S.I. No. 358/1984:

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES) REGULATIONS, 1984.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES) REGULATIONS, 1984.

The Minister for the Environment, in exercise of the powers conferred on him by sections 8 , 10 and 25 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) and the Local Government (Planning and Development) Act, 1982 (No. 21 of 1982) and by section 10 of the Local Government (Planning and Development) Act, 1982 , and with the consent of the Minister for Finance, hereby makes the following Regulations:--

PART I PRELIMINARY AND GENERAL

1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Fees) Regulations, 1984.

(2) The collective citation "The Local Government (Planning and Development) Regulations, 1977 to 1984" shall include these Regulations.

2. (1) These Regulations shall come into operation on the 1st day of February, 1985.

(2) Notwithstanding the provisions of these Regulations, where a planning application is received by a planning authority prior to the coming into operation of these Regulations the fee to be paid to the planning authority shall be the fee payable under the 1983 Regulations as amended by the 1984 Regulations.

3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations, a reference to a provision of the Act of 1963 which has been amended by the Act of 1976, by the Act of 1982 or by the Act of 1983 is a reference to such provision as so amended.

(4) In these Regulations, a reference to a provision of the Act of 1976 which has been amended by the Act of 1982 or by the Act of 1983 is a reference to such provision as so amended.

(5) In these Regulations, a reference to a provision of the Act of 1982 which has been amended by the Act of 1983 is a reference to such provision as so amended.

(6) In these Regulations--

"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 ;

"the Act of 1976" means the Local Government (Planning and Development) Act, 1976 ;

"the Act of 1982" means the Local Government (Planning and Development) Act, 1982 ;

"the Act of 1983" means the Local Government (Planning and Development) Act, 1983 (No. 28 of 1983);

"the Acts" means the Act of 1963, the Act of 1976, the Act of 1982 and the Act of 1983;

"appeal" means an appeal to the Board under the Acts or any order made under the Acts;

"approval" means an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts;

"the Board" means An Bord Pleanala;

"the Minister" means the Minister for the Environment;

"minerals" include all minerals and substances in or under land or a kind ordinarily worked by underground or by surface working for removal but does not include turf;

"oral hearing" means an oral hearing of an appeal or of a reference;

"outline application" means an application for an outline permission;

"outline permission" means a permission for development subject to the subsequent approval of the planning authority;

"permission" includes outline permission;

"planning application" means an application to a planning authority for a permission to develop land and includes--

( a ) an outline application,

( b ) an application for an approval,

( c ) an application for permission for the retention of a structure, and

( d ) an application for permission for the continuance of any use of any structure or other land;

"reference" means a reference under section 5 of the Act of 1963;

"State authority" has the meaning assigned to it by section 84 (2) of the Act of 1963;

"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 );

"the 1983 Regulations" means the Local Government (Planning and Development) (Fees and Amendment) Regulations, 1983 ( S.I. No. 30 of 1983 );

"the 1984 Regulations" means the Local Government (Planning and Development) (Exemption from Fees) Regulations, 1984 ( S.I. No. 1 of 1984 ).

4. The 1983 Regulations and the 1984 Regulations are hereby revoked.

PART II Fees Payable to a Planning Authority in Relation to Planning Applications

5. Subject to the following provisions of this Part, a fee shall be paid to a planning authority by an applicant in respect of a planning application.

6. Where a planning application relates in whole or in part to development which in the opinion of the planning authority is development proposed to be carried out by or on behalf of a voluntary organisation, and which in the opinion of the planning authority--

( a ) is designed or intended to be used for social, recreational, educational or religious purposes by inhabitants of a locality generally or by people of a particular group or religious denomination and is not to be used mainly for profit or gain,

( b ) is designed or intended to be used as a hostel, workshop or other accommodation for disabled, poor or homeless persons and is not to be used mainly for profit or gain, or

( c ) is ancillary to development referred to at paragraphs (a) or (b),

a fee shall not be payable in respect of any such development.

7. The amount of the fee payable under this Part shall, subject to articles 8 and 9 and Section III of the First Schedule, be the amount indicated in column 2 of Section II of the First Schedule opposite the mention of the relevant class of development in column 1 of Section II of the First Schedule.

8. Subject to the provisions of Section III of the First Schedule, the amount of the fee payable under this Part shall, in the case of an outline application, be three quarters of the amount indicated in column 2 of Section II of the First Schedule opposite the mention of the relevant class of development in column 1 of Section II of the First Schedule.

9. (1) Subject to sub-article (3) and to Section III of the First Schedule, the amount of the fee payable under this Part shall, in the case of an application mentioned in sub-article (2), be one quarter of the amount indicated in column 2 of Section II of the First Schedule opposite the mention of the relevant class of development in column 1 of Section II of the First Schedule.

(2) The applications referred to in sub-article (1) are--

( a ) an application for an approval,

( b ) an application for permission for the retention of any structure or for the continuance of any use of land without complying with a condition subject to which a previous permission was granted for the development,

( c ) an application for permission for the retention of any structure or for the continuance of any use of land in respect of which a previous permission has been granted for a limited period only (or subject to a condition which is of a kind described in section 26 (2) (j) or 27 (2) (f) of the Act of 1963) and which is made not less than two months before the expiration of the previous permission,

( d ) an application which relates to development which differs from development authorised by a previous permission by reason only of--

(i) a change in the type of dwelling proposed to be constructed, erected or made, or

(ii) the modification of the design or of the external appearance of a building or other structure proposed to be constructed, erected or made.

(3) This article shall have effect only where a fee under these Regulations or under the 1983 Regulations has been paid in relation of the relevant previous permission or approval.

10. (1) Where a planning application (not being an application for an approval) is either--

( a ) withdrawn before a decision to grant or to refuse the relevant permission is made by the planning authority, or

( b ) determined by the planning authority or by the Board,

and a subsequent such application is made by or on behalf of the same applicant, the planning authority shall, subject to sub-article (3) and article 11 and to the provisions of paragraph 4 of Section III of the First Schedule, refund three quarters of the fee paid to them in respect of the subsequent application if, and only if, each of the conditions mentioned in sub-article (2) is complied with.

(2) The conditions referred to in sub-article (1) are--

( a ) the authority are satisfied that the subsequent application relates to development of the same character or description as the development to which the earlier application related, and

( b ) a fee under these Regulations (or under the 1983 Regulations) in respect of the class or classes of development to which the subsequent application relates had been paid in respect of the earlier application, and

( c ) the period between the withdrawal or determination of the first application and the making of the subsequent application does not exceed twelve months, and

( d ) the authority are satisfied that the subsequent application relates to land substantially consisting of the site or part of the site to which the earlier application related, and

( e ) no previous refund under the sub-article or under article 7 of the 1983 Regulations has at any time been made to the same applicant in respect of an application which related substantially to the same land and to development of the same character or description as that to which the subsequent application relates, and

(f) the case is not a case where a reduced fee has been paid under article 9 or under article 6 of the 1983 Regulations.

(3) A refund under this article shall be made on a claim in that behalf made in writing to the planning authority and received by them within (but not after) the period of two months beginning on the day of the giving of the decision by the planning authority on the subsequent application.

11. (1) Notwithstanding any other provision of these Regulations, but subject to the provisions of paragraph 4 of Seciton III of the First Schedule, a planning authority shall have an absolute discretion to refund a part of the fee payable in respect of a particular planning application where they are satisfied that the payment in full of the fee would not be just and reasonable having regard to any of the following--

( a ) the limited extent of the development,

( b ) the limited cost of the development,

( c ) the fee payable in respect of an application for any other development of a similar character, extent or description.

(2) A decision under sub-article (1) shall contain a statement specifying the reasons for the decision.

(3) Within seven days of the making of a decision under sub-article (1), a copy of the decision shall be transmitted to the Minister.

12. (1) Subject to sub-article (2), where a planning application relates to development which is within more than one of the classes mentioned in Section II of the First Schedule--

( a ) an amount shall be calculated in accordance with these regulations in respect of the development which is within each such class, and

( b ) the aggregate of the amounts so calculated shall be taken as the amount of the fee payable in respect of the development to which the application relates.

(2) Sub-article (1) shall not have effect in relation to development comprising the provision of roads, car parks, services, open spaces or any structures or other works which are included in the planning application and are incidental to development of the class or or classes to which the application primarily relates.

(3) Where a planning application referred to in sub-article (1) relates to a building which is to contain floor space which it is proposed to use (or which is designed for use or is capable of use) for the purposes of providing common access or common services or facilities for persons occupying or using the building, the amount of such common floor space appropriate to each class of development mentioned in column 1 of Section II of the First Schedule shall be taken, for the purposes of the calculation referred to in sub-article (1) (a), to be such proportion of the common floor space as the amount of floor space coming directly within the class bears to the total amount of gross floor space on the building.

13. Where a planning application relates to development which is designed for, or capable of, or intended for, use for one of several purposes, the amount of the fee payable in respect of each of the relevant classes of development mentioned in column 1 of Section II of the First Schedule shall be calculated and the fee payable shall be the highest of those amounts.

14. Where a planning application includes proposals for materially different layouts or designs relating to the proposed development, the fee payable under these Regulations shall be calculated as if each proposal constituted a separate planning application.

15. Where, in respect of any class of development mentioned in Section II of the First Schedule, the amount of the fee is to be calculated by reference to the site area--

( a ) that area shall be taken as consisting of the area of land to which the application relates, and

( b ) where the area referred to in paragraph (a) is less than the unit of measurement specified in respect of the relevant class of development or is not an exact multiple of that unit, the fraction of a unit remaining after division of the total area by the unit of measurement shall be treated, for the purposes of calculating the fee payable in respect of the application, as a complete unit.

16. Where, in respect of any class of development mentioned in Section II of the First Schedule, the amount of the fee is to be calculated by reference to the area of gross floor space to be provided--

( a ) that area shall be ascertained by the internal measurement of the floor space on each floor of a building or buildings (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to development to which the application primarily relates, and

( b ) where the area referred to in paragraph (a) is less than the unit of measurement specified in respect of the relevant class of development or is not an exact multiple of that unit, the fraction of a unit remaining after division of the total area by the unit of measurement shall be treated, for the purposes of calculating the fee payable in respect of the application, as a complete unit.

PART III MISCELLANEOUS FEES PAYABLE TO A PLANNING AUTHORITY

17. (1) A fee shall be paid to a planning authority by an applicant in respect of an application under section 4 of the Act of 1982 for an extension or further extension as regards a particular permission of the appropriate period within the meaning of section 2 (5) of that Act.

(2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Second Schedule opposite the mention of such an application in column 1 of the Second Schedule.

18. The prescribed fee for a copy of an entry in the register shall be the amount indicated in column 2 of the Second Schedule opposite the mention of such a copy in column 1 of the Second Schedule.

PART IV FEES PAYABLE TO THE BOARD

19. (1) Subject to article 22, a person making an appeal to the Board shall pay to the Board a fee.

(2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Third Schedule opposite the mention of an appeal in column 1 of the said Schedule.

20. (1) Subject to article 22, a person making a reference to the Board shall pay to the Board a fee.

(2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Third Schedule opposite the mention of a reference in column 1 of the said Schedule.

21. (1) Subject to article 22, a person making a request to the Board for a determination to which this article applies shall pay to the Board a fee.

(2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Third Schedule opposite the mention of a request for a determination in column 1 of the said Schedule.

(3) This article applies to a request for a determination by the Board in relation to--

( a ) a contribution of other matter which, pursuant to a condition attached to a permission or an approval is to be agreed between a planning authority and another person and in default of agreement is to be determined by the Board;

( b ) the amount of a contribution to be paid under section 26 (7) of the Act of 1963;

( c ) a question or dispute to which section 56 (3) of the Act of 1963 relates.

22. Where an appeal, a reference, or a request for a determination to which article 21 applies is made to the Board by--

( a ) a State authority

( b ) a planning authority

( c ) An Comhairle Ealaion

( d ) Bord Fáilte Éireann

( e ) An Taisce -- the National Trust for Ireland

(f) The National Monuments Advisory Council

( g ) The Royal Irish Academy

( h ) The Central Fisheries Board

( i ) a Regional Fisheries Board

the fee to be paid to the Board in respect of the appeal, reference, or request shall be the amount indicated in column 2 of the Third Schedule opposite the mention of a reduced fee in column 1 of the said Schedule.

23. (1) Subject to sub-articles (2) and (3), a fee shall be paid to the Board by a person making submissions or observations to the Board as regards an appeal, a reference or a determination to which article 21 applies.

(2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Third Schedule opposite the mention of submissions or observations in column 1 of the Third Schedule.

(3) Sub-article (1) shall not apply where the person by or on whose behalf submissions or observations are made is--

( a ) the appellant or person making the reference to, or request for a determination by, the Board,

( b ) the applicant for the permission, approval or licence in relation to which the appeal is made,

( c ) any person served or issued by a planning authority with a notice or order, or copy thereof, under section 30, 36, 37, 44, 45 or 48 of the Act of 1963 or section 25 of the Act of 1976, in relation to which an appeal is made by another person, or

( d ) a body referred to in article 22.

(4) Where a fee has been paid under this article by or on behalf of a person of body of persons making submissions or observations as regards a particular appeal reference or determination, a fee shall not be payable in respect of any further submissions or observations made by or on behalf of the same person or body of persons as regards that appeal, reference or determination.

24. (1) A person making a request to the Board for an oral hearing of an appeal or reference shall, in addition to the fee prescribed by articles 19 or 20, as may be appropriate, pay to the Board a fee in respect of the request.

(2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Third Schedule opposite the mention of a request for an oral hearing in column 1 of the Third Schedule.

FIRST SCHEDULE

FEES FOR PLANNING APPLICATIONS

SECTION I

INTERPRETATION

1. For the purposes of this Schedule, a dwelling, building or other structure or thing may be provided by--

( a ) the carrying out of works,

( b ) the making of a material change in the use of a structure,

( c ) the retention on land of a structure already constructed, erected or made, or

( d ) the continuance of a use of any structure, and "provision" shall be construed accordingly.

2. At references 5 and 6 of column 1 of Section II of this Schedule "use of land" shall include the continuance of a use of land and the carrying out of works, or the retention of structures, on, in or under the relevant land, which are incidental to the use.

SECTION II

SCALE OF FEES FOR PLANNING APPLICATIONS

SECTION III

MAXIMUM AND MINIMUM FEES FOR PLANNING APPLICATIONS

1. The maximum fee payable to a planning authority by an applicant in respect of an outline application shall be £7,500.

2. The maximum fee payable to a planning authority by an applicant in respect of an application to which article 9 applies shall be £2,500.

3. The maximum fee payable to a planning authority by an applicant in respect of any planning application other than an application mentioned in paragraph 1 or paragraph 2 shall be £10,000.

4. The minimum fee payable to a planning authority by an applicant in respect of a planning application shall be £16 and in any case where the planning authority make a refund in respect of a planning application the refund shall not be such as to reduce the balance of the fee to less than £16.

SECOND SCHEDULE

MISCELLANEOUS FEES

THIRD SCHEDULE

FEES PAYABLE TO THE BOARD

GIVEN under the Official Seal of the Minister for the Environment, this

20th day of December, 1984

LIAM KAVANAGH,

Minister for the Environment.

The Minister for Finance hereby consents to these Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 20th day

of December, 1984.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for a new scale of fees payable to planning authorities and to An Bord Pleanala in respect of planning applications, appeals and related matters in substitution for the fees prescribed under the Local Government (Planning and Development) (Fees and Amendment) Regulations, 1983 and the Local Government (Planning and Development) (Exemption from Fees) Regulations, 1984 which are being revoked by these Regulations.