Local Government (Planning and Development) (Fees and Amendment) Regulations, 1983

• Jurisdiction: Ireland
• Year: 1983
• Citation: IR SI 30/1983

S.I. No. 30 of 1983.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES AND AMENDMENT) REGULATIONS, 1983.
CONTENTS
PART I
PRELIMINARY AND GENERAL
1. Citation.
2. Commencement.
3. Interpretation.
PART II
FEES IN RELATION TO PLANNING APPLICATIONS ETC., TO A PLANNING AUTHORITY
4. Fee to be paid in respect of all planning applications.
5. Standard fee.
6. Reduced fee.
7. Refund of fee in case of certain repeat applications.
8. Limitations on refunds of fee.
9. Claim for refund of fee.
10. Applications involving mixed development.
11. Applications involving multi-purpose development.
12. Applications involving alternative plans.
13. Calculation of site area.
14. Calculation of gross floor space.
15. Fee for submissions or observations as regards a planning application.
16. Fee for applications to extend or further extend the appropriate period.
17. Discretionary power to refund fee in certain limited circumstances.
PART III
FEES FOR APPEALS ETC., TO THE BOARD
18. Fee for appeals.
19. Fee for references.
20. Fee in relation to requests for determinations.
21. Reduced fee payable in certain circumstances.
22. Fee for submissions or observations to the Board.
23. Fee in relation to requests for oral hearings.
PART IV
MISCELLANEOUS
24. Register fee.
25. Outline application not to be made in certain circumstances.
26. Additional matters to be stated in planning applications.
SCHEDULE
FEES FOR PLANNING APPLICATIONS
S.I. No. 30 of 1983.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES AND AMENDMENT) REGULATIONS, 1983.
The Minister for the Environment, in exercise of the powers conferred on him by sections 8 , 10 and 25 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) and 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 as respects Parts I, II and III, hereby makes the following Regulations:—
PART I PRELIMINARY AND GENERAL
	1 Citation.	1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Fees and Amendment) Regulations, 1983.
(2) These Regulations and the Local Government (Planning and Development) Regulations, 1977 to 1982 may be cited together as the Local Government (Planning and Development) Regulations, 1977 to 1983.
	2 Commencement.	2. These Regulations shall come into operation as follows—
( a ) Parts I, II and IV and the Schedule shall come into operation on the 7th day of March, 1983,
( b ) Part III shall come into operation on the 11th day of April, 1983.
	3 Interpretation.	3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
(3) In these Regulations, a reference to a provision of the Act of 1963 which has been amended by the Act of 1976 or by the Act of 1982 is a reference to such provision as so amended.
(4) In these Regulations, a reference to a provision of the Act of 1976 which has been amended by the Act of 1982 is a reference to such provision as so amended.
(5) In these Regulations:—
"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 ;
"the Act of 1976" means the Local Government (Planning and Development) Act, 1976 ;
"the Act of 1982" means the Local Government (Planning and Development) Act, 1982 ;
"the Acts" means the Act of 1963, the Act of 1976 and the Act of 1982;
"appeal" means an appeal to the Board under the Acts or any order made under the Acts;
"approval" means an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts;
"the Board" means An Bord Pleanála;
"the Minister" means the Minister for the Environment;
"minerals" includes all minerals and substances in or under land of a kind ordinarily worked by underground or by surface working for removal but does not include turf;
"oral hearing" means an oral hearing of an appeal or of a reference;
"outline application" means an application for an outline permission;
"outline permission" means a permission for development subject to the subsequent approval of the planning authority;
"permission" includes outline permission;
"planning application" means an application to a planning authority for a permission to develop land and includes—
( a ) an outline application,
( b ) an application for an approval,
( c ) an application for permission for the retention of a structure, and
( d ) an application for permission for the continuance of any use of any structure or other land;
"reference" means a reference under section 5 of the Act of 1963;
"State authority" has the meaning assigned to it by section 84 (2) of the Act of 1963;
"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ).
PART II FEES IN RELATION TO PLANNING APPLICATIONS ETC., TO A PLANNING AUTHORITY
	4 Fee to be paid in respect of all planning applications.	4. Subject to the following provisions of this Part, a fee shall be paid to a planning authority by an applicant in respect of a planning application.
	5 Standard fee.	5. The amount of the fee payable under this Part shall, subject to article 6, be the amount indicated in column 2 of the Schedule opposite the mention of the relevant class of development in column 1 of the Schedule.
	6 Reduced fee.	6. (1) Subject to sub-article (3), the amount of the fee payable under this Part shall, in the case of an application mentioned in sub-article (2), be one-quarter of the amount indicated in column 2 of the Schedule opposite the mention of the relevant class of development in column 1 of the Schedule, or £15, whichever is the greater.
(2) The applications referred to in sub-article (1) are—
( a ) an application for an approval,
( b ) an application for permission for the retention of any structure or for the continuance of any use of land without complying with a condition subject to which a previous permission was granted for the development,
( c ) an application for permission for the retention of any structure or for the continuance of any use of land in respect of which previous permission has been granted for a limited period only (or subject to a condition which is of a kind described in section 26 (2) (j) or 27 (2) (f) of the Act of 1963) and which is made not less than two months before the expiration of the previous permission,
( d ) an application which relates to development which differs from development authorised by a previous permission by reason only of—
(i) a change in the type of dwelling proposed to be constructed, erected or made, or
(ii) the modification of the design or of the external appearance of a building or other structure proposed to be constructed, erected or made.
(3) This article shall have effect only where a fee under these Regulations has been paid in relation to the relevant previous permission or approval.
	7 Refund of fee in case of certain repeat applications.	7. (1) Where a planning application (not being an application for an approval) is either—
( a ) withdrawn before a decision to grant or to refuse the relevant permission is made by the planning authority, or
( b ) determined by the planning authority or by the Board,
and a subsequent such application is made by or on behalf of the same applicant, the planning authority shall, subject to article 8 and article 9, refund three-quarters of the fee paid to them in respect of the subsequent application if, and only if, each of the conditions mentioned in sub-article (2) is complied with.
(2) The conditions referred to in sub-article (1) are—
( a ) the authority are satisfied that the subsequent application relates to development of the same character or description as the development to which the earlier application related, and
( b ) a fee under these Regulations in respect of the class or classes of development to which the subsequent application relates has been paid in respect of the earlier application, and
( c ) the period between the withdrawal or determination of the first application and the making of the subsequent application does not exceed twelve months, and
( d ) the authority are satisfied that the subsequent application relates to land substantially consisting of the site or part of the site to which the earlier application related, and
( e ) no previous refund under this sub-article has at any time been made to the same applicant in respect of an application which related substantially to the same land and to development of the same character or description as that to which the subsequent application relates.
	8 Limitations on refunds of fees.	8. (1) A refund under article 7 shall not be made in any case where a reduced fee has been paid under article 6.
(2) The amount of a refund under article 7 shall not in any case be such as would reduce the balance of the fee in respect of an application to less than £15.
	9 Claim for refund of fee.	9. A refund under article 7 shall be made on a claim in that behalf made in writing to the planning authority and received by them within (but not after) the period of two months beginning on the day of the giving of the decision by the planning authority on the subsequent application.
	10 Applications...