The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1987

Refund of fees on deemed applications

3.  In regulation 8,—

(a) at the beginning of paragraph (2) there shall be inserted, “Subject to paragraph (13)”;

(b) at the end of paragraph (10) there shall be added “or if the Secretary of State decides that the enforcement notice is a nullity”;

(c) at the end of paragraph (12) there shall be added “(whether because there is no subsisting use of the land in relation to which he may grant planning permission or for any other reason)”; and

(d) there shall be added as paragraph (13),—

“(13) (a) Where planning permission is deemed to have been applied for by virtue of section 88B (3) of the 1971 Act(1) and—

(i) an enforcement notice is varied under section 88A otherwise than to take account of a grant of planning permission under section 88B; and

(ii) the amount of the fee calculated in accordance with Schedule 1 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.

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

(1)

This is a reference to the Town and Country Planning Act 1971 (c. 78).