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Appeals Frequently Asked Questions

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 its 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, the Minister 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.

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