COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, April 23, 2019

MOTION NO. 13

MOTION: Councillor G. O'Connell

That this Area Committee requests that the Chief Executive write to An Taoiseach calling on the Government to (a) comply with the EU Directive that has declared the current (Irish) practice of charging third parties who wish to comment on planning application any fee as being in contravention of EU Law, and, (b) to amend legislation so as to make it obligatory on Local Authorities to inform third parties, who have made submissions on earlier planning application in relation to a particular site, on any new planning applications received in relation to the same site or that incorporates the given site.

REPORT: 

While the Chief Executive can write to An Taoiseach on behalf of the Area Committee as requested, it is recommended that the Committee consider the following: 

The 2000 Planning Act and associated Regulations brought in a requirement that third party’s pay a fee in order to make a submission as part of the planning permission decision making process.

The Planning and Development (Amendment) Act 2018 provided for the waiving or reduction of a submission fee where made by a person in his or her capacity as a member of a local authority.

The Aarhus Convention, ratified by Ireland in 2012, gives the public a right to participate in decision making in environmental matters. This has been implemented into European law under the Public Participation Directive 2008/35/EC. The Directive has been transposed into Irish law through the Planning Acts and other legislation governing other environmental consents. The EIA Directive 2014//52/EU provides for participation rights under Article 6.

In case C-216/05, Commission v Ireland, the European Court of Justice (ECJ) ruled that Irish legislation which required the payment of a fee by those making submissions regarding an environmental impact assessment (EIA) did not breach the EIA directive.

More recent cases in Irish Courts have considered the matter of legal costs as they relate to the Aarhus Convention and the environment. However, this is different to the matter of requiring fees for submissions.

It is not clear from the Motion what case law or Directive the Member is referring to.

In relation to part (b) of the Motion, the Planning Authority publishes weekly planning lists which are available to the public on-line and in the offices. Any member of the public can also request to be sent the weekly planning list. It is considered that to amend the legislation as proposed would introduce an undue administrative burden on the Planning Authority when the public already has ready access to the list of planning applications.