Local Government (Planning and Development) (Fees) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 525/2001
• Year: 2001

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 10 and 89 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by 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:-
	Citation.	1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Fees) Regulations, 2001.
(2) These Regulations and the Local Government (Planning and Development) Regulations, 1994 to 2000 shall be construed as one and may be cited together as the Local Government (Planning and Development) Regulations, 1994 to 2001.
	Commencement.	2. (1) These Regulations, other than article 3 (b), article 4 and the Schedule to these Regulations, shall come into operation on 30 November 2001.
(2) Article 3 (b), article 4 and the Schedule to these Regulations shall come into operation on 1 January 2002.
	Amendment of 1994 Regulations.	3. The Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ) are hereby amended -
(a) by the insertion after paragraph (d) of sub-article (2) of article 93 thereof of the following paragraph:-
(e) an application for permission for development which relates to development authorised by a permission to which section 96 (15) of the Planning and Development Act, 2000 (No. 30 of 2000) applies.”, and
(b) by the substitution for the Fourth, Fifth, Sixth and Seventh Schedules (as inserted by the Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998 ( S.I. No. 128 of 1998 ) and as amended by the Local Government (Planning and Development) (No. 2) Regulations, 1999 ( S.I. No 431 of 1999 )) of the Schedules set out in the Schedule to these Regulations.
	Revocation	4. The Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998 are hereby revoked.
SCHEDULE
“FOURTH 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. (a) Subject to paragraph (b), at references 7, 8, 13 and 14 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 land which are incidental to the use.
(b) At reference 13 of column 1 of Section II of this Schedule “use of land” shall not include the carrying out of works for the provision of a club house or related facilities for persons using the golf course or pitch and putt course, or the retention of any such structures.
Section II
Scale of Fees for Planning Applications
Column 1 Column 2 Class of Development Amount of Fee 1. The provision of dwellings. €59 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). €30 (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. €30 (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. €30 2A. Works consisting of development which would be exempted development but for the provisions of section 8(1) of the Act of 1999 or article 10(A) of these Regulations. €30 3. The provision of buildings or other structures for the purposes of agriculture. (i) In the case of buildings, €73, or €0.95 for each square metre of gross floor space to be provided in excess of 300 square metres, whichever is the greater, (ii) in the case of any other structures, €73, and subject to a maximum of €276. 4. The provision of buildings or other structures for the purposes of the keeping of horses (other than horses kept for use in the farming of land), ponies or greyhounds. (i) In the case of buildings, €73, or €0.95 for each square metre of gross floor space to be provided in excess of 100 square metres, whichever is the greater, (ii) in the case of any other structures, €73, and subject to a maximum of €276. 5. The provision of buildings other than buildings coming within class 1, 2, 2A, 3 or 4. €74, or €3.30 for each square metre of gross floor space to be provided, whichever is the greater. 6. (a) The use of uncultivated land or semi-natural areas for intensive agricultural purposes, €276 (b) Initial afforestation, €4.60 for each hectare of site area. (c) The replacement of broadleaf high forest by conifer species, €73, or €4.60 for each hectare of site area, whichever is the greater. (d) Peat extraction. €4.60 for each hectare of site area. 7. The use of land for— €462, or €46.20 for each 0.1 hectare of site area, whichever is the greater. (a) the winning and working of minerals, (b) the deposit of refuse or waste. 8. The use of land for— €73, or €46.20 for each 0.1 hectare of site area, whichever is the greater. (a) the keeping or placing of any tents, caravans or other structures (whether or not movable or collapsible) for the purpose of caravanning or camping or the sale of goods, (b) the parking of vehicles, (c) the open storage of vehicles or other objects or substances. 9. The provision on, in or under land of plant or machinery, or of tanks or other structures (other than buildings) for storage purposes. €185, or €46.20 for each 0.1 hectare of site area, whichever is the greater. 10. The provision of a petrol filling station. €185. 11. The provision of an advertisement structure or the use of an existing structure or other land for the exhibition of advertisements. €73, or €19 for each square metre, or part thereof, of advertising space to be provided, whichever is the greater. 12. The provision of overhead transmission or distribution lines for conducting electricity, or over-head telecommunications lines. €73, or €46.20 per 1,000 metres length, or part thereof, whichever is the greater. 13. The use of land as a golf course or a pitch and putt course. €46.20 for each hectare of site area. 14. The use of land as a burial ground. €185, or €46.20 for each hectare of site area, whichever is the greater. 15. Development not coming within any of the foregoing classes. €73, or €9.25 for each...