The Channel Tunnel Rail Link (Fees for Requests for Planning Approval) Regulations 1997

Resolution of disputes

12.—(1) Where paragraph 32(3) of the Schedule applies and, on making an appeal to the appropriate Ministers, the undertaker notifies them that there is a dispute with the authority as to:

(a) the amount of the fee payable pursuant to these Regulations; or

(b) whether any exception set out in Schedule 1 hereto is applicable—

the appropriate Ministers may determine that issue prior to their consideration of the appeal.

(2) Where:

(a) the appropriate Ministers have determined that issue;

(b) they have notified the undertaker and the authority of the prescribed fee; and

(c) that fee is a sum larger than that already paid to the authority, or no fee has been paid to the authority—

the undertaker shall, within a period of 3 working days beginning with the date of the undertaker’s receipt of such notification, pay to the authority the prescribed fee, or the balance of that fee, as the case may be.

(3) Where the undertaker does not pay the prescribed fee or the balance of that fee, as the case may be, within the period mentioned in paragraph (2), the authority shall, within a period of 10 working days beginning with the date of its receipt of the appropriate Ministers’ notification under paragraph (2)(b), decide whether or not to treat the request as terminated.

(4) Where:

(a) the authority, pursuant to paragraph (3), decides not to treat the request as terminated;

(b) the cheque tendered in payment of the balance of the fee is dishonoured; and

(c) notice of the dishonour had not been received by the authority prior to its decision—

the authority may, within a period of 7 working days beginning with the date of its receipt of the notice of dishonour, decide to treat the request as terminated.

(5) Where an authority makes a decision pursuant to paragraph (3) or (4), it shall, within a period of 7 working days beginning with the date of the decision, give to the appropriate Ministers and to the undertaker notice of its decision.

(6) Where the authority has decided to treat a request as terminated pursuant to paragraph (3) or (4), the date of termination of the request shall be the date of receipt by the appropriate Ministers of the notice mentioned in paragraph (5), and on and after that date, the appeal shall be treated for all purposes as terminated.