Fees payable to the Board in respect of

Strategic Infrastructure Development,

Appeals, Referrals and related matters.

1. Determination of Fees

The Board, in exercise of the powers conferred on it under section 144(1) of the Planning and Development Act 2000, as amended by section 27 of the Planning and Development (Strategic Infrastructure) Act 2006, determined fees, subject to the approval of the Minister for the Environment, Heritage and Local Government, to be payable to the Board in relation to applications for strategic infrastructure development, appeals, applications for leave to appeal, referrals, oral hearings, and submissions or observations.

2 Definitions

In this document,

• “the 2000 Act” means the Planning and Development Act 2000; “the2006 Act” means the Planning and Development (Strategic Infrastructure) Act 2006; “the Acts” meanthePlanning and Development Acts 2000 to 2006; and “the 2001 Regulations” mean the Planning and Development Regulations 2001.

• the expressions “appeal”, “referral”, “State authority”, “environmental impact statement” and “unauthorised development” have the meanings ascribed to them under section 2 of the 2000 Act; “development agency” has the meaning ascribed to it under section 165 of the 2000 Act; “strategic infrastructure development” has the meaning ascribed to it under section 6 of the 2006 Act but also includes development in respect of a request under section 146B of the 2000 Act, as inserted by section 30 of the 2006 Act; and “transboundary State” has the meaning ascribed to it under article 3 of the 2001 Regulations. “Licence" means a licence under section 254 of the 2000 Act;

• “commercial development” means development for the purpose of any professional, commercial or industrial undertaking; development in connection with the provision for reward of services to persons or undertakings; or development consisting of the provision of two or more dwellings; but does not include development for the purposes of agriculture;

• a reference to a paragraph or Schedule is a reference to a paragraph or the Schedule in this document, and a reference to a subparagraph is to a subparagraph of the paragraph in which the reference occurs, unless it is indicated otherwise.

3 Applications for Strategic Infrastructure Development

(1) Subject to subparagraphs (2) and (3), the amount of fee payable to the Board by a person making an application for strategic infrastructure development shall be the amount indicated in column 2 of the Schedule opposite the mention of strategic infrastructure development in column 1 of the Schedule.

(2) Where a fee has been, or is due to be, paid in respect of an application for strategic infrastructure development, the Board may decide to waive or refund, in whole or in part, the fee in respect of a related application for strategic infrastructure development if one of the applications involves compulsory acquisition of land referred to in section 214, 215A or 215B of the 2000 Act, as amended, and the other application involves development of a type specified in paragraphs (a) to (g) in the definition of “strategic infrastructure development” of section 2(1) of the 2000 Act, as amended.

(3) Where a fee has been paid to the Board in respect of a request under section 146B of the 2000 Act, as amended, a further fee shall not be payable where the applicant submits an environmental impact statement in accordance with section 146C of that Act, as amended.

4 Appeals

(1) Subject to subparagraph (2) and paragraphs 6 and 10, the amount of the fee payable to the Board by a person making an appeal shall be the amount indicated in column 2 of the Schedule opposite the appropriate mention of an appeal in column 1 of the Schedule.

(2) Subject to subparagraph (3), where an environmental impact statement had been submitted to the planning authority in accordance with section 172(1) of the 2000 Act or article 103(1) of the 2001 Regulations in respect of the application, the subject of the appeal, the amount of the fee payable shall be double the amount indicated in column 2 of the Schedule opposite references (b) and (c) in column 1.

(3) Subparagraph (2) shall not apply where the appeal by the applicant is against the terms of a development contribution scheme under section 48(10)(b), or the terms of a supplementary development contribution scheme under section 48(10)(b) as applied by section 49(3), or against a special contribution under section 48(2)(c), of the 2000 Act, or a combination of such matters, and no other conditions are appealed by the applicant.

5 Referrals

Subject to paragraph 6, the amount of the fee payable to the Board by a person making a referral shall be the amount indicated in column 2 of the Schedule opposite the appropriate mention of a referral in column 1 of the Schedule.

6 Reduced Fee for Appeals and Referrals

Where an appeal or a referral is made to the Board by –

(a) a local or planning authority,

(b) a body referred to in article 28 or 137 of the 2001 Regulations, as amended,

(c) the Royal Irish Academy,

(d) a State authority,

(e) a transboundary State, or

(f) a development agency,

the fee to be paid to the Board in respect of the appeal or referral shall be the amount indicated in column 2 of the Schedule opposite the mention of a reduced fee in column 1 of the Schedule.

7 Submissions and Observations

(1) Subject to subparagraphs (2) and (3), the amount of the fee payable to the Board by a person making submissions or observations to the Board in relation to an application for strategic infrastructure development, an appeal, a referral or by a person who is heard at an oral hearing relating to an application for strategic infrastructure development, an appeal or a referral shall be the amount indicated in column 2 of the Schedule opposite the mention of submissions or observations in column 1 of the Schedule.

(2) Subparagraph (1) shall not apply where the person by or on whose behalf submissions or observations are made is –

(a) the applicant for strategic infrastructure development,

(b) a body specified in article 211, 213 or 215 of the 2001 Regulations, as inserted by article 41 of the Planning and Development Regulations 2006, where the body in question is making a submission or observation to the Board in relation to strategic infrastructure development,

(c) the appellant in an appeal or the person making the referral to the Board,

(d) the applicant for the permission or the licence in relation to which the appeal is made,

(e) any person served or issued by a planning authority with a notice or order, or copy thereof, under section 44, 45, 46, 88 or 207 of the 2000 Act, in relation to which an appeal is made by another person,

(f) a body referred to in paragraph 6 where the body in question is making a submission or observation in relation to an appeal or referral,

(g) a prospective party to an agreement under section 96 of the 2000 Act, as amended, or any other person with an interest in land to which such an agreement relates,

(h) the owner or occupier of land who refuses consent to a local authority under section 182 of the 2000 Act, or

(i) the owner or occupier of, or other person with a legal interest in, land which is the subject of an application to compulsorily acquire that land or part thereof under functions transferred to the Board section 214 or 215 of the 2000 Act or any provision of the 2006 Act.

(3) Where a fee has been paid under this paragraph by or on behalf of a person making submissions or observations in connection with a particular application for strategic infrastructure development, appeal or referral, a fee shall not be payable in respect of any further submissions or observations made by or on behalf of the same person in relation to the same application, appeal or referral, as appropriate.

8. Oral Hearing

The amount of fee payable to the Board by a person making a request to the Board for an oral hearing of an appeal or a referral shall, in addition to the fee referred to in paragraph 4, 5 or 6, as may be appropriate, be the amount indicated in column 2 of the Schedule opposite the mention of a request for an oral hearing in column 1 of the Schedule.

9. Application for Leave to Appeal

The amount of the fee payable to the Board by a person making an application under section 37(6)(a) of the 2000 Act, as amended, for leave to appeal a decision of a planning authority shall be the amount indicated in column 2 of the Schedule opposite the appropriate mention of an application for leave to appeal in column 1 of the Schedule

10. Appeal following Leave to Appeal

The amount of the fee payable to the Board by a person making an appeal who has been granted leave to appeal by the Board under section 37(6)(d) of the 2000 Act, as amended, shall be the amount indicated in column 2 of the Schedule opposite the mention of an appeal following a grant of leave to appeal in column 1 of the Schedule.

11. Refund of Fees in respect of Strategic Infrastructure Development

(1) Where the Board recoups the costs incurred by it of determining an application for strategic infrastructure under provisions of the 2006 Act, it shall offset the fee charged for making the application from such costs or, where the fee exceeds the said costs, it shall make a refund of part of the fee equal to the difference between the said costs and the fee.

(2) Where the Board is not entitled to recoup the costs incurred by it of determining an application for strategic infrastructure under provisions of the 2006 Act and where the costs of determining the application is less than the fee charged for making the application, the Board shall make a refund of part of the fee equal to the difference between the said costs and the fee.

12. Commencement and Transitional Arrangements

(1) The fees set out in the Schedule relating to applications for strategic infrastructure development including fees for making submissions or observations in relation to such applications shall apply where the application is received by the Board on or after 10^th December 2007.

(2) Subject to the provisions of subparagraphs (3) and (4), the fees set out in the Schedule in relation to appeals, referrals, applications for leave to appeal and submissions and observations in relation to appeals and referrals shall apply to such cases which are received by the Board on or after 10^th December 2007.

(3) The fees set out in the Schedule in relation to an appeal following a grant of leave to appeal or a request for an oral hearing of an appeal or referral shall apply where the application for leave to appeal, or the appeal or referral (or where there is more than one appeal or referral against a determination or other decision of a planning authority, the first appeal or referral), the subject of the appeal or request, is received on or after 10^th December 2007.

(4) In any case where an appeal or other matter is received by the Board under the Local Government (Planning and Development) Acts 1963 to 1999, the fees specified in Chapter III of the Local Government (Planning and Development) Regulations 1994, as amended, will continue to apply to such appeals or other matters.

13. Revocation

The order of the Board dated 10^th December 2004 which determined fees payable to the Board in relation to appeals, applications for leave to appeal, referrals, oral hearings and submissions and observations is herby revoked with effect from 9^th December 2007, except that fees for appeals following grants of leave to appeal or for oral hearings set out in the order of 10^th December 2004 shall continue to apply where the appeal, referral or the application for leave to appeal, the subject matter of the appeal or oral hearing request, was made before 10^th December 2007.

Fees Payable to the Board