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Planning and Compulsory Purchase Act 2004

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Planning and Compulsory Purchase Act 2004, Section 53 is up to date with all changes known to be in force on or before 19 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 53:

  • specified provision(s) amendment to earlier commencing SI 2006/1061 art. 4 by S.I. 2010/321 art. 3
  • specified provision(s) amendment to earlier commencing SI 2007/1369 art. 3 by S.I. 2010/321 art. 4

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

53Fees and chargesE+W

This section has no associated Explanatory Notes

[F1(1)Section 303 (fees for planning applications, etc) of the principal Act is amended as follows.

(2)The following subsections are substituted for subsections (1) and (2)—

(1)The appropriate authority may by regulations make provision for the payment of a charge or fee to a local planning authority in respect of—

(a)the performance by the local planning authority of any function they have;

(b)anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function.

(2)The regulations may prescribe—

(a)the person by whom the charge or fee is payable;

(b)provision as to the calculation of the charge or fee (including the person by whom it is to be calculated);

(c)circumstances in which no charge or fee is to be paid;

(d)circumstances in which a charge or fee is to be transferred from one local planning authority to another.

(2A)The appropriate authority is—

(a)the Secretary of State in relation to England;

(b)the National Assembly for Wales in relation to Wales,

and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.

(3)In subsection (4) after the first “prescribed” there is inserted “ charge or ”.

(4)After subsection (5) there are inserted the following subsections—

(5A)If the local planning authority calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of the performance of the function or doing of the thing (as the case may be).

(5B)A financial year is the period of 12 months beginning with 1 April.

(5)Subsection (6) is omitted.]

Textual Amendments

Commencement Information

I1S. 53 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2S. 53 in force at 7.3.2005 for E. so far as not already in force by S.I. 2005/204, art. 2

I3S. 53 in force at 1.4.2006 for W. so far as not already in force by S.I. 2006/931, art. 2

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