737 Ms O'Donnell asked the Minister for the Environment and Local Government the legislative basis on which An Bord Pleanála is increasing fees to ?200 from 3 June 2003 for third party appeals; if he will consider the implications of this charge for local communities and organisations; his views on whether it would be fairer to exempt local community councils from such charges; and if he will make a statement on the matter. [12101/03]

Section 144(1) of the Planning and Development Act 2000 provides that, subject to the approval of the Minister, An Bord Pleanála may determine fees in relation to appeals, referrals and other matters coming before the board. An application from An Bord Pleanála for approval to a fee increase was granted in March 2003. The fees of the board had last been amended in 1998 except for minor adjustments in 2001 arising from the changeover to the euro.

Section 144(2) of the Act provides that the board shall review the fees determined under section 144(1) from time to time, but at least every three years, having regard to any change in the consumer price index since the determination of fees for the time being in force, and may amend the fees to reflect the review without the necessity for the Minister's approval under subsection (1). Any further change in the fee regime on this basis would accordingly be a matter solely for An Bord Pleanála.