Tommy Broughan (Dublin North East, Labour)
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Question 11: To ask the Minister for the Environment, Heritage and Local Government if he plans to abolish fees charged to members of the public for making submissions in respect of applications under the Planning (Strategic Infrastructure) Act 2006; and if he will make a statement on the matter. [3917/09]

Joe Costello (Dublin Central, Labour)
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Question 24: To ask the Minister for the Environment, Heritage and Local Government if he will take steps, such as the abolition of fees charged to members of the public to make submissions, on planning applications in order to ensure a more public participation in decisions about planning in their area in view of the decision to implement the European public participation directive and his stated commitment to ratify the Aarhus Convention; and if he will make a statement on the matter. [3919/09]

Joe Costello (Dublin Central, Labour)
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Question 28: To ask the Minister for the Environment, Heritage and Local Government if he plans to abolish fees charged to members of the public for making submissions in respect of planning applications to local authorities; and if he will make a statement on the matter. [3918/09]

John Gormley (Dublin South East, Green Party)
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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.

Joanna Tuffy (Dublin Mid West, Labour)
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The first question was about the Planning (Strategic Infrastructure) Act 2006 which set the fee for making a submission to An Bord Pleanála at €50. When the Bill was going through the House in 2006, the Minister who was then an Opposition Deputy, was opposed to the charging of fees. He said he did not think people should be charged for making submissions under this Act. He also called for the removal of the €20 fee for making a submission about a planning application. This view is in keeping with the Labour Party policy that people should feel free to make submissions and comments about planning applications and not feel constrained by the cost from doing so. We want to encourage people to make submissions and it might not always be an objection to a planning application but rather a request for concerns to be taken into account by the planning authority. Will the Minister be getting rid of these fees?

John Gormley (Dublin South East, Green Party)
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I indicated in my reply that 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 for a development which requires environmental impact assessment was contrary to the public participation provisions. The Commission was of the view that the directive makes no express provision for the payment of a participation fee and suggested that the submission fee could act as an impediment. The court found that the Commission's allegation was without foundation in its entirety. Given our own economic situation and the fact that the planning authorities and the local authorities need some extra revenue, it would not make sense at this time to abolish those fees.

Brendan Howlin (Wexford, Labour)
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I will allow a brief supplementary question from Deputy Tuffy.

Joanna Tuffy (Dublin Mid West, Labour)
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I do not think the Minister would be relying on an EU judgment with which he disagrees if he were still on the Opposition side of the House. I think he would be saying the opposite to what he just said.

John Gormley (Dublin South East, Green Party)
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I am relying on what the European Court of Justice said.

Joanna Tuffy (Dublin Mid West, Labour)
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That is not what he would have done when he was in opposition. He was against these fees then.

John Gormley (Dublin South East, Green Party)
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The court has made its judgment and whether one is in opposition or in government, the decision of the court must be accepted. I accept the decision of the court in its entirety.