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EU RULES €20 PLANNING FEE ILLEGAL
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Wednesday February 12, 2003 01:22 by FIE
The €20 fee required to object to a planning applications under the 2000 Planning Act is not legal under European law, a Reasoned Opinion from the European Commission has determined.
The Reasoned Opinion arises from a complaint by Friends of the Irish The Reasoned Opinion states that “it is contrary to the Environmental Impact The Commission rejected Ireland’s argument that the fee was an The Commission also noted that the fee reversed the purpose of the polluter The Reasoned Opinion quotes extensively from submissions made to the The Reasoned Opinion quotes from Anglers Groups, The Georgian Society, The The Irish General Council of County Councils asked why a resident, faced The Commission also made specific references to organisations which made The Commission noted from the submissions provided that the planning fees In this context information is especially important when it comes from With regard to the “nominal” size of the fee, the Commission pointed out A spokesperson for Friends of the Irish Environment welcomed the Text of Reasoned Opinion:
An Taisce
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Jump To Comment: 1Greens Delighted With EU decision That 20 Euro Planning Fee Is Not Legal
The Green Party has given a warm welcome to the European Commision's opinion that the twenty euro fee to comment on planning applications is not legal under European law.
The Reasoned Opinion from the European Commission gives Ireland two months to remove the fee or proceedings will be taken in the European Court of Justice by the Commission against Ireland. The Commission stated that it is contrary to the Environmental Impact Assessment to make comment by the public subject to a participation fee. The Commission also pointed out that Ireland is the only EU member state to have brought in such a fee.
Green Party Environment spokesperson, Ciarán Cuffe TD, said today, "We're delighted with the news. From my previous background as a town planner I am only too well aware of the useful advice that comes from members of the public. This advice dried up once the fee was introduced. The fee was a botched attempt to limit the public's rights. I am delighted that the Government has received
this rebuke from the Commission. Congratulations are also due to the Friends of the Irish Environment Group, the Irish Planning Institute and An Taisce for their strenuous campaigning on this issue."
"I am now calling on the Minister for the Environment to immediately drop the fee, as current planning applications may be at risk of review if the public aren't given back the right to give their views to the Planning Authority without paying the twenty euro fee. He should also reimburse any individual who has had to pay the fee since its introduction."
"I can only imagine that there will be considerable egg on the face of Minister Noel Dempsey who introduced the charge against the wishes of grassroots groups. It is time that this Government stopped pandering to big business and started listening to the voices of the general public. This is a good day for democracy and for the environment."