Planning and Development Act 2000

Fees payable to planning authorities.

246

246.—(1) The Minister may make regulations providing for—

(a) the payment to planning authorities of prescribed fees in relation to applications for—

(i) permission under Part III, or

(ii) extensions or further extensions under section 42,

(b) the payment to planning authorities of prescribed fees in relation to the making of submissions or observations respecting applications for permission referred to in paragraph (a),

(c) the payment to planning authorities of prescribed fees in relation to requests for declarations under section 5,

F1068[(ca) the payment to planning authorities of prescribed fees in relation to applications for determinations under section 176A,]

F1069[(d) the payment

(i) to local authorities of prescribed fees in relation to applications for grants of licences under section 231 or certificates of safety under section 239, F1070[]

(ii) to planning authorities of prescribed fees in relation to any consultation or advice under section 247, F1070[]]

F1071[(iii) to planning authorities of prescribed fees in relation to the provision of an LRD opinion,

and]

(e) the payment to planning authorities of prescribed fees in relation to applications for grants of licences under section 254,

and the regulations may provide for the payment of different fees in relation to cases of different classes or descriptions, for exemption from the payment of fees in specified circumstances, for the waiver, remission or refund (in whole or in part) of fees in specified circumstances and for the manner in which fees are to be disposed of.

(2) The Minister may prescribe that the fee payable to the authority for an application for permission under section 34(12) shall be an amount which shall be related to the estimated cost of the development, or the unauthorised part thereof, as the case may be.

(3) F1069[(a) Where, under regulations under this section, a fee is

(i) payable to a planning authority by an applicant in respect of an application to which paragraph (a) or (e) of subsection (1) applies, or

(ii) payable to a local authority in respect of an application to which subparagraph (i) of paragraph (d) of that subsection applies,

a decision in relation to the application shall not be made until the fee is paid.

(aa) Where, under regulations under this section, a fee is payable to a planning authority by a person in respect of

(i) a request to which paragraph (c) of subsection (1) applies, or

(ii) a consultation or advice to which subparagraph (ii) of paragraph (d) of that subsection applies,

the planning authority shall not

(I) give the declaration, or

(II) provide the consultation or advice,

as may be appropriate, until the fee is paid.]

(b) With regard to applications under paragraph (a) of subsection (1), notwithstanding anything contained in section 34(8) or 42(2), a decision of a planning authority shall not be regarded, pursuant to any of those sections, as having been given on a day which is earlier than that which is 8 weeks after the day on which the authority is in receipt of the fee, and section 34(8) and 42(2) shall be construed subject to and in accordance with the provisions of this paragraph.

F1072[(c) With regard to applications under subsection (1)(e), notwithstanding anything contained in section 254(5A), a deemed decision to grant a licence shall not be regarded as having been made on a day which is earlier than the day following the expiration of 4 months commencing on the day on which the authority is in receipt of the fee and section 254(5A) shall be construed subject to and in accordance with this paragraph.]

(4) Where under regulations under this section a fee is payable to a planning authority or local authority and the person by whom the fee is payable is not the applicant for a permission, approval or licence, submissions or observations made, as regards the relevant application, appeal or referral by or on behalf of the person by whom the fee is payable, shall not be considered by the planning authority or local authority unless the fee has been received by the authority.

(5) A planning authority shall specify fees for the making of copies under sections 7, 16(1) and 38(4), not exceeding the reasonable cost of making such copies.

Annotations

Amendments:

F1068

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

F1069

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 41(a), (b), S.I. No. 436 of 2018.

F1070

Deleted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 14(a), (b), S.I. No. 715 of 2021.

F1071

Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 14(c), S.I. No. 715 of 2021.

F1072

Inserted (20.07.2016) European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016), reg. 20.

F1073

Substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 40, not commenced as of date of revision.

F1074

Inserted by Planning and Development (Amendment) Act 2018 (16/2018), s. 42, not commenced as of date of revision.

Modifications (not altering text):

C213

Prospective affecting provision: subs. (1)(b) substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 40, not commenced as of date of revision.

F1073[(b) the payment to planning authorities of prescribed fees in relation to the making of submissions or observations respecting applications for permission referred to in paragraph (a), with the exception of local authority members who are exempt from all fees in relation to the making of submissions or observations respecting applications for permission referred to in paragraph (a), insofar as it concerns applications made within the local authority members local electoral area.]

C214

Prospective affecting provision: subs. (1A) inserted by Planning and Development (Amendment) Act 2018 (16/2018), s. 40, not commenced as of date of revision.

F1074[(1A) Regulations under subsection (1) shall not apply to the making of a submission or observation to a planning authority, respecting an application for permission referred to in paragraph (a) of that subsection, where the person by whom the submission or observation is made is an elected member of the planning authority concerned.]

Editorial Notes:

E419

Power pursuant to subs. (1) exercised (23.05.2022 to 31.12.2022) by Planning and Development (Street Furniture Fees) Regulations 2022 (S.I. No. 249 of 2022).

E420

Power pursuant to subs. (1) exercised (17.12.2021) by Planning and Development (Large-scale Residential Development Fees) Regulations 2021 (S.I. No. 720 of 2021).

E421

Power pursuant to subs. (1) exercised (16.08.2021) by Planning and Development Act 2000 (Section 254 – Overground Telecommunication Cables) Regulations 2021 (S.I. No. 422 of 2021).

E422

Power pursuant to subs. (1) exercised (30.04.2021) by Planning and Development (Street Furniture Fees) Regulations 2021 (S.I. No. 209 of 2021).

E423

Power pursuant to section exercised (8.09.2011) by Planning and Development (Amendment) (No. 2) Regulations 2011 (S.I. No. 454 of 2011).

E424

Power pursuant to section exercised (22.04.2002) by Planning and Development (No. 2) Regulations 2002 (S.I. No. 149 of 2002).

E425

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).