The European Court of Justice yesterday backed Ireland's stance of asking for up to €45 in fees from people who want to object to new buildings on environmental grounds.
The court's decision represents a blow to environmental campaigners who had lobbied the European Commission to take Ireland to court over the fees, arguing they discouraged people from raising planning objections.
The planning fees are €20 for planning observations and €45 for appeals, but the Luxembourg court said the fees "cannot be regarded as constituting [an] obstacle" to third parties wanting to lodge a complaint.
The case against the fees was taken by the European Commission following a complaint by Friends of the Irish Environment on behalf of 68 community and environmental groups in 2000.
It concerns an EU law that says consent for public and private projects likely to have "significant effects on the environment" should be granted only after prior assessment of the impact has been carried out.
These assessments can be supplemented by "people who may be concerned by the project in question".
The commission argued that EU law does not expressly authorise levying fees, and they could create an obstacle "particularly for persons of low income".
However, the court argued that it was within member states' discretion to impose such a fee so long as it was not too high.
Friends of the Irish Environment criticised the decision.