Dáil Éireann Debate, Tuesday - 30 May 2023
421. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage his views on the rate of fees payable for persons who wish to submit planning observations; and his views on whether the rate is consistent with the aims of the Aarhus Convention, in particular. [26285/23]
View answerPublic participation is an important element of all substantive decision-making processes under the Planning and Development Act 2000, as amended (the Act), and is also a requirement under the UN Aarhus Convention on Access to Information, Public Participation on Decision Making and Access to Justice in Environmental Matters (the Aarhus Convention) and the European Union Environmental Impact Assessment Directive 2011/92/EU in relation to specific types of developments.
In Ireland, it is open to any member of the public to make an observation or submission on a planning application and the planning authority is statutorily obliged to consider such submissions before making a decision on the application.
Section 33 of the Act, provides that the Minister may make regulations in relation to the planning fees applied by planning authorities, including in relation to the making of a submission or observation on a planning application. The current planning related fees payable to planning authorities have been in place since 2002
Persons who make submissions are also entitled to be notified of any significant further information provided to the planning authority by the applicant and to be notified of the authority’s decision on the application. Furthermore, any person who made a submission on a planning application may appeal the planning authority’s decision on the application to An Bord Pleanála or may make a submission to the Board in relation to an appeal of that decision.
Under section 144 of the Act 2000, An Bord Pleanála may determine fees that may be charged, subject to Ministerial approval, in relation to any case that is within its jurisdiction. The relevant statutory provisions also provide that the Board shall review the approved fees from time to time but must undertake a review, based on changes in the Consumer Price Index (CPI), at least every three years and can adjust fees up or down within CPI change limits without the necessity for Ministerial approval.
The fees payable by members of the public to participate in the planning decision-making process are set at a level that, as well as contributing towards the cost of processing applications and appeals, discourages frivolous or vexatious submissions without hindering genuine public participation. In addition, the Board has discretion to dismiss an appeal where it is satisfied that the appeal is vexatious, frivolous or without substance or foundation, or where the 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.
It should be noted that in November 2006 the European Court of Justice (case number c-216/05) ruled in Ireland’s favour that fees charged for local authority submissions and procedures before An Bord Pleanála were compatible with the EIA Directive 2011/92/EU, as they were not set at a level too high to discourage public participation and were not an obstacle to the effectiveness of the Directive.
I am satisfied that the current arrangements in relation to public participation in decision-making contribute significantly to the openness and transparency of the planning process and I have no proposals to amend the legislation in this regard.
