Dáil Éireann díospóireacht -
Thursday, 16 Oct 2003

Vol. 572 No. 5

Adjournment Debate. - Planning Issues.

Eamon Gilmore

Ceist:

11 Mr. Gilmore asked the Minister for the Environment Heritage and Local Government the response he has received to submissions made by the Government responding to the Reasoned Opinion from the European Commission that the ?20 fee for making a submission on a planning application was illegal; if the issue is now to be referred to the European Court of Justice; if he intends to suspend the charge following further determination of this issue; and if he will make a statement on the matter. [23568/03]

Minister for the Environment, Heritage and Local Government (Mr. Cullen):

On 23 January 2003, the European Commission issued Ireland with a Reasoned Opinion to the effect that the €20 fee for the making of 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 responding to each of the points raised in the Reasoned Opinion issued to the European Commission on 16 May 2003 stating 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 they stated their 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 proposal to amend the relevant regulations which reflect an approach recently endorsed by the Oireachtas in the context of the Planning and Development Act 2000.