Return of Planning App Fee

Tim76

Hi all,

Does anyone know if the PA returns the planning application fee if an application is withdrawn after a request for further information?

Cheers

Gumbo

Tim76 wrote: »

Hi all,

Does anyone know if the PA returns the planning application fee if an application is withdrawn after a request for further information?

Cheers

Withdrawn by applicant or agent - No.
Invalidated by the LA - Yes.

Tim76

Thanks for the feedback kceire.

Do you know if this is stated in the Planning & Development Act or some subsequent S.I.?

sydthebeat

Tim76 wrote: »

Hi all,

Does anyone know if the PA returns the planning application fee if an application is withdrawn after a request for further information?

Cheers

refunds are only applicable when a second similar application is made

http://www.irishstatutebook.ie/eli/1983/si/30/made/en/print

7. (1) Where a planning application (not being an application for an approval) 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( a ) withdrawn before a decision to grant or to refuse the relevant permission is made by the planning authority, or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 article 8 and article 9, refund three-quarters of the fee paid to them 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 authority are satisfied that the subsequent application relates to development of the same character or description as the development to which the earlier application related, and

( b ) a fee under these 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, and

( c ) the period between the withdrawal or determination of the first application and the making of the subsequent application does not exceed twelve months, and

( d ) the authority are satisfied that the subsequent application relates to land substantially consisting of the site or part of the site to which the earlier application related, and

( e ) no previous refund under this sub-article 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.

Tim76

Cheers sydthebeat.

So you pay 100% for first app - the application is withdrawn or a decision is made by the PA. The PA keeps 100% of the fee.

You then pay 100% for second similar app. The council make their decision, we'll assume favourable. You can now apply for a refund of 75% of the second fee.

Thus the 2 apps cost you 125% in total.

Is my reading into this correct?

sydthebeat

In a nut shell, that's correct