Environment group ‘disappointed’ as court set to rule in favour of planning charges

STATE agencies can continue to charge people €20 and €45 to object to or make an observation on a planning application, according to an opinion from the European Court in Luxembourg.

The court decided the fees were not so large as to deter people from objecting.

Friends of the Irish Environment (FIE) spokesperson Tony Lowes said he was very disappointed but not surprised at the opinion.

The FIE, representing more than 60 organisations, complained about the charge six years ago to the European Commission, which then ordered Ireland to drop the fee.

When the Government refused, the commission took them to the European Court last year arguing it was against EU law.

But the advocate general’s opinion issued yesterday said there was nothing in EU legislation banning any country from charging such fees.

The opinion was welcomed by Environment and Local Government Minister Dick Roche yesterday.

The court’s final judgement is expected later this year but it normally agrees with the opinion.

Advocate General Christine Stix-Hackl suggests the court dismiss the commission’s case, saying that the required fees for an appeal are not significant enough to dissuade the average person from submitting observations during the planning process.

“We were not allowed make a presentation to the court ourselves but had to go through the commission. I thought they did not fully understand the issue,” Mr Lowes said.

Labour Party MEP Proinsias de Rossa said the number of objections to planning applications had been almost halved because of the fees sought. The Government, he claimed, was using it as a way to put people off objecting.

No other EU country had introduced such fees, he complained.

In a statement, Mr Roche said the 2000 Planning Act that introduced the fee had enhanced the public’s rights to be consulted.

“This fee must be seen as part of a package of measures designed to enhance the service provided to the public by planning authorities and An Bord Pleanála,” he said.

“Members of the public now get a much better service from their planning authorities, including receipt and acknowledgement of their submission, written notification of receipt of further information and notification of the determination of the planning authority.”