In August 2000, the European Commission advised Ireland that it had received a complaint that a fee for the making of a submission on a planning application would restrict citizens' rights to participate in development consent procedures contrary to the public participation provisions of the EIA Directive and contrary to the spirit of the 1998 UNECE Aarhus Convention. Ireland's response of 6 December 2000 explained, inter alia, that the proposed submission fee would in no way contravene the terms of either the directive or the convention and that the Planning and Development Act, 2000, made a number of important changes of primary legislation to confer greater rights on third parties. The long-standing right of public access to planning files free of charge has been continued and indeed enhanced under the new Act.
In October 2001, the Commission issued a further letter, under Article 226 of the EU Treaty, indicating that the EIA Directive makes no express provision for the payment of a participation fee and suggesting that the submission fee may act as a serious impediment to the expression of opinions and undermine the purpose of the directive. A reply is about to issue to the Commission in refutation of this claim.
Article 6 of the directive specifies that the detailed arrangements for public participation are a matter for individual member states. The 2000 Act has considerably strengthened public participation in the planning process and I am satisfied that the fee of €20 will not deter any person or body who has genuine concerns in relation to a planning application.