Government in legal battle to keep €20 planning fee

ENVIRONMENTALISTS have expressed concern at the Government’s fight to keep a controversial planning fee.

The European Court of Justice in Luxembourg yesterday began hearing a case in which Ireland is accused of breaching EU environmental legislation by obliging all third-party objectors to planning applications to pay a €20 fee.

It was introduced under the Planning and Development Act 2000, despite strong opposition from a range of environmental groups, including the Friends of the Irish Environment, An Taisce, the Green Party and several local authorities.

Friends of the Irish Environment spokesman Tony Lowes said yesterday that environmentalists were unhappy that opponents of the fee have no right of audience before the European Court of Justice.

“Although the European Commission is well aware of our position, they have to argue the case without the people directly affected having representation,” said Mr Lowes.

“The attitude of the Government in fighting this all the way is also worrying.”

Lawyers acting on behalf of the State are understood to have told the court that a 1985 EU Environmental Impact Assessment Directive contains no express ban on the charging of fees in relation to planning matters.

Meanwhile, the Government is to take a legal action against the European Commission over reductions in the amount of assistance provided for two major infrastructure projects.

Officials in Brussels decided to reduce the original amount due to be contributed under the EU Cohesion Fund as a result of irregularities discovered on inspections of the projects.

It is understood the decision involved a loss of several million euro in funding for the Dublin Region Water Supply Scheme and part of work on the N1 Dunleer-Dundalk road project.

The Government claims such decisions are in breach of proper procedures.

The EU had originally agreed to contribute 80% of the funding on the €33.3 million cost of the scheme to improve water supply in the greater Dublin area.

Other large-scale funding was provided for the upgrading of the Dunleer-Dundalk section of the main Dublin-Belfast road.

Lawyers acting for the Government are also opposing attempts by the Commission to recover almost €800,000 which it claims had been unduly paid.

The case is due to be heard before the European Court of Justice.