The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012

CHAPTER 2 Fees in particular cases

2.  Where an application or deemed application is made or deemed to be made by or on behalf of a parish council, the fee payable shall be one half of the amount that would otherwise be payable.

3.—(1) Where an application or deemed application is made or deemed to be made by or on behalf of a club, society or other organisation (including any persons administering a trust) which is not established or conducted for profit and whose objects are the provision of facilities for sport or recreation, and the conditions specified in sub-paragraph (2) are satisfied, the fee payable shall be £385.

(2) The conditions referred to in sub-paragraph (1) are—

(a) that the application or deemed application relates to—

(i) the making of a material change in the use of land to use as a playing field; or

(ii) the carrying out of operations (other than the erection of a building containing floor space) for purposes ancillary to the use of land as a playing field,

and to no other development; and

(b) that the local planning authority with whom the application is lodged, or (in the case of a deemed application) the Secretary of State, is satisfied that the development is to be carried out on land which is, or is intended to be, occupied by the club, society or organisation and used wholly or mainly for the carrying out of its objects.

4.—(1) This paragraph applies where—

(a) an application is made for approval of one or more reserved matters (“the current application”);

(b) the applicant has previously applied for such approval under the same outline planning permission and paid fees in relation to one or more such applications; and

(c) no application has been made under that permission other than by or on behalf of the applicant.

(2) Where the amount paid as mentioned in sub-paragraph (1)(b) is not less than the amount which would be payable if the applicant were, by the current application, seeking approval of all the matters reserved by the outline permission (and in relation to the whole of the development authorised by the permission), the fee payable in respect of the current application shall be £385.

(3) Where—

(a) a fee has been paid as mentioned in sub-paragraph (1)(b) at a rate lower than that prevailing at the date of the current application; and

(b) sub-paragraph (2) would apply if that fee had been paid at the rate applying at that date,

the fee in respect of the current application shall be the amount specified in sub-paragraph (2).

5.  Where application is made pursuant to section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached)(1)the fee payable in respect of the application shall be £195.

6.  Where an application relates to development to which section 73A of the 1990 Act (planning permission for development already carried out)(2) applies, the fee payable in respect of the application shall be—

(a) where the application relates to development carried out without planning permission, the fee that would be payable if the application were for planning permission to carry out that development;

(b) £195, in any other case.

7.—(1) Where an application of the description contained in article 18(1)(b) of the Development Management Procedure Order (consultations before the grant of a replacement planning permission subject to a new time limit) is made the following fees shall be paid to the local planning authority—

(a) if the application is a householder application, £57;

(b) if the application is an application for major development, £575;

(c) in any other case, £195.

(2) In this paragraph, “major development” has the same meaning as in article 2(1) of the Development Management Procedure Order (interpretation).

8.—(1) This paragraph applies where—

(a) an applicant applies for planning permission or for the approval of reserved matters in respect of the development of land (“the relevant land”); and

(b) the relevant land straddles the boundary or boundaries between the areas of two or more local planning authorities so that, instead of application being made to one authority in relation to the whole of that development, applications are made to two or more local planning authorities, in accordance with article 10(1) of the Development Management Procedure Order (general provisions relating to applications).

(2) A fee shall be payable only to the local planning authority, to which one of the applications referred to in paragraph (1)(b) is made, in whose area the largest part of the relevant land is situated, and the amount payable shall be—

(a) where the applications relate wholly or partly to a county matter within the meaning of paragraph 1 of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions)(3), and all the land is situated in a single county for which there is no county planning authority, the amount which would have been payable if application had fallen to be made to one authority in relation to the whole development;

(b) in any other case, one and a half times the amount which would have been payable if application had fallen to be made to a single authority or the sum of the amounts which would have been payable but for this paragraph, whichever is the lesser.

9.—(1) This paragraph applies where an application for planning permission is deemed to have been made by virtue of section 177(5) of the 1990 Act (grant or modification of planning permission on appeals against enforcement notices)(4) in respect of such land as is mentioned in paragraph 8(1).

(2) The fee payable to the Secretary of State shall be the amount which would be payable by virtue of paragraph 8(2) if an application for the like permission had been made to the relevant authority on the date on which notice of appeal was given in accordance with section 174(3) of the 1990 Act(5) (appeal against enforcement notice).

10.—(1) Where—

(a) an application for planning permission is made in respect of two or more alternative proposals for the development of the same land; or

(b) an application for approval of reserved matters is made in respect of two or more alternative proposals for the carrying out of the development authorised by an outline planning permission,

and the application is made in respect of all of the alternative proposals on the same date and by or on behalf of the same applicant, the fee payable in respect of the application shall be calculated in accordance with sub-paragraph (2).

(2) Calculations shall be made in accordance with this Schedule of the fee that would be payable in respect of an application for planning permission, or approval of reserved matters (as the case may be), if made in respect of each of the alternative proposals, and the fee payable in respect of the application shall be the sum of—

(a) an amount equal to the highest of the amounts calculated in respect of each of the alternative proposals; and

(b) an amount calculated by adding together the amounts appropriate to all of the alternative proposals, other than the amount referred to in sub-paragraph (a), and dividing that total by the figure of 2.

(1)

Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c.5).

(2)

Section 73A was inserted by section 32 of, and paragraph 16 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

(3)

Paragraph 1 of Schedule 1 was amended by sections 21 and 84 of, and paragraph 13 of Schedule 1 and Part I of Schedule 19 to, the Planning and Compensation Act 1991.

(4)

Section 177(5) was amended by paragraphs 8 and 24(3) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) and section 123(6) of the Localism Act 2011 (c. 20)..

(5)

Section 174(3) was amended by section 6(1) of the Planning and Compensation Act 1991 (c. 34) and S.I. 2003/956.