Local Government (Planning and Development) Act, 1982

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Fees.

10.—(1) The Minister may, with the consent of the Minister for Finance, make regulations providing for—

(a) the payment to planning authorities of prescribed fees in relation to applications for—

(i) permission under Part IV of the Principal Act,

(ii) approvals required by permission regulations,

(iii) approvals required to be obtained under a condition subject to which a permission or approval is granted under the Principal Act, or

(iv) extensions or further extensions under section 4 of this Act,

(b) the payment to the Board of prescribed fees in relation to appeals or references to, or determinations by, the Board,

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) Where under regulations under this section a fee is payable to a planning authority by an applicant in respect of an application referred to in subsection (1) (a) of this section, the following provisions shall have effect:

(a) the application shall not be decided by the authority unless the authority is in receipt of the fee, and

(b) notwithstanding anything contained in section 26 (4) or 27 (3) of the Principal Act or in section 4 (2) of this Act, 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 two months after the day on which the authority is in receipt of the fee, and the said sections 26 (4), 27 (3) and 4 (2) shall be construed subject to and in accordance with the provisions of this paragraph.

(3) Where—

(a) under regulations under this section a fee (other than a fee referred to in subsection (6) of this section) is payable to the Board by an appellant in respect of an appeal by him to the Board, and

(b) the provision of the Local Government (Planning and Development) Acts, 1963 and 1976, authorising the appeal enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, that provision shall be construed as including—

(i) a requirement that the fee is to be received by the Board within, or before the expiration of, that period, or before that day (or, if the fee is sent by post, not later than the third day after that period or day), and

(ii) a provision that if the fee is not so received, the appeal shall be invalid.

(4) Where under regulations under this section a fee is payable either to a planning authority or to the Board and the person by whom the fee is payable is not—

(a) the applicant for a permission, approval or licence, or

(b) an appellant to the Board, or

(c) the person making a reference to, or a request for a determination by, the Board,

submissions or observations made, as regards the relevant application, appeal, reference or determination, by or on behalf of the person by whom such fee is payable, shall not be considered by the planning authority or the Board, as may be appropriate, if the fee has not been received by the authority or the Board.

(5) Where under regulations under this section a fee is payable to the Board by a person making a reference to, or a request for a determination by, the Board, the relevant question or matter shall not be decided or determined by the Board unless the fee is received by the Board.

(6) Where under regulations under this section fees are payable to the Board in respect of requests for oral hearings of appeals or references to the Board, such a request shall not be considered by the Board if the fee so payable in respect of the request is not received by the Board.

(7) The provisions of subsection (3) of this section are in addition to, and not in substitution for, the provisions of section 22 of the Act of 1976.