Planning and Development Act, 2000
Fees payable to planning authorities.
246.—(1) The Minister may make regulations providing for—
(a) the payment to planning authorities of prescribed fees in relation to applications for—
(i) permission under Part III, or
(ii) extensions or further extensions under section 42 ,
(b) the payment to planning authorities of prescribed fees in relation to the making of submissions or observations respecting applications for permission referred to in paragraph (a),
(c) the payment to planning authorities of prescribed fees in relation to requests for declarations under section 5 ,
(e) the payment to planning authorities of prescribed fees in relation to applications for grants of licences under section 254 ,
and the regulations may provide for the payment of different fees in relation to cases of different classes or descriptions, for exemption from the payment of fees in specified circumstances, for the waiver, remission or refund (in whole or in part) of fees in specified circumstances and for the manner in which fees are to be disposed of.
(2) The Minister may prescribe that the fee payable to the authority for an application for permission under section 34 (12) shall be an amount which shall be related to the estimated cost of the development, or the unauthorised part thereof, as the case may be.
(3) (a) Where, under regulations made under this section, a fee is payable to a planning authority or local authority by an applicant in respect of an application under paragraph (a), (d) or (e) of subsection (1) or by a person making a request for a declaration under paragraph (c) of subsection (1), the application shall not be decided, or the declaration issued, unless the authority is in receipt of the fee.
(b) With regard to applications under paragraph (a) of subsection (1), notwithstanding anything contained in section 34 (8) or 42(2), a decision of a planning authority shall not be regarded, pursuant to any of those sections, as having been given on a day which is earlier than that which is 8 weeks after the day on which the authority is in receipt of the fee, and section 34 (8) and 42(2) shall be construed subject to and in accordance with the provisions of this paragraph.
(4) Where under regulations under this section a fee is payable to a planning authority or local authority and the person by whom the fee is payable is not the applicant for a permission, approval or licence, submissions or observations made, as regards the relevant application, appeal or referral by or on behalf of the person by whom the fee is payable, shall not be considered by the planning authority or local authority unless the fee has been received by the authority.