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  • Pleanála: Appeal Guide
    and oral hearing requests at least every 3 years You should always check the latest position to ensure that you know the current applicable fee Please refer to the Board s Guide to Fees payable to the Board for information on current fees 9 Can I see the planning authority file before appealing Yes The planning authority will make available for public inspection the planning application and any submissions or observations received in relation to the application at its offices as soon as may be after they are received Within 3 working days of its decision the planning authority will also make available for public inspection at its offices the complete application and any additional information supplied by the applicant its own reports on the application its decision and notification of this to the applicant and any other person or body who made submissions or observations in relation to the application 10 Can I get copies of documents relating to a planning application Yes Copies of the documents referred to at 9 above may be purchased from the planning authority at a reasonable cost 11 Are there certain decisions or conditions of a planning authority on a planning application which cannot be appealed There is no appeal to the Board where a planning authority decides to refuse permission on the basis of past failures of a developer or a related person to comply with a previous permission and the High Court does not annul that decision There is no appeal to the Board against a decision to grant permission consequent on the grant of outline permission in respect of any aspect of the decision which was decided in the outline permission Generally there is no appeal to the Board in relation to conditions against financial contributions imposed under Development or Supplementary Development Contribution Schemes However appeals are permitted against special contribution conditions imposed by a planning authority and appeals are also permitted where a developer considers that the terms of a Development or Supplementary Development Contribution Scheme were not properly applied In such cases where there is no other appeal against the decision of the planning authority the Board can only deal with the matter under appeal see question 20 and the planning authority shall make the grant of permission notwithstanding the appeal to the Board provided that the person taking the appeal furnishes to the planning authority security for payment of the full amount of the contribution or special contribution as appropriate 12 Can I make my views known to the Board without appealing Where an appeal has already been made any person other than a party to the appeal can become an observer and make submissions or observations on the appeal A copy of the appeal can be seen at the planning authority s office The time limit for such submissions or observations is a four weeks beginning on the day of receipt of the appeal by the Board or the last appeal where more than one is made or b in a case where an Environmental Impact Statement has been requested and received by the Board four weeks beginning on the date of publication of notice of same or c where the Board requested the applicant to publish a further site or newspaper notice four weeks beginning on the date of publication of same So in the case of a above if an appeal is received on Wednesday 2 nd of a month the last day for receipt of submissions or observations on the appeal by an observer is Tuesday 29 th not Wednesday 30 th of the same month The Board s website has a calendar facility to assist in calculating the last day for making a submission observation See also questions 29 30 and 31 regarding time limits Should the appeal or all the appeals where there is more than one be withdrawn by the person s who made it the decision of the planning authority will stand and your submission will lapse 13 How may I make my views known to the Board An observer should submit his her submissions or observations in writing by sending them by post to The Secretary An Bord Pleanála 64 Marlborough Street Dublin 1 or delivering them to the Board s offices Office hours are 9 15a m to 5 30p m on Monday to Friday except on public holidays and other days on which the offices are closed 14 What must I include with my submissions or observations Your own name and address which must be clearly stated Where an agent makes the submissions or observations on your behalf he she must stateclearly his her own name and address and your name and address The subject matter of the submissions or observations you must give sufficient details to enable the Board to readily identify the application appeal e g a copy of the planning authority decision or the appeal reference number The full grounds of the submissions or observations and supporting material and arguments The Board cannot take into consideration any further unsolicited submissions after the initial submissions or observations are received except information specifically requested by the Board and the Board cannot consider non planning issues Please refer to the Board s Guide to Fees payable to the Board for information on current fees www pleanala ie news newfees doc 15 If my appeal or observation is invalid can I re lodge the appeal or observation If you comply fully with ALL the requirements at the time you re lodge the appeal or observation then it will be accepted The requirements are that the appeal or observation must be received within time see question 3 or 12 as appropriate be made correctly see question 4 or 13 and must include all the information and documents see question 5 or 14 when it is re lodged Even if a fee correct or not was lodged with the invalid appeal or observation the full fee must always accompany the new appeal or observation Where the time limit has not expired for re lodging a fresh appeal or observation the Board can not guarantee that it will notify appellants or observers in sufficient time that would allow a fresh appeal or observation to be made within the statutory time limit 16 Can I ask for an oral hearing A party applicant planning authority and appellant to the appeal not an observer may request an oral hearing provided the correct non refundable fee is paid in addition to the appeal fee The appellant must make the request within the period for lodging the appeal but where a party to an appeal other than an appellant is sent a copy of an appeal he she may make the request within four weeks from the date the copy is sent to him her If you request an oral hearing you still must state your grounds of appeal in full and comply with the other legal requirements when lodging your appeal The Board has absolute discretion to hold an oral hearing with or without a request from a party and will generally only hold one where this will aid its understanding of a particularly complex case or where it considers that significant national or local issues are involved The Board may also direct the holding of an oral hearing to determine whether an appeal is made with the sole intention of delaying development or of securing the payment of money gifts considerations or other inducement by any person 17 What happens next The Board sends a copy of the appeal to the planning authority in the case of a third party appeal to the applicant and any other appellant These have four weeks to submit their views The Board cannot consider any views that are late and no party is allowed elaborate on his her views in writing once they have been submitted to the Board 18 What does the Board take into consideration when deciding an appeal Generally the Board is required to consider the planning application the subject of the appeal de novo i e as if the application had been made to it in the first instance and the EIS if any The Board will determine the application on the basis of the proper planning and sustainable development of the area and the effects if any the proposed development would have on the environment The Board must have regard to such matters as the policies and objectives of the local development plan Ministerial planning guidelines regional planning guidelines the National Spatial Strategy the policies and objectives of the Government and the national interest In addition the Board must consider the grounds of appeal the decision of the local planning authority any submissions or observations made to the planning authority and or the Board in relation to the application and the appeal as appropriate and the report and recommendation of the Board s inspector on the appeal 19 How does the Board ensure fair play for all Where the Board considers it appropriate in the interests of justice it can ask any party observer or any other person or body to make submissions or observations on any matter that has arisen in the appeal This will allow the Board for instance to seek comment on any significant new matter arising in the appeal The Board also has powers to require any party or observer to submit any document information etc which it considers necessary The Board will specify a time limit minimum 2 weeks for submission of the invited material and this limit will be strictly enforced 20 Can the Board consider matters which have not been raised in the appeal Yes As stated at 18 above the Board is generally required to consider the application de novo Except in the circumstances as outlined in question 21 following all the relevant planning issues relating to the application are considered by the Board in its determination of the appeal whether or not they were raised by the planning authority other parties or any observers As stated at 19 above if a new issue arises the parties and observers will be given an opportunity to comment on these 21 In what circumstances may the Board not consider the application de novo Where an appeal relates to conditions only which are attached to a decision of a planning authority to grant permission and there is no other appeal the Board may use its discretionary powers not to consider the application de novo Instead it may issue directions to the planning authority to amend remove or attach new conditions to the decision Where it decides not to use its discretionary powers the Board may either grant or refuse permission for the development even where conditions only are appealed However see answer 11 c relating to Development and Supplementary Contribution Scheme conditions and special contributions where different provisions may apply 22 Can the Board contravene the provisions of the local Development Plan Yes The Board while obliged to have regard to the provisions of a local development plan may contravene such provisions in certain circumstances In circumstances where the planning authority decides to refuse permission on the grounds that the proposed development materially contravenes the Development Plan the Board may grant permission on appeal but only if it considers that the proposed development is of strategic or national importance or there are conflicting objectives in the Development Plan or the objectives are not clearly stated insofar as the proposed development is concerned or permission should be granted having regard to regional planning guidelines for the area Ministerial guidelines Ministerial policy directives the statutory obligations of any local authority in the area and any relevant policy of the Government or any Minister of the Government or permission should be granted having regard to the pattern of development and permissions granted in the area since the making of the Development Plan The Board can of course refuse permission for other reasons even where the proposed development would be in accordance with the provisions of the local Development Plan 23 What is the time limit for deciding appeals The Board s statutory objective is to decide or dispose of appeals within 18 weeks However where the Board does not consider it possible or appropriate to reach a decision within 18 weeks e g because of delays arising from the holding of an oral hearing it shall inform the parties of the reasons for this and shall state when it intends to make the decision 24 What type of decision can the Board make and will I be informed of it Generally a decision will be made either to grant permission outline permission permission consequent with or without conditions or to refuse permission outline permission However see question 21 above which refers to other types of decisions the Board may make All parties and observers involved in the appeal will be notified of the decision by post A copy of the Inspector s Report the Board s Direction e g whether to grant or refuse what conditions if any should be attached to a permission other instructions etc and the Board s decision order are posted on the Board s website at www pleanala ie The reasons and considerations for the Board s decision will be included in the decision order and in any case where the Board does not accept the Inspector s recommendation in relation to granting or refusing permission the main reasons for not accepting it 25 Is the Board s Decision Final Yes No challenge may be made to the decision other than to its legal validity A person wishing to challenge the validity of a Board decision may do so by way of judicial review only Sections 50 50A and 50B of the Planning and Development Act 2000 as substituted by section 13 of the Planning and Development Strategic Infrastructure Act 2006 as amended substituted by sections 32 and 33 of the Planning and Development Amendment Act 2010 and as amended by sections 20 and 21 of the Environment Miscellaneous Provisions Act 2011 contain provisions in relation to challenges to the validity of a decision of the Board The validity of a decision taken by the Board may only be questioned by making an application for judicial review under Order 84 of The Rules of the Superior Courts S I No 15 of 1986 Sub section 50 6 of the Planning and Development Act 2000 requires that subject to any extension to the time period which may be allowed by the High Court in accordance with subsection 50 8 any application for judicial review must be made within 8 weeks of the decision of the Board It should be noted that any challenge taken under section 50 may question only the validity of the decision and the Courts do not adjudicate on the merits of the development from the perspectives of the proper planning and sustainable development of the area and or effects on the environment Section 50A states that leave for judicial review shall not be granted unless the Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed and that the applicant has a sufficient interest in the matter which is the subject of the application or in cases involving environmental impact assessment is a body complying with specified criteria Section 50B contains provisions in relation to the cost of judicial review proceedings in the High Court relating to specified types of development including proceedings relating to decisions or actions pursuant to a law of the state that gives effect to the public participation and access to justice provisions of Council Directive 85 337 EEC i e the EIA Directive and to the provisions of Directive 2001 12 EC i e Directive on the assessment of the effects on the environment of certain plans and programmes The general provision contained in section 50B is that in such cases each party shall bear its own costs The Court however may award costs against any party in specified circumstances There is also provision for the Court to award costs of proceedings or a portion of such costs to an applicant against a respondent or notice party where relief is obtained to the extent that the action or omission of the respondent or notice party contributed to the relief being obtained General information on judicial review procedures is contained on the following website www citizensinformation ie Disclaimer The above is intended for information purposes It does not purport to be a legally binding interpretation of the relevant provisions and it would be advisable for persons contemplating legal action to seek legal advice 26 Can I be sued for comments made in an appeal or other submission Yes Participants in cases before the Board should be aware that comments involving allegations of any kind against a named or otherwise identifiable person or organisation may be viewed as defamatory by the subject of the comments Participants may be sued directly for any defamatory allegations in any appeal or submission and should avoid making such allegations Any submissions made to the Board are generally circulated and or made available for public inspection All material relevant to any case determined by the Board becomes available for public inspection following the Board s decision Please note that in the event of any potentially defamatory allegation giving rise to legal action against it the Board may seek indemnity from the person making the allegation It should be understood that the Board is only concerned with issues relevant to the proper planning and sustainable development of the area and that personalised comments are generally not relevant to its deliberations The same general principles apply to comments or submissions made at oral hearings 27 Can the Board dismiss appeals Yes The Board has discretion to dismiss an appeal where it is satisfied the appeal

    Original URL path: http://www.pleanala.ie/guide/appeal_guide.htm (2015-10-30)
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  • Pleanála:
    Rights Act 2000 provides that where material is open for public inspection pursuant to a statutory requirement or is on a statutory register the copyright is not infringed by the copying or making available to the public of that material for the purposes of enabling the material to be inspected at another time or place However the Copyright Act also provides that where material is copied in those circumstances the person granting access to the material should ensure that it bears a mark clearly indicating that it is provided for the purpose of inspection and that no other use may be made of the material without the licence of the copyright holder The Act also requires that the person requesting such material must sign a declaration to the effect that the material is required solely for the purpose of inspection Documents from files which are subject to the Act cannot be released without the signed declaration Such documents would include drawings plans and maps They do not include the Board s decision direction or the inspector s report 7 Is the Board s decision final A person wishing to challenge the validity of a Board decision may do so by way of judicial review only Sections 50 50A and 50B of the Planning and Development Act 2000 as substituted by section 13 of the Planning and Development Strategic Infrastructure Act 2006 as amended substituted by sections 32 and 33 of the Planning and Development Amendment Act 2010 and as amended by sections 20 and 21 of the Environment Miscellaneous Provisions Act 2011 contain provisions in relation to challenges to the validity of a decision of the Board The validity of a decision taken by the Board may only be questioned by making an application for judicial review under Order 84 of The Rules of the Superior Courts S I No 15 of 1986 Sub section 50 6 of the Planning and Development Act 2000 requires that subject to any extension to the time period which may be allowed by the High Court in accordance with subsection 50 8 any application for judicial review must be made within 8 weeks of the decision of the Board It should be noted that any challenge taken under section 50 may question only the validity of the decision and the Courts do not adjudicate on the merits of the development from the perspectives of the proper planning and sustainable development of the area and or effects on the environment Section 50A states that leave for judicial review shall not be granted unless the Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed and that the applicant has a sufficient interest in the matter which is the subject of the application or in cases involving environmental impact assessment is a body complying with specified criteria Section 50B contains provisions in relation to the cost of judicial review proceedings in the High Court relating to

    Original URL path: http://www.pleanala.ie/about/procedures_publicaccess.htm (2015-10-30)
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  • Pleanála:
    be accessed in a particular form or manner It is not necessary to state why a request is being made Time Limits on Decisions Following a Request An Bord Pleanála is required to respond to any AIE request not later than one month from the date on which the request was received except in cases where it informs the person making the request prior to the expiration of that period that it is unable to so do because of the volume or complexity of the environmental information requested In a case where the decision is deferred the notice to the person making the request must specify the date when a decision will be made and this shall be not later than 2 months from the date of receipt of the request Where a decision is not notified to the applicant within the relevant period a decision refusing the request shall be deemed to have been made by An Bord Pleanála on the date of expiry of the period Decision on a Request An Bord Pleanála is entitled to refuse a request in whole or in part on the basis inter alia that it would adversely affect the confidentiality of personal information or the confidentiality of the proceedings of An Bord Pleanála where such confidentiality is otherwise protected by law or where a request concerns material in the course of completion It can also refuse a request on the basis that the request is manifestly unreasonable having regard to the volume or range of information sought or that a request is formulated in too general a manner Where a request is refused the reason s for refusal will be stated in the notification of same and will also indicate that an internal review of the decision can be requested Internal Review of a Decision Where a request for access to information has been refused in whole or in part the person making the request can request An Bord Pleanála to review this initial decision Any such review request must be made not later than one month following receipt of the initial decision It should also be noted that the review is carried out by a person unconnected with the original decision A request for an internal review should be addressed to Access to Information on the Environment Review Officer An Bord Pleanála 64 Marlborough Street Dublin 1 Phone 01 858 8100 Fax 01 872 2684 Email aie pleanala ie An Bord Pleanála must notify you of the review decision within one month from receipt of the request for internal review The Internal Review Officer can affirm vary or annul the initial decision on the request and where appropriate require the release of environmental information Appeal to the Commissioner for Environmental Information An appeal can be made against the internal review decision to the Commissioner for Environmental Information not later than one month after the receipt of that decision or deemed decision or within such extended time limit as may be determined

    Original URL path: http://www.pleanala.ie/about/aie.htm (2015-10-30)
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  • Pleanála: Freedom of Information
    Contact Help Freedom of Information How to get information under the Freedom of Information Act Request form for Access to Records under the FOI 150 KB PDF format Reference Book under section 15 of the FOI 220 KB PDF format

    Original URL path: http://www.pleanala.ie/about/foi/index.htm (2015-10-30)
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  • An Bord Pleanála: Projects of Common Interest
    find all documents relating to Projects of Common Interest PCI cases As yet PCI0001 the EirGrid North South Interconnector Project is the only live PCI There is a total of eighteen PCIs in Ireland details of which can be found on the Union List EirGrid North South Interconnector Project DAF November 2014 EirGrid North South Interconnector Project DAF March 2015 EirGrid North South Interconnector Project Application File June 2015 EirGrid

    Original URL path: http://www.pleanala.ie/PCIOverview.htm (2015-10-30)
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  • Pleanála: Appeal Form
    are not applicable to the making of submissions or observations Over Notes See Check List above 1 Rules for Making Appeals You are advised to check the latest version of A Guide to Making a Planning Appeal issued by the Board It is available from the Board telephone 01 858 8100 and on our website www pleanala ie It may also be available from your planning authority A significant number of appeals are invalid because they are not made in accordance with the statutory rules 2 Appeal Fees You are advised to check the appropriate fee for making an appeal Different fees apply depending on the nature of the appeal A leaflet Guide to Fees payable to the Board is available from the Board telephone 01 858 8100 and on our website www pleanala ie It may also be available from your planning authority Note that appeal fees may change from time to time A significant number of appeals are invalid either because no fee or an incorrect fee is included 3 Time Limits The time limit for making an appeal is except where the appeal is made following a successful application for leave to appeal four weeks beginning on the date of the planning authority decision not the day it is sent or received Day one is the day the planning authority decision is made For example if the decision of a planning authority is made on Wednesday 2 nd of a month the last day for receipt of the appeal is Tuesday 29 th of the same month NOT Wednesday 30 th There are special rules where the last day falls on a day the Board s offices are closed or where the appeal period falls over the Christmas New Year period See calendar facility on the Board

    Original URL path: http://www.pleanala.ie/guide/appeal_form.htm (2015-10-30)
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  • Pleanála: Planning and Developments Act 2000, as amended
    it is appropriate to allow submissions to be made at the hearing involving issues which have not been raised already in written submissions The Inspector may also raise such issues The Inspector has powers to hear evidence under oath but this is rarely used An Inspector may adjourn an oral hearing He she may do so where significant submissions have been made which require time to be assimilated The Inspector however will be anxious that the oral hearing should be completed in an expeditious manner and in a reasonable time scale 8 Standards of Behaviour Offences Proper standards of behaviour are expected from all persons attending oral hearings This will include maintaining a polite and courteous approach at all times The ruling of the Inspector in relation to the conduct of the hearing including the order of speakers tone and manner of questioning of witnesses time allowed to speak interjections etc must be accepted by all participants It is an offence under section 135 7 b of the 2000 Planning Act by act or omission to obstruct or hinder the Inspector in the performance of his her duties and there are severe penalties laid down for persons convicted of such offences Where the obstruction or hindrance causes a delay in the oral hearing the courts may in addition order a person convicted on indictment to pay to the Board or any party or person who appeared at the oral hearing the additional costs arising from the delays concerned The courts may also order costs to be paid by anybody with whose consent connivance or approval the offence was committed The Inspector may in accordance with section 252 8 of the Act request a Garda to assist him her in the exercise of his her duties and the Garda shall comply with the request Generally oral hearings are held in a businesslike manner and the standard of behaviour from participants is professional This assists all concerned in having the hearing conducted in an effective and efficient manner Where however a person does not desist from hindering or obstructing the hearing following a warning the Inspector will exercise his her power under section 252 8 of the 2000 Planning Act and have the person removed from the hearing In addition the Board will consider initiating action under 135 7 b of the Act with a view to having the person prosecuted 9 Order of Speakers Submissions 1 In appeals and referrals in opening the hearing and taking note of the appearance of relevant persons the Inspector may give a brief summary of the development proposed the planning authority and the observations received The Inspector will also indicate the order of presentations and consider any particular requests concerning this order In applicant first party appeals the applicant will generally be heard first then the planning authority and then other appellants and observers if any Where appeals involve third parties the order of presentations may differ at the discretion of the Inspector the common alternatives being applicant planning authority third party appellants and observers applicant third party appellants and observers planning authority or third party appellants applicant planning authority and observers The Inspector may irrespective of the general order of appearance ask the applicant to start the proceedings with a summary of the facts and display of drawings relating to the development in order to facilitate the understanding of the development proposed On conclusion of all evidence and of questioning of witnesses parties will be permitted a short summing up usually in reverse order to their original submissions The summing up should not raise any new points issues or new legal arguments 2 In the case of oral hearings in relation to strategic infrastructure development the applicant will generally be heard first followed by the planning authority authorities prescribed invited bodies and other observers 3 The Inspector may vary the above order of presentation in any particular case Questioning of certain speakers particularly expert witnesses may be allowed immediately after such speakers have given their evidence However the Inspector may determine that such questioning should be left to the end of the full submission of the relevant party or alternatively until after all the parties and observers if any have presented their submissions on the basis that possible questions are frequently answered during the submissions of other witnesses In complex cases the Inspector may determine that the presentations can be subdivided into a number of identified separate issues or modules and in such cases the above procedure would apply to each separate issue or module in turn with concluding statements being allowed at the end of the overall hearing 10 Who may Question Witnesses and How The Inspector will normally allow parties to an appeal to ask questions directly of the presenters of evidence of the other parties Observers would not normally question witnesses directly but occasionally where the Inspector deems it appropriate a group of observers may be allowed to question witnesses directly through one or two agreed representatives or alternatively their questions may be asked by the Inspector The degree and intensity of questioning will be controlled by the Inspector to elicit an acceptable level of information and views without harassment of the witness or inappropriate questions being asked Expert witnesses giving technical evidence should indicate their professional qualifications and relevant experience However the Inspector will not permit undue investigation of the background of any witness Cross questioning should not be used by participants to make statements of their case but is intended to allow the participants to examine the relevance of matters raised in the submissions 11 Submissions of Documents Evidence All relevant documentation submitted to the Board in relation to the application appeal or other case with the exception of documentation already in the public domain i e documents re the planning application to the planning authority will have been made available for inspection and purchase at the offices of the planning or local authority and the Board at least

    Original URL path: http://www.pleanala.ie/publications/2012/oh_procedures.htm (2015-10-30)
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  • Pleanála: A Guide to Public Participation in Strategic Infrastructure Developmen
    under regulations we would have the authority to dictate We would then factor weekend opening Christmas period into the relevant period and delete all references to those periods in the public notice Non local authority cases which are subject to pre application consultation will adopt this approach Q17 Is there provision for meetings and oral hearings Yes The Board has an absolute discretion whether to hold an oral hearing of any strategic infrastructure development case The Board may not direct the holding of an oral hearing in all cases particularly where the Board considers that the nature of the issues arising can be adequately and appropriately assessed by way of written submissions Where an oral hearing is to be held the inspector has discretion as to the conduct of the hearing In addition the Board may at its absolute discretion given the nature of the proposed development and issues arising consider directing a limited agenda for the oral hearing All parties will be notified in writing by the Board should such a direction be made see Q20 below The Board may also hold a meeting with the applicant and in certain cases other bodies persons who in the opinion of the Board may have relevant information A record will be kept of these meetings and made available for public inspection and purchase The Board may decide to hold an oral hearing and a meeting s in the same case Where a meeting is called it may be held either before or after the oral hearing Q18 Is there a fee for making a submission to the Board Yes The Board has set a fee of 50 for the making of a submission to it in relation to an application for strategic infrastructure development Where the Board invites further submissions no additional fee will be charged where the person making the submission has already paid a fee Q19 If I did not make a submission to the Board in the period allowed for making submissions can I be heard at the oral hearing if an oral hearing is heard There is no automatic right However the inspector conducting the oral hearing has discretion to hear a person who did not make submissions to the Board if it is considered appropriate in the interest of justice to allow the person to be heard Any such person who is allowed to make a submission shall be required to pay the appropriate fee Q20 Are there procedures or guidelines for conducting oral hearings Yes An Oral Hearing Procedures document is available from the Board and on its website which sets out the main procedures involved The main points to note are that the inspector has discretion as to the conduct of the hearing but must conduct the hearing expeditiously and without undue formality He she may limit the time within which any person may make points or arguments or may refuse to allow a point or argument not relevant to the hearing or that is repetitious This is particularly relevant in cases where there may be a large number of people wishing to make a submission to the oral hearing The Board may at its absolute discretion and following a recommendation of the inspector direct the holding of a limited agenda oral hearing where only specified matters relating to a case are discussed It is important to note that regardless of whether or not an oral hearing is held or of the type of oral hearing held all written submissions received will be taken into account in the assessment and decision of the Board It is an offence to obstruct or hinder a person conducting a hearing A court can impose severe penalties where a person is convicted of such an offence In addition the court can order the convicted person or anybody with whose consent connivance or approval the offence was committed to pay to the Board or any other person who appeared at the oral hearing their additional costs ensuing from the obstruction or hindrance Q21 Can I request an oral hearing Yes The applicant and any person who makes submissions to the Board in relation to the application can request the holding of an oral hearing No additional fee over and above the application fee or the fee for making submissions or observations is payable unlike in the case of planning appeals Q22 Can the Board seek additional information Yes The Board has extensive power to request additional information from the applicant and others in relation to the application It may request a revised EIS or revised NIS from the applicant and may request further submissions from the applicant persons who made submissions in relation to the application or any other person including prescribed bodies who may have relevant information Where a revised EIS NIS or further information which in the opinion of the Board contains significant additional information on the effects of the proposed development on the environment is received the Board will make the EIS NIS further information available for inspection invite further submissions to be made within a specified period and give notice of those matters Parties should note that any request for further information is at the absolute discretion of the Board The availability of such powers to the Board does not in any way negate the requirement for all parties to make their full and complete submissions on the case at the outset as described in the preceding paragraphs This will assist in avoiding delay in the processing of the application Q23 What does the Board take into consideration when determining an application Strategic infrastructure development will be decided on the same basis as normal planning appeals e g the proper planning and sustainable development of the area and the effects if any the proposed development would have on the environment and where applicable a European site The Board will have regard to such matters as the policies and objectives of the local development plan s

    Original URL path: http://www.pleanala.ie/sid/sidpp.htm (2015-10-30)
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