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Planning Issues.

Dáil Éireann Debate, Wednesday - 29 September 2004

Wednesday, 29 September 2004

Ceisteanna (1016, 1017, 1018, 1019, 1020)

Breeda Moynihan-Cronin

Ceist:

1197 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the amount accrued to each of the local authorities since the introduction of the €20 fee charged on those making submissions or objections to planning applications; if he would consider abolishing this charge in the light of legal objections from the EU; and if he will make a statement on the matter. [21502/04]

Amharc ar fhreagra

Paudge Connolly

Ceist:

1218 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government if he proposes to abolish the €20 fee for representations or comments on planning applications; and if he will make a statement on the matter. [21859/04]

Amharc ar fhreagra

Paudge Connolly

Ceist:

1219 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the amount of revenue generated for Monaghan County Council by the €20 planning representation fee since its introduction; and if he will make a statement on the matter. [21860/04]

Amharc ar fhreagra

Paudge Connolly

Ceist:

1220 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the amount of revenue generated for Cavan County Council by the €20 planning representation fee since its introduction; and if he will make a statement on the matter. [21861/04]

Amharc ar fhreagra

Paudge Connolly

Ceist:

1221 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the amount of revenue generated nationally by the €20 planning representation fee since its introduction; and if he will make a statement on the matter. [21862/04]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1197 and 1218 to 1221, inclusive, together.

The planning and development regulations 2001 provide for the payment of a €20 fee for making a submission on a planning application made after 11 March 2002. The amount received nationally in 2002 was €252,197 and in 2003, €542,938. The following table shows the amount received by county and city councils in fees for submissions in 2002 and 2003, based on returns made by each authority. Fees received by town councils are included in the overall county area.

The primary purpose of the fee is to contribute towards the enhanced service now required to be provided by planning authorities for persons who make submissions. The 2000 Act made a number of important changes to increase the rights of third parties in the planning process, for example, planning authorities are for the first time statutorily obliged to consider submissions made in relation to planning applications, including applications accompanied by an environmental impact statement. A person who lodges a submission or observation on a planning application also has a legal entitlement to lodge a third party appeal to An Bord Pleanála.

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 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.

Fees for submissions/observations

2002

2003

County Council

Carlow

1,720

4,920

Cavan

3,040

8,530

Clare

7,100

10,305

Cork

14,600

34,950

Donegal

8,972

13,812

Dún Laoghaire-Rathdown

30,240

55,130

Fingal

7,997

25,299

Galway

4,478

15,416

Kerry

17,712

18,862

Kildare

14,600

25,260

Kilkenny

3,540

8,160

Laois

1,460

3,745

Leitrim

1,270

2,180

Limerick

5,630

14,410

Longford

4,794

1,920

Louth

10,160

12,173

Mayo

4,000

10,900

Meath

14,797

20,030

Monaghan

2,160

13,396

North Tipperary

2,360

5,172

Offaly

2,130

3,880

Roscommon

2,760

5,028

Sligo

2,300

6,505

South Dublin

24,556

64,537

South Tipperary

3,980

7,424

Waterford

2,360

11,430

Westmeath

2,911

6,560

Wexford

4,360

14,268

Wicklow

6,360

20,228

City Council

Cork

8,020

17,200

Dublin

24,540

63,057

Galway

3,080

7,311

Limerick

2,520

6,000

Waterford

1,690

4,940

Total

252,197

542,938

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