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The Planning (Fees) Regulations (Northern Ireland) 2005

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Cases where reduced fees apply

8.—(1) Where the conditions set out in paragraph (2) are satisfied, regulation 3(2) shall not apply to –

(a)an application for planning permission which is made following the withdrawal (before notice of decision was issued) of an application for planning permission made by or on behalf of the same applicant;

(b)an application for approval of one or more reserved matters which is made following the withdrawal (before it is determined) of an application made by or on behalf of the same applicant for approval of details relating to the same matters reserved in the same outline planning permission.

(2) The conditions referred to in paragraph (1) are –

(a)that the application is made before the end of a period of 12 months following the date when the withdrawn application was made;

(b)that the application relates in the case of an application for planning permission, to the same site as that to which the earlier application related, or to part of that site, and to no other land (other than additional land required for the provision of access to the development);

(c)in the case of an application for planning permission, that the Department is satisfied that it relates to development of the same character or description as the development to which the earlier application related (and to no other development);

(d)in the case of an application for planning permission which is not made in outline, that the earlier application was also not made in outline;

(e)that the fee payable in respect of the earlier application was paid;

(f)that no previous application has at any time been made by or on behalf of the same applicant which related to the site to which the earlier application related (or which related wholly or in part to any part of that site) and which was exempted from regulation 3(2) by this regulation or exempted under the corresponding provisions of the Planning (Fees) Regulations (Northern Ireland) 1995(1).

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