S.I. No. 525/2001 -- Local Government (Planning and Development) (Fees) Regulations, 2001.
2001
525
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STATUTORY INSTRUMENTS.
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S.I. No. 525 of 2001.
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LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES) REGULATIONS, 2001.
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Dublin
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Published by the Stationery Office
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S.I. No. 525 of 2001.
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LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES) REGULATIONS, 2001.
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The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 10 and 89 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) , by section 8 of that Act (as amended by section 12 of the Local Government (Planning and Development) Act, 1982 ( No. 21 of 1982 )) and by section 10 of the Local Government (Planning and Development) Act, 1982 , and with the consent of the Minister for Finance, hereby makes the following Regulations:-
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Citation.
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1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Fees) Regulations, 2001.
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(2) These Regulations and the Local Government (Planning and Development) Regulations, 1994 to 2000 shall be construed as one and may be cited together as the Local Government (Planning and Development) Regulations, 1994 to 2001.
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Commencement.
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2. (1) These Regulations, other than article 3 (b), article 4 and the Schedule to these Regulations, shall come into operation on 30 November 2001.
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(2) Article 3 (b), article 4 and the Schedule to these Regulations shall come into operation on 1 January 2002.
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Amendment of 1994 Regulations.
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3. The Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ) are hereby amended -
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(a) by the insertion after paragraph (d) of sub-article (2) of article 93 thereof of the following paragraph:-
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(e) an application for permission for development which relates to development authorised by a permission to which section 96 (15) of the Planning and Development Act, 2000 (No. 30 of 2000) applies.”, and
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(b) by the substitution for the Fourth, Fifth, Sixth and Seventh Schedules (as inserted by the Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998 ( S.I. No. 128 of 1998 ) and as amended by the Local Government (Planning and Development) (No. 2) Regulations, 1999 ( S.I. No 431 of 1999 )) of the Schedules set out in the Schedule to these Regulations.
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Revocation
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4. The Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998 are hereby revoked.
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SCHEDULE
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“FOURTH SCHEDULE
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Fees for planning applications
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Section I
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Interpretation
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1. For the purposes of this Schedule, a dwelling, building or other structure or thing may be provided by--
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(a) the carrying out of works,
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(b) the making of a material change in the use of a structure,
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(c) the retention on land of a structure already constructed, erected or made, or
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(d) the continuance of a use of any structure,
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and “provision” shall be construed accordingly.
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2. (a) Subject to paragraph (b), at references 7, 8, 13 and 14 of column 1 of Section II of this Schedule “use of land” shall include the continuance of a use of land, and the carrying out of works, or the retention of structures, on, in or under the land which are incidental to the use.
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(b) At reference 13 of column 1 of Section II of this Schedule “use of land” shall not include the carrying out of works for the provision of a club house or related facilities for persons using the golf course or pitch and putt course, or the retention of any such structures.
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Section II
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Scale of Fees for Planning Applications
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Column 1
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Column 2
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Class of Development
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Amount of Fee
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1. The provision of dwellings.
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€59 for each dwelling.
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2. (a) Any works for the carrying out of maintenance, improvement or other alteration of an existing dwelling (including any works for the provision of an extension or the conversion for use as part of the dwelling of any garage, store, shed or other structure).
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€30
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(b) Any other works, including the erection of structures, within the curtilage of an existing dwelling, for purposes ancillary to the enjoyment of the dwelling as such.
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€30
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(c) The erection, construction or alteration within or bounding the curtilage of an existing dwelling of gates, railings, fences, walls, or other means of enclosure.
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€30
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2A. Works consisting of development which would be exempted development but for the provisions of section 8(1) of the Act of 1999 or article 10(A) of these Regulations.
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€30
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3. The provision of buildings or other structures for the purposes of agriculture.
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(i) In the case of buildings, €73, or €0.95 for each square metre of gross floor space to be provided in excess of 300 square metres, whichever is the greater,
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(ii) in the case of any other structures, €73,
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and subject to a maximum of €276.
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4. The provision of buildings or other structures for the purposes of the keeping of horses (other than horses kept for use in the farming of land), ponies or greyhounds.
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(i) In the case of buildings, €73, or €0.95 for each square metre of gross floor space to be provided in excess of 100 square metres, whichever is the greater,
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(ii) in the case of any other structures, €73,
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and subject to a maximum of €276.
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5. The provision of buildings other than buildings coming within class 1, 2, 2A, 3 or 4.
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€74, or €3.30 for each square metre of gross floor space to be provided, whichever is the greater.
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6. (a) The use of uncultivated land or semi-natural areas for intensive agricultural purposes,
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€276
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(b) Initial afforestation,
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€4.60 for each hectare of site area.
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(c) The replacement of broadleaf high forest by conifer species,
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€73, or €4.60 for each hectare of site area, whichever is the greater.
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(d) Peat extraction.
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€4.60 for each hectare of site area.
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7. The use of land for--
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€462, or €46.20 for each 0.1 hectare of site area, whichever is the greater.
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(a) the winning and working of minerals,
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(b) the deposit of refuse or waste.
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8. The use of land for--
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€73, or €46.20 for each 0.1 hectare of site area, whichever is the greater.
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(a) the keeping or placing of any tents, caravans or other structures (whether or not movable or collapsible) for the purpose of caravanning or camping or the sale of goods,
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(b) the parking of vehicles,
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(c) the open storage of vehicles or other objects or substances.
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9. The provision on, in or under land of plant or machinery, or of tanks or other structures (other than buildings) for storage purposes.
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€185, or €46.20 for each 0.1 hectare of site area, whichever is the greater.
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10. The provision of a petrol filling station.
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€185.
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11. The provision of an advertisement structure or the use of an existing structure or other land for the exhibition of advertisements.
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€73, or €19 for each square metre, or part thereof, of advertising space to be provided, whichever is the greater.
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12. The provision of overhead transmission or distribution lines for conducting electricity, or over-head telecommunications lines.
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€73, or €46.20 per 1,000 metres length, or part thereof, whichever is the greater.
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13. The use of land as a golf course or a pitch and putt course.
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€46.20 for each hectare of site area.
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14. The use of land as a burial ground.
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€185, or €46.20 for each hectare of site area, whichever is the greater.
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15. Development not coming within any of the foregoing classes.
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€73, or €9.25 for each 0.1 hectare of site area, whichever is the greater.
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Section III
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Maximum and minimum fees for planning applications
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1. The maximum fee payable to a planning authority by an applicant in respect of an outline application shall be €14,280.
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2. The maximum fee payable to a planning authority by an applicant in respect of an application to which article 93 applies shall be €4,760.
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3. The maximum fee payable to a planning authority by an applicant in respect of an application to which article 91 applies shall be €28,560.
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4. The maximum fee payable to a planning authority by an applicant in respect of any planning application other than an application mentioned in paragraph 1, 2 or 3 shall be €19,040.
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5. The minimum fee payable to a planning authority by an applicant in respect of a planning application shall be €30 and in any case where the planning authority make a refund in respect of a planning application the refund shall not be such as to reduce the balance of the fee to less than €30.
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FIFTH SCHEDULE
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Fees payable to the Board
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Column 1
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Column 2
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Amount of Fee
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(a) Appeal against a decision of a planning authority on a planning application relating to commercial development, made by the person by whom the planning application was made.
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€380
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(b) Appeal other than an appeal mentioned at (a).
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€150
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(c) Reference.
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€150
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(d) Request for a determination.
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€150
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(e) Reduced fee.
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€75
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(f) Submissions or observations.
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€45
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(g) Request for an oral hearing.
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€75
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SIXTH SCHEDULE
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Miscellaneous Fees
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Column 1
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Column 2
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Amount of Fee
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Application under section 4 of Act of 1982.
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€57
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Copy of an entry in the register.
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€9.25
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SEVENTH SCHEDULE
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Licence fees under section 89 of Act of 1963 in respect of specified appliances and structures
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Column 1
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Column 2
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Appliance or Structure
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Licence Fee
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Part 1
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Appliances and structures for servicing vehicles:
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(a) A petrol or oil pump (including any delivery hose, air pipe, waterpipe or other attachment).
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€57
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(b) A movable pump or other appliance for dispensing any oil or oil derivative or mixture thereof.
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€27
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(c) A delivery pipe or hose attached to a petrol or oil pump which is not on a public road.
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€27
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(d) A petrol, oil or other storage tank (whether sub-divided or not) together with any associated manhole, inlet, outlet or pipe for connection with a pump.
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€5.50 for each 5,000 litres capacity or part thereof
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(e) A pipe or an appliance with a pipe attachment for dispending air or water not being a pipe or appliance attached to a petrol or oil pump for which a fee is pre-scribed under paragraph (a) above.
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€7
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Part II
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Other appliances and structures:
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(a) A vending machine or other coin operated machine (not being a weighing machine) which is on a public road.
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€57
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(b) An appliance of any type referred to in Part I of this Schedule which is not used for servicing vehicles.
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€27
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(c) A case, rack, shelf or other appliance or structure for displaying articles for the purpose of advertisement or sale in or in connection with any adjacent business premises.
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€27
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(d) An advertisement consisting of any symbol, emblem, model, device or logo which is on a public road.
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€27
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(e) An advertisement structure which is on a public road.
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€27
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(f) A hoarding, fence or scaffold (not being a hoarding, fence or scaffold bounding a public road).
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€27
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(g) A town or landscape map on a public road.
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€7
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(h) A weighing machine on a public road.
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€7
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(i) A cable, wire or pipeline (not being a cable for conducting electricity for domestic or agricultural purposes or a drain or waterpipe).
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€13 per 800 metres length or part thereof.
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(j) Tables and chairs outside a hotel, restaurant or public house.
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€57
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Part III
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(a) A bridge, arch, tunnel, passage or other similar structure used or intended for use other than by the public and constructed on or after 1 October 1964.
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€27
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(b) A cellar or other underground structure constructed on or after the 1 October 1964.
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€13
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(c) A lamp-post.
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€13
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(d) A cable for conducting electricity for domestic or agricultural purposes.
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€13
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(e) A cabinet used as part of a wired broadcast relay system by a person licensed under the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.
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€13
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”.
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GIVEN under the Official Seal of the Minister for the Environment and Local Government this 16th day of November, 2001.
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Noel Dempsey, T.D.
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Minister for the Environment and Local Government.
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The Minister for Finance hereby consents to these Regulations.
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GIVEN under the Official Seal of the Minister for Finance this 22nd day of November, 2001.
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Charlie McCreevy, T.D.
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Minister for Finance.
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EXPLANATORY NOTE
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(This note is not part of the Instrument and does not purport to be a legal interpretation.)
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The primary purpose of the Regulations is to provide for conversion to convenient euro (€) amounts of existing planning fees payable to planning authorities and An Bord Pleanála. The new fees, which will take effect from 1 January 2002, have been rounded down on conversion in favour of the consumer.
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The Regulations also provide for a quarter fee to apply to planning applications in respect of housing development authorised by a permission which is subject to the 2 year withering rule under section 96 (15) of the Planning and Development Act, 2000 .
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