Environment and Planning Appeals (Fees) Regulations, 2016

L.N. 112 of 2016

ENVIRONMENT AND PLANNING REVIEW TRIBUNAL ACT

(CAP. 551)

Environment and Planning Appeals (Fees) Regulations, 2016

IN EXERCISE of the powers conferred by article 10 of the

Environment and Planning Review Tribunal Act, the Prime Minister

has made the following regulations:-

(1)

The title of these Regulations is the Environment Citation and

commencement.

and Planning Appeals (Fees) Regulations, 2016.

(2) These regulations shall be deemed to have come into force

on the 4th April, 2016.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"the Act" means the Environment and Planning Review Cap. 551.

Tribunal Act;

"appeal" means an appeal made to the Environment and

Planning Review Tribunal established by the Act;

"development permission" has the same meaning as assigned to

it in the Development Planning Act;

"the Environment and Resources Authority” has the same

meaning as assigned to it in the Environment Protection Act;

"environmental NGOs" means non-governmental organizations

promoting environmental protection and which are registered under

the Voluntary Organisations Act;

"external consultee" has the same meaning as assigned to it in

regulation 2 of the Development Planning (Procedure for S.L. 504.103

Applications and their Determination) Regulations, or any other

regulations which may from time to time succeed the said

regulations;

"the Planning Authority" has the same meaning assigned to the

term "Authority" in article 2 of the Development Planning Act;

"Tribunal" means the Environment and Planning Review

Tribunal.

(2) In these regulations any expression defined by the Act

shall have the same meaning as it has in the Act.

Where an appeal is made in respect of a decision of the

Planning Authority, from which an appeal lies under any provision of

the Development Planing Act, the application of the appeal shall be

accompanied by the appropriate fee as set out in Schedule 1 and by an

administrative fee as set in Schedule 2.

Where an appeal is made in respect of a decision of the

Environment and Resources Authority, from which an appeal lies

under any provision of the Environment Protection Act, the

application of the appeal shall be accompanied by the appropriate fee

as set out in Schedule 1 and by an administrative fee as set in

Schedule 2.

An appeal which is not accompanied by the appropriate fee

as provided in regulations 3 and 4 shall be null and void only in those

cases where the appellant fails to pay such fee within such time

following the lodging of an appeal as the Tribunal may establish.

Where an appeal is upheld, the Tribunal may order that the

fee paid according to Schedule 1, or part thereof, shall be refunded to

the appellant.

When any interested person, or an environmental NGO, or

an external consultee has lodged an appeal before the Tribunal, and

the Tribunal finds in favour of any such appellant, the appeal fee paid

by the said appellant shall be reimbursed to the said appellant in equal

proportions by the parties cast and, for the purposes of this regulation,

the Tribunal decision shall be an executive title in like manner as if it

were an award of arbitrators referred to in article 253(d) of the Code

or Organization and Civil Procedure for all purposes of that Code.

Schedule 1

(Regulations 3, 4 and 5)

Fees due to the Registry of the Tribunal

In respect of appeal

Rates (€)

Notes

Against a decision of the Planning 5%

of

the Minimun

Authority for a development Development

fee of €150

permission

Permit Fee

Maximum

fee of €3500

Against a decision of the Planning

Authority under a development

notification order or under a

regularisation process or under a

planning control application

Against a decision following a

request for screening of a proposed

development permission

Against a notice issued under the

provisions for Part IX of the

Development Planning Act (Cap.

552)

Against any other decision of the

Planning Authority

Against any decision, ruling or

direction in relation to Building

Regulations and Building Control

Regulations

Against any decision of the

Environment

and

Resources

Authority

Against a notice issued under the

provisions for Part VII of the

Environment Protection Act (Cap.

549)

Against a decision for registration

by the Registration Board

B

Schedule 2

(Regulations 3, 4 and 5)

Tariffs relating to proceedings before the Tribunal

Site inspections to be carried out by the Tribunal

€100

Administrative fee

€50

€036