S.I. No. 226/2024 - Planning and Development (Fees for Certain Applications) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st May, 2024.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 306 of the Planning and Development Act 2000 (No. 30 of 2000), as amended, (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 )), hereby make the following regulations:

Citation and construction

1. (1) These Regulations may be cited as the Planning and Development (Fees for Certain Applications) Regulations 2024.

(2) The collective citation “Planning and Development Regulations 2001 to 2024” includes these Regulations.

Interpretation

2. In these Regulations, “Principal Regulations” means the Planning and Development Regulations, 2001 ( S.I. No. 600 of 2001 ).

Fees for Maritime Planning applications

3. The following article is inserted after article 172 of the Principal Regulations

“Fees for maritime planning applications”

172A. The fee payable in respect of maritime planning applications.

(1) Fees payable to the Board in respect of

i. Consultations prior to application for permission under section 287 of the Act,

ii. Application under section 291 of the Act for proposed development in Maritime Area that comes within the Eighth Schedule,

iii. Application under section 291 of the Act for Maritime Area Development not listed in the Eighth Schedule,

iv. Requests, under section 297 of the Act for alterations to permissions granted, and

v. The making of submissions and observations in accordance with section 291 or 292

are set out in Section 4 of Schedule 9, Scale of Fees for Maritime Planning Applications.

(2) Paragraph (v) of sub-article (1) shall not apply where the person or body by whom a submission or observation is made is -

i. The Minister;

ii. the Minister for the Environment, Climate and Communications;

iii. the Minister for Transport;

iv. the Minister for Defence;

v. the Minister for Agriculture, Food and the Marine;

vi. the Environmental Protection Agency;

vii. the Maritime Area Regulatory Authority;

viii. the Minister for Rural and Community Development;

ix. Marine Institute;

x. Inland Fisheries Ireland;

xi. Health and Safety Authority;

xii. Commission for Regulation of Utilities;

xiii. Fáilte Ireland, where the development might obstruct or detract from any tourist amenity;

xiv. An Taisce;

xv. a local authority, where the area of the local authority might be affected by the development;

xvi. a relevant regional assembly;

xvii. National Transport Authority;

xviii. Irish Aviation Authority, where the development might endanger or interfere with the safety of, or the safe and efficient operation of, aircraft;

xix. Sustainable Energy Authority of Ireland;

xx. Eirgrid;

xxi. Commissioner of Irish Lights;

xxii. Irish Coastguard;

xxiii. if any transboundary considerations apply, the Northern Ireland Department for Regional Development, the Loughs Agency and the Minister for Foreign Affairs.

4. The following section is inserted after Section 3 of Schedule 9 of the Principal Regulations

“Section 4”

Scale of Fees for Maritime Planning Applications

GIVEN under my Official Seal,

17 May, 2024.

DARRAGH O’ BRIEN,

Minister for Housing, Local Government and Heritage.