Section 144 of the Planning and Development Act 2000, as amended, allows An Bord Pleanála to determine the fees for:
- applications for leave to appeal,
- observations or submissions,
- requests for oral hearings,
- scoping requests, and
- other functions.
The Local Government (Water Pollution) Act 1977 does not allow An Bord Pleanála to determine the fees for appeals made under section 20. Fees for this type of appeal are determined by the Minister for Housing, Local Government and Heritage. Similar powers allowing the Board to set fees exist in the Building Control and Water Pollution legislation.
The proposed fees must be approved by the Minister for Housing, Local Government and Heritage before they are introduced. If the fees are being adjusted in line with the Consumer Price Index and for no other reason, the revised fees do not have to be approved by the Minister. The Board reviews the fees by reference to the Consumer Price Index at least every three years and on other occasions when required.