S.I. No. 128/1998 -- Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998.
1998
128
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S.I. No. 128/1998:
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES) (AMENDMENT) (NO. 2) REGULATIONS, 1998.
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LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (FEES) (AMENDMENT) (NO. 2) REGULATIONS, 1998.
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The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by section 8 of that Act (as amended by section 12 of 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, hereby makes the following Regulations:--
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Citation |
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1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998.
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(2) The collective citation "the Local Government (Planning and Development) Regulations, 1994 to 1998" shall include these Regulations.
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Commencement |
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2. (1) These Regulations, other than Article 3(2) and the Second Schedule to these Regulations, shall come into operation on the 1st day of May, 1998.
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(2) Article 3(2) and the Second Schedule to these Regulations shall come into operation on the 15th day of June, 1998.
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Amendment of 1994 Regulations |
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3. (1) The Local Government (Planning and Development) Regulations, 1994 are hereby amended by the deletion of the Fourth, Sixth and Seventh Schedules thereof and the substitution therefor of the Schedules set out in the First Schedule to these Regulations.
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(2) The Local Government (Planning and Development) Regulations, 1994 are hereby amended by the deletion of the Fifth Schedule thereof and the substitution therefor of the Schedule set out in the Second Schedule to these Regulations.
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Revocation |
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4. The Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1998 are hereby revoked.
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FIRST SCHEDULE
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"FOURTH SCHEDULE
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FEES FOR PLANNING APPLICATIONS
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SECTION 1
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Interpretation
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1. For the purposes of this Schedule, a dwelling, building or other structure or thing may be provided by--
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(a) the carrying out of works,
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(b) the making of a material change in the use of a structure,
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(c) the retention on land of a structure already constructed, erected or made, or
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(d) the continuance of a use of any structure,
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and "provision" shall be construed accordingly.
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2. (a) Subject to paragraph (b), at references 7, 8, 13 and 14 of column 1 of Section II of this Schedule "use of land" shall include the continuance of a use of land, and the carrying out of works, or the retention of structures, on, in or under the land which are incidental to the use.
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(b) At reference 13 of column 1 of Section II of this Schedule "use of land" shall not include the carrying out of works for the provision of a club house or related facilities for persons using the golf course or pitch and putt course, or the retention of any such structures.
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SECTION II
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Scale of Fees for Planning Applications
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Column 1
Class of Development
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Column 2
Amount of Fee
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1. The provision of dwellings.
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£47 for each dwelling.
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2. (a) Any works for the carrying out of maintenance,improvement or other alteration of an existing dwelling (including any works for the provision of an extension or the conversion for use as part of the dwelling of any garage, store, shed or other structure).
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£24
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Column 1
Class of Development
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Column 2
Amount of Fee
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(b) Any other works, including the erection of structures, within the curtilage of an existing dwelling, for purposes ancillary to the enjoyment of the dwelling as such.
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£24
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(c) The erection, construction or alteration within or bounding the curtilage of an existing dwelling of gates, railings, fences, walls or other means of enclosure.
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£24
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3. The provision of buildings or other structures for the purposes of agriculture.
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(i) In the case of buildings, £58, or £0.75 for each square metre of gross floor space to be provided in excess of 300 square metres, whichever is the greater,
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(ii) in the case of any other structures, £58,
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and subject to a maximum of £218.
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4. The provision of buildings or other structures for the purposes of the keeping of horses (other than horses kept for use in the farming of land), ponies or greyhounds.
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(i) In the case of buildings, £58, or £0.75 for each square metre of gross floor space to be provided in excess of 100 square metres, whichever is the greater,
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(ii) in the case of any other structures, £58,
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and subject to a maximum of £218.
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5. The provision of building other than buildings coming within class 1, 2, 3 and 4.
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£58 or £2.60 for each square metre of gross floor space to be provided, whichever is the greater.
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6. (a) The use of uncultivated land or semi-natural areas for intensive agricultural purposes.
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£218
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(b) Initial afforestation.
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£3.65 for each hectare of site area.
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Column 1
Class of Development
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Column 2
Amount of Fee
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(c) The replacement of broadleaf high forest by conifer species.
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£58, or £3.65 for each hectare of site area, whichever is the greater.
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(d) Peat extraction.
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£3.65 for each hectare of site area.
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7. The use of land for--
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£364, or £36.40 for each 0.1 hectare of site area, whichever is the greater.
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(a) the winning and working of minerals,
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(b) the deposit of refuse or waste.
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8. The use of land for--
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£58, or £36.40 for each 0.1 hectare of site area, whichever is the greater.
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(a) the keeping of placing of any tents, caravans or other structures (whether or not movable or collapsible) for the purpose of caravanning or camping or the sale of goods,
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(b) the parking of vehicles,
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(c) the open storage of vehicles or other objects or substances.
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9. The provision on, in or under land of plant or machinery, or of tanks or other structures (other than buildings) for storage purposes.
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£146, or £36.40 for each 0.1 hectare of site area, whichever is the greater.
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10. The provision of a petrol filling station.
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£146
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11. The provision of an advertisement structure or the use of an existing structure or other land for the exhibition of advertisements.
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£58, or £15 for each square metre or part thereof, of advertising space to be provided, whichever is the greater.
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Column 1
Class of Development
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Column 2
Amount of Fee
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12. The provision of overhead transmission or distribution lines for conducting electricity, or overhead telecommunications lines.
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£58, or £36.40 per 1,000 metres length, or part thereof, whichever is the greater.
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13. The use of land as a golf course or a pitch and putt course.
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£36.40 for each hectare of site area.
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14. The use of land as a burial ground.
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£146, or £36.40 for each hectare of site area, whichever is the greater.
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15. Development not coming within any of the foregoing classes.
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£58, or £7.30 for each 0.1 hectare of site area, whichever is the greater.
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SECTION III
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Maximum and minimum fees for planning applications
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1. The maximum fee payable to a planning authority by an applicant in respect of an outline application shall be £11,250.
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2. The maximum fee payable to a planning authority by an applicant in respect of an application for which article 93 applies shall be £3,750.
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3. The maximum fee payable to a planning authority by an applicant in respect of an application to which article 91 applies shall be £22,500.
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4. The maximum fee payable to a planning authority by an applicant in respect of any planning application other than an application mentioned in paragraph 1, 2 or 3 shall be £15,000.
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5. The minimum fee payable to a planning authority by an applicant in respect of a planning application shall be £24 and in any case where the planning authority make a refund in respect of a planning application the refund shall not be such as to reduce the balance of the fee to less than £24.
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SIXTH SCHEDULE
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Miscellaneous Fees
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Column 1
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Column 2
Amount of Fee
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Application under section 4 of Act of 1982
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£45
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Copy of an entry in the register
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£7.30
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SEVENTH SCHEDULE
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LICENCE FEES UNDER SECTION 89 OF ACT OF 1963 IN RESPECT OF SPECIFIED APPLICANCES AND STRUCTURES
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Column 1
Appliance or Structure
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Column 2
Licence Fee
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Part I
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Applicances and structures for servicing vehicles:
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(a) A petrol or oil pump (including any delivery hose, air pipe, waterpipe or other attachment).
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£45
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(b) A movable pump or other applicance for dispensing any oil or oil derivative or mixture thereof.
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£22
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(c) A delivery pipe or hose attached to a petrol or oil pump which is not on a public road.
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£22
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(d) A petrol, oil or other storage tank (whether sub-divided or not) together with any associated manhole, inlet, outlet or pipe for connection with a pump.
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£4.50 for each 5,000 litres capacity or part thereof.
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(e) A pipe or an applicance with a pipe attachment for dispensing air or water not being a pipe or applicance attached to a petrol or oil pump for which a fee is prescribed under paragraph (a) above.
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£6
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Part II
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Other applicances and structures:
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(a) A vending machine or other coin operated machine (not being a weighing machine) which is on a public road.
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£45
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(b) An applicance of any type referred to in Part I of this Schedule which is not used for servicing vehicles.
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£22
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(c) A case, rack, shelf or other applicance or structure for displaying articles for the purpose of advertisement or sale in or in connection with any adjacent business premises.
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£22
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Column 1
Appliance or Structure
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Column 2
Licence Fee
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(d) An advertisement consisting of any symbol, emblem, model, device or logo which is on a public road.
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£22
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(e) An advertisement structure which is on a public road.
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£22
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(f) A hoarding, fence or scaffold (not being a hoarding, fence or scaffold bounding a public road).
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£22
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(g) A town or landscape map on a public road.
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£6
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(h) A weighing machine on a public road.
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£6
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(i) A cable, wire or pipeline (not being a cable for conducting electricity for domestic or agricultural purposes or a drain or waterpipe).
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£11 per 800 metres length or part thereof.
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(j) Tables and chairs outside a hotel, restaurant or public house.
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£45
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Part III
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(a) A bridge, arch, tunnel, passage or other similar structure used or intended for use other than by the public and constructed on or after the 1st day of October, 1964.
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£22
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(b) A cellar or other underground structure constructed on or after the 1st day of October, 1964.
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£22
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(c) A lamp-post.
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£11
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(d) A cable for conducting electricity for domestic or agricultural purposes.
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£11
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(e) A cabinet used as part of a wired broadcast relay system by a person licensed under the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.
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£11
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SECOND SCHEDULE
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"FIFTH SCHEDULE
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FEES PAYABLE TO THE BOARD
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Column 1
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Column 2
Amount of Fee
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(a) Appeal against a decision of a planning authority on a planning application relating to commercial development, made by the person by whom the planning application was made.
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£300
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(b) Appeal other than an appeal mentioned at (a).
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£120
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(c) Reference.
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£120
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(d) Request for a determination
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£120
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(e) Reduced fee.
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£60
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(f) Submission or observations.
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£36
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(g) Request for an oral hearing.
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£60
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Signed this 30th day of April, 1998.
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NOEL DEMPSEY,
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Minister for the Environment and Local Government.
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The Minister for Finance hereby consents to these Regulations.
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GIVEN under the Official Seal of the Minister for Finance, this 30th day of April, 1998.
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CHARLIE McCREEVY,
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Minister for Finance.
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EXPLANATORY NOTE.
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These Regulations revise the fees payable to planning authorities in respect of planning applications, applications for the extension of the duration of planning permissions, requests for copies of entries in the planning register and the licence fees payable to planning authorities in respect of specified appliances and structures with effect from 1 May, 1998. Fees payable to An Bord Pleanála for planning appeals, references and other matters are revised with effect from 15 June, 1998.
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These Regulations are the same as the Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1998 made on 21 April 1998, which they replace, except that the application of revised fees payable to An Bord Pleanála for planning appeals, references and other matters has been deferred to 15 June, 1998 to enable planning authorities to give adequate notice for the revised appeal fees when conveying their decisions on planning applications and other matters.
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