Challenge to planning fees adjourned

The High Court has adjourned hearing a challenge to fee charges for submissions to An Bord Pleanála over planning permission …

The High Court has adjourned hearing a challenge to fee charges for submissions to An Bord Pleanála over planning permission applications and environmental impact assessments.

The stay was sought by the State and will apply pending the outcome of proceedings before the European Court of Justice.

The High Court challenge to the fees requirement has been brought by the Friends of the Environment Ltd.

Mr Justice Roderick Murphy, in a reserved judgment yesterday, noted that the European Commission had raised concerns about the compatibility with community law of the fees requirement, which was introduced under the Planning and Development Act 2000 and regulations made under that Act.

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The court had been told Oonagh Buckley, principal officer of the Department the Environment, Heritage and Local Government, there had been correspondence between the department and the EU requesting Ireland to comment on the complaint.

The department believed was acting within EU directives.

It was told in January that the commission was going to bring proceedings against Ireland, but it had not yet been formally notified of the institution of those proceedings, Ms Buckley said.Mr Justice Murphy granted the stay on the High Court challenge pending resolution of the matters raised by the EU.