John Gormley (Dublin South East, Green Party)

I propose to take Questions Nos. 11, 24 and 28 together.

The fee for making submissions or observations to An Bord Pleanála for development under the Planning and Development (Strategic Infrastructure) Act 2006 is €50. The board is legally obliged to consider all submissions or observations before making a decision. Third parties also have the right to be notified of any new significant information provided by an applicant; request an oral hearing; and be notified of the decision of the board.

The fee for making submissions or observations to a planning authority in respect of a planning application is €20. It was introduced in the context of the comprehensive review of planning legislation that culminated in the Planning and Development Act 2000 and the Planning and Development Regulations 2001. The revised legislation provided increased rights for third parties in the planning process. Since the enactment of the 2000 Act planning authorities are statutorily obliged to acknowledge submissions on planning applications and to consider those submissions before making decisions on planning applications. Persons who make submissions are also entitled to be notified of any new information provided; the decision of the planning authority; and an appeal against the decision of the planning authority.

In a 2006 judgment, the European Court of Justice ruled that this €20 fee could not be regarded as constituting an obstacle to public participation in the planning process. I have no proposals for the abolition of these fees.

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