EU RULES €20 PLANNING FEE ILLEGAL

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, which was published today by Friends of the Irish
Environment on their website, gives Ireland two months to comply or
proceedings will be taken in the European Court of Justice by the Commission
against Ireland.

The Reasoned Opinion arises from a complaint by Friends of the Irish
Environment in 2000 on behalf of 68 community and environmental groups.

The Reasoned Opinion states that “it is contrary to the Environmental Impact
Assessment Directive to make comment by the public subject to a
participation fee”. The Commission points out that Ireland is the only EU
member state to have required the payment of a fee as a precondition for
considering the public’s opinion in the development consent procedure.

The Commission rejected Ireland’s argument that the fee was an
administrative matter devolved to the member state. It also rejected the
argument that consideration of the public comments was an entitlement to
have a service rendered, stating that “on the contrary, the role can be
considered in terms of the public providing supplementary information that
can help these authorities make a fully informed decision.”

The Commission also noted that the fee reversed the purpose of the polluter
pays principal, in that a financial burden was placed on the person who was
likely to be most affected.

The Reasoned Opinion quotes extensively from submissions made to the
Minister for the Environment during the public consultation over the
Planning Act. This dossier was obtained by FIE under the Freedom of
Information Act and provided to the Commission’s Legal Affairs Division in
support of the complaint.

The Reasoned Opinion quotes from Anglers Groups, The Georgian Society, The
Irish Planning Institute, the Royal Town Planning Institute, and An Taisce.
The General County of County Councils and 14 local authorities passed
resolutions opposing the fee.

The Irish General Council of County Councils asked why a resident, faced
with a proposed pig farm across the road, “should be forced into any
expense, no matter how minimal, because of a third party’s unsolicited
proposals”. The Georgian Society suggested that concerned organisations and
residents would be “penalised financially” and that the fee would have an
“adverse effect on conservation”.

The Commission also made specific references to organisations which made
many submissions on behalf of the environment, quoting the Barra Salmon
Angling Association in County Mayo. Noting that “this voluntary body
operates in an area that has seen a steady decline in water quality”, the
Commission observes that “the environmental concerns which underly this
group’s wish to participate in decision making procedures are therefore well
founded”.

The Commission noted from the submissions provided that the planning fees
paid by developers do not properly reflect the administrative costs and that
as a consequence local authorities are discouraged from engaging the
professional expertise that is needed to consider such proposals.

In this context information is especially important when it comes from
non-Governmental organisation, “given that many Irish decision-making bodies
lack specific expertise to judge environmental impacts.” These organisation
may have to make many submissions. The Commission also refered to its
Reasoned Opinion on Ballymun, where project splitting meant that residents
were faced with over twelve applications at each stage of the “Regeneration”
.

With regard to the “nominal” size of the fee, the Commission pointed out
that the cost of this fee and an observation to An Bord Pleanala would
amount to €65, over 50% of the standard rate of social welfare payments –
including old age pensions or disability benefits.

A spokesperson for Friends of the Irish Environment welcomed the
Commission's action and called on the Government to bring the Planning Act
into line immediately and restore citizen's rights of participation in the
planning process.

Text of Reasoned Opinion:
http//www.friendsoftheirishenvironment.org
Attribution: Spokesman
Verification and comment: Tony Lowes 027-73025
Irish language: Daithí O hÉalaithe 087 - 6178852

List of original complainants:

An Taisce
Arklow Action Group
Ballynagran / Coolbeg Action Group
Belclare Park and Terrace Residents and Tenants Association
Belgrove Residents Association
Blessington Heritage Trust
Bluestack Environmental Group
Braade/Carrigfin Residents Group
Brittas Bay Community Group
Coastwatch Europe
Commogue Marsh Protection Group
Cod's Head Preservation Society
Communities against radiation
Concerned Residents of Ardgehane/Ballinglanna
Coolea Ecology Group
Cork Environmental Alliance
Donabate Parish Council
Donegal Environmental Alliance
Dulra Magazine
Earthwatch
European Youth for Action
Foyle Basin Council
Friends of the Irish Environment
Friends of the Curragh Environment
Genetic Concern
Glasnevin Avenue Residents Association
Greystones Protection and Development Association
Hermitage and District Residents Association
Inistioge Conservation Society
Irish Doctors for the Environment
Irish Wildlife Trust
Just Forests
Johnstown Residents Association
Keep Ireland Open
Killarney Nature Conservation Group
Kilcoursey Residents Association
Killincarrig Community Association
Kilmaley Anti-Dump Action Group
Knockmealdown Protection Committee
Lancefort Ltd.
Leinster Road Residents Association
London Irish Green Party
Lorretto Grange Residents Association
Mount Argus Road/Grove Residents Association
Moville/Greencastle Residents Group
Native Woodland Trust
Newcastle Residents Association
Newgarden Residents Association
Newtown Area Action Development Group
Novara Sydmonton Residents Association
Poddle Area Resident's Association
Rathgar Residents Association
Ringaskiddy and District Residents Association
Rural Environmental Awareness Protection Group
Sandcove Seafront Residents Association
Sandford Road Residents Association
Save Glending Group
Stradbelly Environmental Protection Group
Strand Street Residents Group
Strawberry Beds Residents Association
Union Hall Residents Committee
VOICE
Waste Action Group
Wicklow Environmental Solutions Trust
Wicklow Planning Alliance
Willow Cedar Action Group
Woodbrook and Stratten Pines Residents Association
Woodquay & District Residents Association.