Tommy Broughan (Dublin North East, Labour)
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Question 367: To ask the Minister for the Environment, Heritage and Local Government his plans to abolish charges for submissions and objections to planning applications at the local authority stage in accordance with EU regulations; his views on extending the submission period from five to the original eight weeks; and if he will make a statement on the matter. [18018/07]

John Gormley (Dublin South East, Green Party)
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The Planning and Development Regulations 2001 provide that any person or body who makes a submission or observation to a planning authority regarding an application for permission must pay a fee of €20. The primary purpose of the fee is to contribute towards the costs of the service provided by planning authorities to persons who make submissions.

The European Commission lodged an application with the European Court of Justice (ECJ) on 17 May 2005 initiating proceedings against Ireland on the grounds that the charging of this fee was contrary to the public participation provisions of Directive 85/337/EEC on Environmental Impact Assessment (EIA). The ECJ heard the Commission's case on 24 April 2006, and on 9 November last dismissed the Commission's action.

However, my Department is currently undertaking a study of the cost of the planning service with a view to reviewing the fees regulations in the context of improving service delivery. I believe that this study also provides a useful opportunity to review the fee for making submissions on planning applications.

In relation to the public consultation period on a planning application, the Planning and Development Regulations 2001 provide that the period during which the public may make submissions on a planning application is 5 weeks from receipt of the application by the planning authority. Accordingly a planning authority may not make a decision on a planning application until the period for public consultation has expired.

Previous regulations did not provide a finite period for the making of submissions. This had resulted in some uncertainty for third parties in terms both of the timing of making of submissions, and of the decision making process itself. The current provisions give greater clarity and ensure that planning authorities are given a sufficient period in which to consider all the relevant information, including submissions and observations from third parties on an application, before reaching a determination.

John Gormley (Dublin South East, Green Party)
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The European Commission wrote to the Irish authorities last Autumn, seeking views on a complaint received by them regarding the application of local needs policies in relation to the granting of planning permission for a one-off rural house in County Wicklow. A reply to the Commission issued on 27 November, stating that the settlement strategy within Wicklow's County Development Plan was in line with the National Spatial Strategy, Regional Planning Guidelines and the Sustainable Rural Housing Guidelines. It was pointed out that the county settlement strategy had a specific criterion which facilitates those who need to be located in a rural area for economic activity.

My Department has received no further communication from the Commission on this matter. It is, however, understood from recent media reports that the European Commission will be considering the matter at a meeting on 27 June. If my Department receives any further correspondence from the Commission on this issue, it will be given due consideration.