• You are here:
• Home /
• Publications /
• Annual Reports /
• Annual Report of the Ombudsman 2004

Annual Report of the Ombudsman 2004

Chapter 4 - Charges for Planning Documents

Charges for Planning Documents

Over the past few years my Office has received several complaints from members of the public about the level of fees being charged by local authorities for photocopies of extracts from planning files. Indeed, I highlighted the matter in my first Annual Report last year (see page 32 Annual Report of the Ombudsman, 2003). It is clear that there is inconsistency across local authorities in the amounts being charged and I am concerned that the level of the fees charged by some local authorities appears to be excessive.

Section 38 of the Planning and Development Act, 2000 provides that certain documents relating to planning applications shall be made available for inspection and purchase by members of the public. The only reference in the Act to the fee to be charged for such service is contained in Section 38(4) which states:

“Copies of documents under this section shall be available for purchase on payment of a specified fee not exceeding the reasonable cost of making such a copy.”

My Office carried out a telephone survey of 30 local authorities in order to establish the fees being charged. This survey showed that the definition of “reasonable cost” varies quite a lot from one local authority to another with fees ranging from 10c to €1 per A4 page and some impose a minimum charge of between €1 and €3. A check of some commercial photocopying services at that time established that fees being charged for a copy of an A4 size document ranged from 10c to 15c per copy. The contrast in comparison with people accessing records under the Freedom of Information Act is noteworthy in that regulations made under that Act specify maximum charges for the provision of copies of records. The current maximum charges are 4c per photocopy sheet, 5c per 31/2” diskette and €10.16 per CD-ROM.

In his 1996 Annual Report, my predecessor, Mr Kevin Murphy, indicated that, among other issues, dealing “fairly with people” means “treating people in similar circumstances in like manner”. In the matter of charges for planning documents, I take the view that, where appropriate, charges for similar public services across all relevant public bodies, including local authorities, should be relatively uniform. I am also anxious to ensure that no financial barriers are raised to prevent the public having access to information generally, and particularly in this area, in the interest of an open, transparent and accessible planning process. Accordingly, I requested the Department of the Environment, Heritage and Local Government to carry out a review of the charges being imposed and suggested that it consider providing clearer guidelines on the calculation of charges to ensure there is uniformity of treatment across all local authorities on this issue.

The Department has recently informed me that it has now completed its own survey of photocopying charges in planning authorities and the results showed a wide variation of charges. As a result, the Department has drafted a circular which it intends to issue to all planning authorities in the near future. The circular will request planning authorities to review their charging policy and it will provide guidelines on how any such charges should be calculated.

Back to contents