| 9 NOVEMBER 2006: EU PLANNING FEE JUDGEMENT 'UNACCEPTABLE' |
| FIE and the 67 groups who joined in its 2002 complaint to the European Commission have found the EU Court's ruling that a fee to comment on planning applications is a 'matter of national law' to be unacceptable.
A spokesman for the organisation said that the Court also failed to address the key issue - that of the polluter pays principle. The Court suggested instead that the fee lies within the 'choice of form and methods' each member state may determine for public participation.
But the restrictions brought in to control objectors by the 2000 Planning Act and later legislation have greatly reduced the value of the protection provided by any of our laws to the natural and built environment. 'A planning system should be open and free. Ireland's, once an example to Europe - is now no longer either.'
Press Release
Judgement // Read More // |  |
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| Posted By the editors on 09/11/2006 ( Reads : 1354 ) | Comments (0) | Planning Fee |
| Planning Fee EU Court Hearing |
| The 20 Euro planning 'participation fee'
A hearing took place today in the European Court of Justice arising from a complaint made by Friends of the Irish Environment to the European Commissions' legal affairs division on behalf of more than 60 community and environmental groups against the €20 planning fee.
The fee was introduced to comment on planning applications by Noel Dempsey in the Planning Act 2000. It was part of a set of new obligations on an objector which included the limiting of planning appeals to those who had paid such a fee to object.
At the hearing today before five judges and the Advocate-General Ireland mounted a well-prepared defence, reiterating its claim that the Commission was overstepping the mark.
The Impact Assessment Directive did not debar the imposition of such fees and Article 6 of the Impact Assessment Directive left the detailed arrangements for the consultation of the public to Member States.
They plugged away at the now familiar arguments, arguing that the fee would contribute to an enhanced service, that it would not discourage participation, that it would be mitigated for certain non-governmental organisations or persons merely seeking information in an EIA process, and that only a minority of developments would attract separate participation fees.
Questioned by the Court, Ireland made it clear that the fee was not intended to deter frivolous or vexatious objectors but merely to defray administrative expenses, a different story to the one that the Minister gave in the Oireachtas, where the deterrence of the frivolous and vexatious was a principle reason for the fee.
It is hard not to be uneasy after today's hearing. The procedural questions, particularly from the Advocate General - were notable if only for the fact that they indicated there was no principle that such a fee would be contrary to community legislation.
While no date was given today for the Advocate General's Opinion which generally guides the final Court Judgement, this Advocate General retires in October and we can expect her Opinion before then.
Friends were not represented in the Court nor were we a party to the case. Our own case in Ireland has been stayed by the Irish Courts pending the EU Judgement, precluding our participation in the legal process.
Nor has Ireland referred our case to the European Court, as is done on questions of European law by other member states on a regular basis. Ireland has not once refered a case to the European Court, denying its citizens the valid right of another legal avenue.
And denying us the right to represent the community groups who supported our complaint.
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| Posted By the editors on 25/04/2006 ( Reads : 1905 ) | Comments (0) | Planning Fee |
| 24 April: PLANNING FEE CASE HEARD IN EU COURT |
| The case is being heard today in the European Court of Justice arising from a complaint made by Friends of the Irish Environment to the EU on behalf of more than 60 community and environmental groups against the €20 planning fee.
Read Our Court Report
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| Posted By the editors on 25/04/2006 ( Reads : 1556 ) | Comments (0) | Planning Fee |
| 12 SEPTEMBER: FIE APPEALS 20 EURO PLANNING FEE TO SUPREME COURT |
| FIE has appealed to the Supreme Court against the High Court ruling to grant the government a stay in our proceedings against the 20 Euro fee to object to planning applications.
The stay was granted on the grounds that the matter was the subject of proceedings in the European Court. This is unconstitutional and denies us our rights to seek justice in our own national courts.
The EU has made it clear that it is contrary to the Environmental Impact Assessment Directive to make comment by the public subject to a "participation fee". Ireland is the only EU member state to have required the payment of a fee for considering the public's opinion.
There is no doubt that the €20 fee will be ruled illegal in the end - the Irish Courts are only delaying judgement day at the expense of citizen's rights to be heard in our own open courts.
READ OUR PRESS RELEASE
READ THE HISTORY OF THIS CAMPAIGN // Read More // | |
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| Posted By the editors on 12/09/2005 ( Reads : 1479 ) | Comments (0) | Planning Fee |
| September 12: SUPREME COURT TO HEAR PLANNING OBJECTION €20 FEE CASE |
| The Supreme Court is to hear an appeal against the High Court ruling to grant the government a stay in the proceedings brought by an environmental group against the 20 Euro fee to object to planning applications. The High Court granted the stay to the Minister for the Environment and the Attorney General on the grounds that the matter was the subject of proceedings in the European Court. // Read More // | |
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| Posted By the editors on 12/09/2005 ( Reads : 1622 ) | Comments (0) | Planning Fee |
| 3 AUGUST: EU TO PROCEED AGAINST 20 EURO PLANNING FEE |
| 4 August: Commission to move against 20 euro planning objection fee
FIE has learned that the case against Ireland for imposing a 'participation fee' in the planning process is to proceed to the European Court of Justice.
The case, brought on foot of complaints by FIE on behalf of more than 60 community and environmental groups, alleges that Ireland has failed to make adequate provision to foster and encourage public participation in the environmental impact assessment process and in fact has actively discouraged such public participation by requiring the payment of a fee, which is contrary to the scheme and purpose of the Directive.
The EU legal move parallels FIE own's legal challenge in the Irish Courts, launched earlier this year.
See our website section on this 4 year battle to remove a fee that has resulted in a drop of 50% in comments by the public on proposed developments since its introduction in 2002.
Planning Fee Section // Read More // | |
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| Posted By the editors on 04/08/2004 ( Reads : 1585 ) | Comments (0) | Planning Fee |
| MAY 31: LEGAL CHALLENGE TO €20 PLANNING FEE |
| Friends of the Irish Environment have issued proceedings against the Minister for the Environment and the Attorney General seeking a declaration from the Courts that the requirement for the €20 fee required to comment on a planning application is 'null and void' for projects falling under the Environmental Impact Assessment Directive.
FIE's campaign against the fee began in 1999 when FIE organised a a complaint to the EU about the proposed fee on behalf of more than 60 community and environmental groups.
The European Commission issued a Reasoned Opinion in January 2002, finding the 'participation fee' infringed the EIA Directive.
A Reasoned Opinion is the last stage before the Commission brings a case before the European Court of Justice. Ireland implemented the fee nonetheless. [Read the Taoiseach's garbled response]
Read the submissions to the Minister for the Environment at the time of the introduction of the planning fee.
Fourteen local authorities, including the General Council of County Councils, passed motions to request that the fee would not be implemented. These motions highlighted the poorer decisions that would result as 'members of the public had consistently supplied these authorities with information that was useful and relevant'.
While the Local Authorities do not keep records of the number of objections before the fee was introduced, some have suggested privately that the fee has resulted in a decrease of more than 50% of the objections received. PRESS RELEASE // Read More // | |
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| Posted By the editors on 29/05/2004 ( Reads : 1540 ) | Comments (0) | Planning Fee |
| Taoiseach's gobble-de-gook response to EU €20 planning fee challenge |
| We reprint this extract from the Dail and invite readers to consider for themselves whether the Commission's reasoned opinion contains a statement about the legality of the situation. // Read More // | |
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| Posted By the editors on 29/08/2003 ( Reads : 2223 ) | Comments (0) | Planning Fee |
| Original signatures opposing the €20 planning feee |
| These are the original signatures to the Planning Fee Campaign at the Press Conference in Wednesday 9th February, 1999.
Note our Press Release that day stated:
It has been suggested that the proposals are unconstitutional but the attitude of the Irish Courts to those individuals who take environmental cases in the public interest gives us little hope that the matter can be resolved effectively within Ireland."
// Read More // | |
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| Posted By the editors on 29/08/2003 ( Reads : 1903 ) | Comments (0) | Planning Fee |
| SUMMARY OF SUBMISSIONS OPPOSED TO THE IRISH PLANNING FEE |
| SUMMARY OF SUBMISSIONS
OPPOSED TO THE IRISH PLANNING FEE
obtained under Freedom of Information // Read More // | |
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| Posted By the editors on 29/08/2003 ( Reads : 2356 ) | Comments (0) | Planning Fee |
| Reasoned Opinion of the EU against Ireland's use of a particpation fee |
| addressed to Ireland under Article 226 of the Treaty establishing the European Community, on account of its failure to fulfil obligations under Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC // Read More // | |
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| Posted By the editors on 29/08/2003 ( Reads : 2218 ) | Comments (0) | Planning Fee |
| Text of the Taoiseach's incredible response to EU on Planning Fee |
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Dail report, 21 February, 2002
TEXT OF THE TAOISEACH'S INCREDIBLE RESPONSE // Read More // | |
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| Posted By Gabi on 07/04/2003 ( Reads : 1647 ) | Comments (0) | Planning Fee |
| Supplementary Information for EU - €20 fee |
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We have availed of the EU Directive on Access to Information on the Environment to examine the submissions made to the Department of the Environment in relation to the proposed planning fee and are able at this stage to reinforce the argument of the more than 70 groups who supported our campaign through the attached summary of submissions.
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| Posted By Gabi on 07/04/2003 ( Reads : 1606 ) | Comments (0) | Planning Fee |
| Letter from the Labour Party Spokesman Eamon Gilmore to FIE |
| We are especially concerned at the proposed introduction of charges for the making of Planning Objections and Observations; the restrictions on Appeals to san Bord Pleanala; the limitation on access to the Courts and some aspects of the changes in the Development Plan processes.
// Read More // | |
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| Posted By Gabi on 07/04/2003 ( Reads : 1878 ) | Comments (0) | Planning Fee |
| TD & Senator's Replies to date |
| ACKNOWLEDGEMENTS TO REPRESENTATIONS ON THE PLANNING BILL
(to 20 October, 1999)
FF is Fianna Fail; FG is Fine Gael; Lab is the Labour Party, now joined with DL, Democratic Left. PD is progressive Democrats. FF and PD are a majority coalition and without support from some of them, the Government can ignore the protests. Support of Independents like Mildred Fox could also be critical. [FF 76; FG 53; Labour 18; PD 4; DL 4; Others 10] // Read More // | |
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| Posted By Gabi on 07/04/2003 ( Reads : 1635 ) | Comments (0) | Planning Fee |
| Parliamentary support in the Senate against planning fee |
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The 1999 Planning Bill which we are discussing today introduces a number of substantial changes. It is also intended to accelerate the processing of planning applications. Another major feature is the restrictions on the rights of objectors. // Read More // | |
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| Posted By Gabi on 04/04/2003 ( Reads : 1535 ) | Comments (0) | Planning Fee |
| Planning and Development Bill |
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| Posted By Gabi on 04/04/2003 ( Reads : 1835 ) | Comments (0) | Planning Fee |
| Complaint to DGXI- Planing Bill 1999 |
| Infringement of Environmental Impact Assessment Directive 85/337 resulting from proposals contained in the Irish 1999 Planning Bill - the €20 fee and the barriers to justice. // Read More // | |
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| Posted By Gabi on 04/04/2003 ( Reads : 1471 ) | Comments (0) | Planning Fee |
| Signatures for initial complaint |
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| Posted By Gabi on 04/04/2003 ( Reads : 1839 ) | Comments (0) | Planning Fee |
| Letter to the Irish Uplands Forum |
| Dear Members of the Irish Uplands Forum;
Perhaps you know that FIE is co-ordinating a - Campaigns against three proposed reductions in public participation in the 1999 Planning Bill. We attach our letter to members of the Dail and Senate and the list of community groups and NGOs who are supporting us in this work. // Read More // | |
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| Posted By Gabi on 04/04/2003 ( Reads : 1454 ) | Comments (0) | Planning Fee |
