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The Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015

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Refunds for deemed applications

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8.—(1) If, in the case of a deemed application, the appeals commission declines jurisdiction on the grounds that the relevant appeal does not comply with one or more of the requirements of section 143(1) to (4) of the 2011 Act, the fee paid in respect of the deemed application shall be refunded.

(2) If the relevant appeal is withdrawn before the date appointed for its hearing or, where the appeal is by way of written representations, before the date appointed for the inspection of the site to which the relevant enforcement notice relates, the fee paid in respect of the deemed application shall be refunded.

(3) The reference in paragraph (2) to an appeal being by way of written representations shall be construed as a reference to an appeal in respect of which neither the appellant nor the authority which issued the notice has asked for an opportunity of appearing before and being heard by the appeals commission.

(4) The fee paid by an appellant shall be refunded to him in the event of the council or, as the case may be, the Department withdrawing the relevant enforcement notice before it takes effect or if the appeals commission decides that the enforcement notice is a nullity.

(5) Save in the case of an application deemed to have been made in connection with a relevant enforcement notice alleging a breach of planning control by the use of land as a caravan site, the fee paid by an appellant in respect of a deemed application shall be refunded to him in the event of the appeals commission allowing the appeal against the enforcement notice on any of the grounds (b) to (e) set out in section 143(3) of the 2011 Act.

(6) Where planning permission is deemed to have been applied for by virtue of section 145(5) of the 2011 Act and—

(a)the terms of a relevant enforcement notice are varied under section 144 otherwise than to take account of grant of planning permission under section 145; and

(b)the amount of the fee calculated in accordance with the Fees Regulations would have been a lesser amount if the original notice had been in the terms of the varied notice,

the fee payable shall be that lesser amount and any excess amount already paid shall be refunded.

(7) In determining a fee under paragraph (6) no account shall be taken of any change in fees which takes effect after the making of the deemed application.

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