validated by the local authority.
Timescale of planning decisions and appeals:
- Local authority decision: Up to 8 weeks from time of submission.
- Time frame for the local authority to request further information: Within 8 weeks of the submission.
- Time frame for public members or applicants to appeal a decision: Within 4 weeks of the decision being made.
- An Coimisiún Pleanála review and decision: up to 18 weeks for most planning appeals.
- Timeframe for any person or public entity to apply for a judicial review: Within 8 weeks of a decision being made.
- JR hearing and outcome: Timeframe varies depending on the complexity of the case and court scheduling.
Conclusion
As highlighted at the beginning of this article series, the planning application process in Ireland has become a focal point of intense debate in recent years. The complexity and multilayered nature of the system have undoubtedly impacted the construction and delivery of new developments.
The planning framework is now undergoing significant reform through the phased implementation of the Planning and Development Act 2024, including the establishment of An Coimisiún Pleanála and changes to areas such as plan-making, decision-making and judicial review. As further provisions come into effect, the way planning applications and appeals are processed will continue to evolve.
Given this changing landscape, it’s crucial for applicants to fully understand the framework of the planning process and all the various guidelines, steps and challenges it contains. This knowledge enables them to put together a solid planning application, an essential component in securing permission and mitigating the risk of public appeals or judicial reviews. By taking this comprehensive approach, and by working alongside trusted, experienced professionals, applicants can increase the chance of success for approval of their developments. This not only addresses the current housing challenges but also brings tangible benefits to local communities.
Read the full series!
- First stage: The importance of the feasibility studies
- Second stage: Design, pre-planning, and public consultation
- Third stage: Full planning application submission
- Fourth stage: The planning decision
Author:
Lucas Imbimbo
Digital Marketing Specialist
at 3D Design Bureau
lucas@3ddesignbureau.com
