ENVIRONMENT AND PLANNING APPEALS (FEES) REGULATIONS

ENVIRONMENT AND PLANNING APPEALS (FEES)

SUBSIDIARY LEGISLATION 549.105

ENVIRONMENT AND PLANNING APPEALS

(FEES) REGULATIONS

4th April, 2016 *

LEGAL NOTICE 112 of 2016.

The title of these regulations is the Environment and

Planning Appeals (Fees) Regulations.

(1) In these regulations, unless the context otherwise

requires

"the Act" means the Environment and Planning Review 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

Applications and their Determination) Regulations, or any other

r e g u l a t i o n s wh i c h m a y f r o m t i m e t o t i m e su c c e e d t h e s a i d

regulations;

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

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

"Tribunal " means the E nvironment 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

* see regulation 1(2) of these Regulations, as originally promulgated.

ENVIRONMENT AND PLANNING APPEALS (FEES)

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

t h e Minimun fee

A u t h o r i t y f o r a d e v e l o p m e n t D e v e l o p m e n t 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

ENVIRONMENT AND PLANNING APPEALS (FEES)

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

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