How to lodge an appeal
To lodge an appeal before the Environment and Land Use Appeal Tribunal, you or your representative must fill in the prescribed Notice of Appeal form, sign and date the form, and then file the documents at the Tribunal. The Notice of Appeal deposited should set the grounds of appeal concisely and precisely, not later than 21 days from the date of the decision under reference being notified to the party wishing to appeal. The Notice of Appeal should be accompanied by a statement of case and where necessary any witness statement.
1. Find the form you need:
2. Include all the details required on the prescribed form.
In accordance with Section 5 (aa) of the ELUAT Act, every Notice of Appeal shall be accompanied by:
• A statement of case; and
• Where necessary, any witness statement, with copy to all relevant parties
What is a statement of case:
A statement of case shall contain precisely and concisely:
• The facts of the case
• The grounds of appeal and the arguments relating thereto
• Submissions on any point of law; and
• Any other submissions relevant to the appeal
What is a witness statement:
Any witness statement shall contain a signed statement by a witness certifying that the witness statement faithfully reproduces the facts obtained from the examination of records, statements or other documents or from any source in relation to the appeal before the Tribunal.
3. Include the required documents with your Notice of Appeal.
For example a copy of the decision that you are appealing against (refusal letter), and any submissions you made during the Council process.
You will need to provide the Tribunal with the signed original form together with all attachments.
4. File your application at the Tribunal.
It is recommended that the documents be filed at the Registry of the Tribunal.