S.I. No. 349/1993 - Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1993.

S.I. No. 349 of 1993.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES) (AMENDMENT) REGULATIONS, 1993.

The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) and section 8 of that Act (as amended by section 12 of the Local Government (Planning and Development) Act, 1982 (No. 21 of 1982)), and by section 10 of the Local Government (Planning and Development) Act, 1982 , and with the consent of the Minister for Finance, hereby makes the following Regulations:—

1 Citation.

1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1993.

(2) These Regulations and the Local Government (Planning and Development) Regulations, 1977 to 1992 may be cited together as the Local Government (Planning and Development) Regulations, 1977 to 1993.

2 Commencement.

2. (1) These Regulations shall come into operation on the 1st day of February, 1994.

(2) Notwithstanding the provisions of these Regulations, where a planning application or an application under section 4 of the Local Government (Planning and Development) Act, 1982 for an extension or further extension as regards a particular permission of the appropriate period within the meaning of section 2 (5) of that Act is received by a planning authority prior to the coming into operation of these Regulations, the fee to be paid to the planning authority shall be the fee payable under the Regulations of 1984 as amended by the Regulations of 1991.

3 Interpretation.

3. In these Regulations—

"planning application" has the meaning assigned to it by article 3 (6) of the Regulations of 1984;

"the Regulations of 1984" means the Local Government (Planning and Development) (Fees) Regulations, 1984 ( S.I. No. 358 of 1984 );

"the Regulations of 1991" means the Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1991 ( S.I. No. 187 of 1991 ).

4 Amendment of 1984 Regulations.

4. The Regulations of 1984 are hereby amended by the substitution for the First Schedule (as amended by the Regulations of 1991) and Second Schedule thereto of the First and Second Schedules set out in the Schedule to these Regulations.

SCHEDULE

FIRST SCHEDULE

FEES FOR PLANNING APPLICATIONS

SECTION I

INTERPRETATION

1. For the purposes of this Schedule, a dwelling, building or other structure or thing may be provided by—

( a ) the carrying out of works,

( b ) the making of a material change in the use of a structure,

( c ) the retention on land of a structure already constructed, erected or made, or

( d ) the continuance of a use of any structure,

and "provision" shall be construed accordingly.

2. At references 5 and 6 of column 1 of Section II of this Schedule "use of land" shall include the continuance of a use of land and the carrying out of works, or the retention of structures, on, in or under the relevant land, which are incidental to the use.

SECTION II

SCALE OF FEES FOR PLANNING APPLICATIONS

Column 1

Class of Development

Column 2

Amount of Fee

1. The provision of dwellings.

£42 for each dwelling.

2. ( a ) Any works for the carrying out of maintenance, improvement or other alteration of an existing dwelling (including any works for the provision of an extension or the conversion for use as part of the dwelling of any garage, store, shed or other structure).

£21

( b ) Any other works, including the erection of structures, within the curtilage of an existing dwelling, for purposes ancillary to the enjoyment of the dwelling as such.

£21

( c ) The erection, construction or alteration within or bounding the curtilage of an existing dwelling of gates, railings, fences, walls, or other means of enclosure.

£21

3. The provision of buildings or other structures for the purposes of agriculture.

(i) In the case of buildings, £52 or £0.65 for each square metre of gross floor space to be provided in excess of 300 square metres, whichever is the greater and subject to a maximum of £195.

(ii) In the case of any other structures, £52.

3A. ( a ) Use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area involved would be greater than 100 hectares.

£195

( b ) Initial afforestation, where the area involved would be greater than 200 hectares.

£3.25 for each hectare of site area.

( c ) The replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares.

£52, or £3.25 for each hectare of site area, whichever is the greater.

( d ) Peat extraction which would involve a new or extended area of 50 hectares or more.

£3.25 for each hectare of site area.

4. The provision of buildings other than buildings coming within class 1, 2 or 3.

£52, or £2.30 for each square metre of gross floor space to be provided, whichever is the greater.

5. The use of land for-

( a ) the winning and working of minerals,

(b) the deposit of refuse or waste.

£325 or £32.50 for each 0.1 hectare of site area, whichever is the greater.

6. The use of land for-

(a) the keeping or placing of any tents, caravans or other structures (whether or not moveable or collapsible) for the purpose of caravanning or camping or the sale of goods,

(b) the parking of vehicles,

£52 or £32.50 for each 0.1 hectare of site area, whichever is the greater.

7. The provision on, in or under land of plant or machinery, or of tanks or other structures (other than buildings) for storage purposes.

£130, or £32.50 for each 0.1 hectare of site area, whichever is the greater.

8. The provision of a petrol filling station.

£130

9. The provision of an advertisement structure or the use of an existing structure or other land for the exhibition of advertisements.

£52, or £13 for each square metre, or part thereof, of advertising space to be provided, whichever is the greater.

10. The provision of overhead transmission or distribution lines for conducting electricity.

£52, or £32.50 for each 1,000 metres length, or part thereof, whichever is the greater.

11. Development not coming within any of the foregoing classes.

£52, or £6.50 for each 0.1 hectare of site area, whichever is the greater.

SECTION III

MAXIMUM AND MINIMUM FEES FOR PLANNING APPLICATIONS

1. The maximum fee payable to a planning authority by an applicant in respect of an outline application shall be £7,500.

2. The maximum fee payable to a planning authority by an applicant in respect of an application to which article 9 applies shall be £2,500.

3. The maximum fee payable to a planning authority by an applicant in respect of any planning application other than an application mentioned in paragraph 1 or paragraph 2 shall be £10,000.

4. The minimum fee payable to a planning authority by an applicant in respect of a planning application shall be £21 and in any case where the planning authority make a refund in respect of a planning application the refund shall not be such as to reduce the balance of the fee to less than £21.

SECOND SCHEDULE

MISCELLANEOUS FEES

Column 1

Column 2

Amount of Fee

1. Application under section 4 of the Act of 1982.

£40

2. Copy of an entry in the register.

£6.50

GIVEN under the Official Seal of the Minister for the Environment, this 3rd day of December, 1993.

MICHAEL SMITH,

Minister for the Environment.

The Minister for Finance hereby consents to these Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 3rd day of December, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations revise, with effect from 1 February, 1994, the fees payable to planning authorities in respect of planning applications and applications for extension of the duration of planning permissions and for copies of entries in the planning register.