Air pollution appeals

Air Pollution Act licences are single media licences for certain industrial processes not included in the First Schedule of the EPA Act 1992 as amended, and are granted by local authorities  under the Air Pollution Act 1987 as amended.

The EPA is now responsible for processing Air Pollution Act licence appeals.  These appeals were previously processed by An Bord Pleanála but the responsibility transferred to the EPA on 31 August 2015 following the implementation of the Environment (Miscellaneous Provisions) Act 2015.

An appeal relating to a decision of a local authority to grant or, refuse a licence or revised licence,  shall be lodged to the EPA within the period of one month beginning on the date of the local authority’s decision. It should be noted that the scope of an appeal is limited to air pollution matters and does not extend to planning issues.

An appeal shall:

• be made in writing,
• state the subject matter of the appeal,
• state the grounds of appeal, and
• be accompanied by a fee (€60)

• anyone who makes a valid appeal can request an oral hearing. A request must include €60 fee (in addition to the appeal fee)

Please note: the EPA fees should be made by cheque, postal order or bank draft, made payable to the EPA.

Submissions or observations

Any person can make a submission or observation on any appeal received by the EPA. The fee is €10. This fee does not apply to a party to an appeal who makes a submission or observation.

Submissions or observations made to the Agency may be made available to the public. Please be aware that statements included in submissions or observations, that could be viewed as defamatory could result in legal proceedings against the person who made that statement. Please note that if proceedings are brought against the Agency for any allegedly defamatory statements made, the Agency may seek indemnity from the person who made that statement. Please limit submissions or observations to points of relevance to the decision to be made by the Agency.

Where the EPA has determined that an Appropriate Assessment is required, submissions or observations on Appropriate Assessment concerning an appeal can be made in writing to the Agency. Such submissions or observations may be made for at least 30 days after publication on the Agency’s website of the Notice for Public Consultation on Appropriate Assessment or for whatever longer timeframe is set out in the notice. There is no fee for submissions or observations on Appropriate Assessment.

You can view documents relating to Air Pollution Appeals under assessment that have been screened in for Appropriate Assessment below:

For further information in relation to these appeals, and the appropriate fee payable, and the Judicial Review process, please refer to the following:

• Air Pollution Act 1987, as amended
• S.I. No. 266/1988 of the Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988
• Guide to fees payable to the EPA for Air Pollution Appeals
• Judicial Review Notice

You can view the details of the EPA's Decisions on Air Pollution Appeals below: 

If you would like to submit an appeal under the Air Pollution Act 1987, as amended, please forward it to the Environmental Licensing Programme at: 

Office of Environmental Sustainability
PO Box 3000
Johnstown Castle Estate
Co Wexford

Tel: 053 9160600
Lo-call: 0818 33 55 99  

Fax: 053 91 60699

Email: licensing@epa.ie