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Planning Issues.

Dáil Éireann Debate, Wednesday - 26 January 2005

Wednesday, 26 January 2005

Questions (1263)

Charlie O'Connor

Question:

1330 Mr. O’Connor asked the Minister for the Environment, Heritage and Local Government the legal status of the €20 planning objections charge currently enforced by local authorities; the effect which recent European Court decisions have on the issue; and if he will make a statement on the matter. [1128/05]

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Written answers

On 23 January 2003, the European Commission issued Ireland with a reasoned opinion to the effect that the €20 fee for making a submission on a planning application which requires environmental impact assessment is contrary to the public participation provisions of Directive 85/337/EEC on environmental impact assessment, EIA. A reply issued to the European Commission on 16 May 2003, responding to each of the points raised in the reasoned opinion and setting out our contention that the imposition of a €20 participation fee is not in conflict with the provisions of the directive.

On 22 July 2003, the European Commission issued a press release in which it stated its intention to refer the case to the European Court of Justice. No official communication has been received from the Commission to date. I have no plans to amend the relevant regulations, which reflect an approach endorsed by the Oireachtas in the context of the Planning and Development Act 2000.

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