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Local Authority charges for photocopying planning documents

Date released: 13.07.2009

Ombudsman Emily O’Reilly submits a report to the Dáil and Seanad on excessive local authority charges levied on people for photocopying planning documents.

• Comments, some 60% of local authorities are unjustifiably levying heavy charges for photocopying planning documents and calls on them to bring their charges into line with Department guidelines.
• “Charging up to €5 to copy one single A4 sheet of paper is an obstacle to a properly functioning planning process for citizens”.

The Ombudsman Emily O’Reilly today (13 July 2009) published a report she has submitted to the Houses of the Oireachtas into excessive local authority charges for photocopying planning documents.

By way of illustrating the unfairness of the charges the Ombudsman said, "I can walk out of my office in the centre of Dublin and within a few short minutes get an A4 sheet of paper photocopied  (black and white) in shops, for as low as 5 cent, with the average costing around 10 cent, whereas a person interested in a planning application can pay up to €5, or a hundred times more, for the same privilege. This cannot be justified and is a direct impediment to a properly functioning planning process".

"Public participation in the planning process should be encouraged, not checked. People are put off, by excessive charges, from taking part in the planning process despite the fact that in law they are entitled to inspect and obtain copies of certain planning documents. Voluntary organisations interested in preserving and protecting our heritage, the built environment and balanced regional development, are hugely disadvantaged by these excessive charges", stated Ms O’Reilly.

"Despite the welcome issue of guidelines by the Department to each local authority on "reasonable cost" for these charges, engagement of my Office with local authorities and surveys to find out the types and amounts of charges in place, the problem remains and in deference to the people and bodies who complained to me, I felt obliged to make a report to the Dáil and Seanad to put a spotlight on this wholly unacceptable regime of photocopying charges. Disproportionate charges could be viewed as a subversion of what should be an open and crystal-clear planning process by placing obstacles in the way of people  interested in particular planning applications, for whatever reason. While genuine cost recovery is admissible, the creation of a revenue stream by charging for a service beyond reasonable costs incurred and out of line with commercial charges for the same service, should not continue, and an overhaul of the system is badly needed and overdue", added the Ombudsman.

Concluding, the Ombudsman said that she would be calling on those local authorities who are overcharging to now review their charges having full regard to their own parent Department's guidelines and to revise them, as others have done. Pointing out, in her capacity as Information Commissioner, that under the Freedom of Information Acts, 1997 to 2003, a standard charge applies across all local authorities and other public bodies for photocopying, the Ombudsman stated that her preference in the first instance was for local authorities to put their own houses in order voluntarily, rather than through an imposed legislative solution. However, in the absence of real change and a fair system of charges, the Ombudsman did not rule out calling for legislative change in the future, as the present situation is untenable.

Key findings of the report and surveys of local authorities include:

Guidelines issued in 2005 to all local authorities by the Department of Environment, Heritage and Local Government on "reasonable cost" for photocopying charges for documents relating to planning applications, ignored in a lot of cases,

Stark lack of uniformity and consistency across local authorities on charges imposed for photocopying by planning sections, as compared with the procedures for making and processing planning applications which are standard in all

Wide variations in the charges imposed from zero to €5,

Some local authorities have minimum and or maximum charges while others do not,

Worst offending local authorities for setting a minimum charge to copy, for example, an A4-Sheet, ranging from €1 to €5 are Galway, Kildare, Longford, Roscommon, Tipperary NR. and Waterford County Councils, and

Worst offending local authorities for excessive charges by reference to Department guidelines, ranging from 50 cent to 80 cent and up to €5 for an A4-sheet copy are Cavan ,Clare, Dun Laoghaire Rathdown, Galway, Kerry , Laois, Limerick, Louth, South Dublin, South Tipperary and Wexford County Councils.

Further Information:

Maureen Behan - Senior Investigator       Tel: 01 639 5675         

e-mail: maureen_behan@ombudsman.gov.ie

 

For media inquiries contact:

Dave Glynn - Head of Communications and Research   

Tel: 01 639 5714  / 087 236 1884     email: david_glynn@ombudsman.gov.ie

 

Editors' Note: 

Under section 6 (7) of the Ombudsman Act, 1980, the Ombudsman is obliged to submit an Annual Report on the performance of her functions to each House of the Oireachtas. The Act also permits her, from time to time, to submit such other reports on her functions, as she considers appropriate. Because of the ongoing difficulties she has had with local authorities in relation to photocopying charges and the adverse consequences for the public generally of these excessive charges, she had decided to bring this to the attention of the Oireachtas by way of a separate report.

The full text of the report is available from:  www.ombudsman.ie

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