return of planning fees from council?

celron

hello

I hope I'm asking this question in the right place.
in 2009 I paid 15,000 in planning fees for a large scale commercial development which also including apartments in an area zoned neighbourhood centre.

planning was initially granted by the local authority but an bord pleanala over turned the decision later on appeal from a third party and I lost my planning permission. I was under the impression that i was entitled to 75% of my planning fee back but the council are after telling me that this is only the case if I re-apply and get turned down again.

this would involve further cost for me to re-submit for planning with prob the same battle again with the 3rd party over some different reason next time.

the bottom line is that i just want to get the planning fee back from the council as i don't want to go battling it out any further in an attempt to get planning. I've already spent 70k to date with nothing to show for it so i just want to cut my losses.

i.e 75% of the 15,000 planning fee.

does anyone know whether I'm entitled to the 75% fee back? my engineer thought I was entitled to it back also but the council have said no.

thanks

celron

apologies, i think i put this in the wrong forum

i don't know how to move or delete it.

Poor Uncle Tom

Moved from prices/costs to the main forum.

The return of fees from LA for planning is at the discression of the Planning Department. The relevant section is shown:

Reduced fee
161. (1) Subject to sub-article (3) and Section 3 of Schedule 9, the amount of the fee payable in respect of an application mentioned in sub-article (2) shall be one quarter of the amount indicated in column 2 of Section 2 of the said Schedule, opposite the mention of the relevant class of development in column 1 of Section 2 of the said Schedule.
(2) The applications referred to in sub-article (1) are—
(a) an application for permission consequent on the grant of outline permission,
(b) an application which relates to development which differs from development authorised by a previous permission by reason only of—
(i) a change in the type of house proposed to be constructed, erected or made, or
(ii) the modification of the design or of the external appearance of a building or other structure proposed to be constructed, erected or made, or
(c) an application for permission for development which relates to development authorised by a permission to which section 96(15) of the Act applies.
(3) This article shall have effect only where a fee under this Part or under the 1994 Regulations, as amended by the 1998 Regulations or the 2001 Regulations, has been paid in relation to the relevant previous permission.

Refund of fee in case of certain repeat applications.
162. (1) Where a planning application (not being an application for permission consequent on the grant of outline permission or an application for retention of unauthorised development) is either—
a) withdrawn before a decision to grant or to refuse the relevant permission is made by the planning authority, or
(b) determined by the planning authority or by the Board, and a subsequent such application is made by or on behalf of the same applicant, the planning authority shall, subject to sub-article (3) and article 163 and to paragraph 5 of Section 3 of Schedule 9, refund three quarters of the fee paid to it in respect of the subsequent application if, and only if, each of the conditions mentioned in sub-article (2) is complied with.
(2) The conditions referred to in sub-article (1) are—
(a) the planning authority is satisfied that the subsequent application relates to development of the same character or description as the development to which the earlier application related, (b) a fee under this Part (or under the 1994 Regulations as amended by the 1998 Regulations or the 2001 Regulations) in respect of the class or classes of development to which the subsequent application relates has been paid in respect of the earlier application,
(c) the period between the withdrawal or determination of the first application and the making of the subsequent application does not exceed one year,
(d) the authority is satisfied that the subsequent application relates to land substantially consisting of the site or part of the site to which the earlier application related,
(e) no previous refund under sub-article (1) or under article 94 of the 1994 Regulations has at any time been made to the same applicant in respect of an application which related substantially to the same land and to development of the same character or description as that to which the subsequent application relates, and
(f) the case is not a case where a reduced fee has been paid under article 161 or under article 93 of the 1994 Regulations.
(3) A claim for a refund under this article shall be made in writing to the planning authority and received by it within 8 weeks of the date of the decision of the planning authority in respect of the subsequent application.

Discretionary power to refund fee in certain limited circumstances.
163. (1) Notwithstanding any other provision of this Part, but subject to paragraph 5 of Section 3 of Schedule 9, a planning authority shall have an absolute discretion to refund a part of the fee payable in respect of a particular planning application where it is satisfied that the payment in full of the fee would not be just and reasonable having regard to any of the following—
(a) the limited extent of the development,
(b) the limited cost of the development,
(c) the fee payable in respect of an application for any other development of a similar character, extent or description.
(2) A decision under sub-article (1) shall contain a statement specifying the reasons for the decision.

Applications involving mixed development.
164. (1) Subject to sub-article (2), where a planning application relates to development which is within more than one of the classes mentioned in column 1 of Section 2 of Schedule 9—(a) an amount shall be calculated in accordance with this Part in respect of the development which is within each such class, and
(b) the sum of the amounts so calculated shall, subject to Section 3 of the said Schedule, be taken as the amount of the fee payable in respect of the development to which the application relates.
(2) Sub-article (1) shall not have effect in relation to development comprising the provision of roads, car parks, services, open spaces or any structures or other works which are included in the planning application and are incidental to development of the class or classes to which the application primarily relates.
(3) Where a planning application referred to in sub-article (1) relates to a building which is to contain floor space which it is proposed to use (or which is designed for use or is capable of use) for the purposes of providing common access or common services or facilities for persons occupying or using the building, the amount of such common floor space appropriate to each class of development mentioned in column 1 of Section 2 of Schedule 9 shall be taken, for the purposes of the calculation referred to in sub-article (1)(a), to be such proportion of the common floor space as the amount of floor space coming directly within the class bears to the total amount of gross floor space in the building.


Applications involving multipurpose development.
165. Where a planning application relates to development which is designed for, or capable of, or intended for, use for one of several purposes, the amount of the fee payable in respect of each of the relevant classes of development mentioned in column 1 of Section 2 of Schedule 9 shall be calculated and the fee payable shall, subject to Section 2 of the said Schedule, be the highest of those amounts.

sydthebeat

you can only claim back fees (75%) if you make a second similar application...

you cannot claim back fees of an original application. Doesnt happen.

muffler

sydthebeat wrote: »

you can only claim back fees (75%) if you make a second similar application...

you cannot claim back fees of an original application. Doesnt happen.

Agreed

celron

thanks for the replies

unpleasant as they were to hear i appreciate the help