Planning and Development Act 2000

Fees payable to Board.

144

144. F451 [(1) The Board may determine fees that may be charged, subject to the approval of the Minister, in relation to any matter referred to in subsection (1A) and a fee as so determined shall be payable to the Board by any person concerned as appropriate.

(1A) The matters in relation to which the Board may determine fees under subsection (1) are:

( a) an appeal or referral;

F452 [ (aa) an appeal to the Board under Part 2 of the Urban Regeneration and Housing Act 2015 ; ]

( b) an application to the Board for any strategic infrastructure development or an application for leave to appeal under section 37(6)(a);

( c) an application for a consultation under section 37B, 181C, or 182E or under section 47B of the Act of 2001;

( d) a request under section 146B;

( e) a request for a written opinion on the information to be contained in an environmental impact assessment under section 173(3), under section 39 of the Act of 2001 or under section 50 of the Roads Act 1993;

( f) an application for leave to apply for substitute consent or an application for substitute consent under Part XA;

( g) submission of an F453 [ environmental impact assessment report ] in accordance with a request by the Board to furnish same;

( h) submission of a Natura impact statement in accordance with a request by the Board to furnish same;

F454 [ ( ha ) a determination review or an application referral under section 176C ; ]

( i) request for an oral hearing under section 134 or 177Q; and

( j) making a submission or observation under section 37E, 37F, 130, 135(2B)(e), 146B, 146C, 146D, 175, 181A, 182A, 182C, 217B, or 226, section 51 of the Roads Act 1993, section 40 (other than by persons required to be served with a notice under section 40(1)(d)), section 41, or section 47D of the Act of 2001 or making an objection under section 48 of the Roads Act 1993 (other than by persons on whom notice is served under F455 [ section 48(b)); ]

F456 [ ( k ) an appeal under section 10 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 against a relevant regulatory decision within the meaning of that section. ]

(1B) The Board may, subject to the approval of the Minister, provide for the payment of different fees in relation to different classes or descriptions of matters referred to in subsection (1A)(a) to (j), for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances. ]

(2) The Board shall review the fees determined under subsection (1) from time to time, but at least every three years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Minister s approval under subsection (1) .

(3) For the purposes of this section, change in the consumer price index means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the determination under this section and the said number last published before the date of the review under subsection (2) , expressed as a percentage of the last-mentioned number.

(4) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect.

(5) Fees determined in accordance with regulations under section 10(1)( b ) of the Act of 1982 shall continue to be payable to the Board in accordance with those regulations until such time as the Board determines fees in accordance with this section.

(6) The Board shall specify fees for the making of copies under section 5 (6)(a) , not exceeding the cost of making the copies.

Annotations:

Amendments:

F451

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 44, S.I. No. 477 of 2010.

F452

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 30, S.I. No. 436 of 2018.

F453

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 23, in effect as per reg. 2(1).

F454

Inserted (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(b), S.I. No. 588 of 2018.

F455

Substituted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 14(a), S.I. No. 403 of 2019.

F456

Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 14(b), S.I. No. 403 of 2019.

Modifications (not altering text):

C86

Subs. (1A) construed in relation to fees payable relating to proposed strategic housing developments (2.02.2017) and during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 19, S.I. Nos. 31 of 2017 and 270 of 2017.

Definitions ( Chapter 1 )

3. In this Chapter ...

specified period means

(a) the period from the commencement of this provision until 31 December 2019, and

(b) any additional period as may be provided for by the Minister by order under section 4 (2) ;

...

Construction of section 144 (fees payable to Board) of Act of 2000 during specified period

19. Subsection (1A) of section 144 of the Act of 2000 has effect during the specified period

(a) as if in paragraph (b) or for any strategic housing development (within the meaning of section 3 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ) were inserted after for any strategic infrastructure development ,

(b) as if in paragraph (c) or a request for a consultation under section 5 of the Planning and Development (Housing) and Residential Tenancies Act 2016 were inserted after the Act of 2001 ,

(c) as if there were inserted the following after paragraph (d):

(da) a request for a determination under section 7 (1)(a) of the Planning and Development (Housing) and Residential Tenancies Act 2016 ; ,

(d) as if in paragraph (e) or under section 7 (1)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016 , were inserted after section 173(3), ,

(e) as if there were inserted the following after paragraph (e) :

(ea) a request for an opinion in writing on what information will be required to be contained in a Natura impact statement under section 7 (1)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016 ; ,

and

(f) as if in paragraph (j) section 8 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , were inserted after or 226, .

Editorial Notes:

E238

Previous affecting provision: subs. (1) amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 27, S.I. No. 684 of 2006; substituted as per F-note above.