The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2002

Statutory Instruments

2002 No. 768

TOWN AND COUNTRY PLANNING, ENGLAND

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2002

Made

20th March 2002

Coming into force

1st April 2002

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred upon him by section 303 of the Town and Country Planning Act 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations, a draft of which has been laid before and approved by each House of Parliament:

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2002 and shall come into force on 1st April 2002.

(2) In these Regulations “the 1989 Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989(2).

(3) These Regulations extend to England only.

General increase in fees

2.—(1) In regulation 10A of the 1989 Regulations(3)—

(a) in paragraph (5)(b), for “£95” substitute “£110”; and

(b) in paragraph (6), for “£190” substitute “£220”, and for “£9,500” substitute “£11,000”.

(2) In regulation 11A of the 1989 Regulations(4)—

(a) in paragraph (1)(a), for “£35” substitute “£40”; and

(b) in paragraph (1)(b), for “£190” substitute “£220”.

(3) In Part I of Schedule 1 to the 1989 Regulations—

(a) in paragraphs 4(1) and 6(2), for “£190” substitute “£220”;

(b) in paragraphs 7, 7A(5) and 7B(6), for “£95” substitute “£110”; and

(c) in paragraph 15(2), for “£190” substitute “£220” and for “£4,750” substitute “£5,500”.

(4) For Part II of Schedule 1 to the 1989 Regulations (scale of fees), substitute the new Part II set out in Schedule 1 to these Regulations.

(5) For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications), substitute the new Schedule 2 set out in Schedule 2 to these Regulations.

Revocation

3.  Regulations 2 and 3 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1997(7) are hereby revoked in relation to England.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

Falconer

Minister of State,

Department for Transport, Local Government and the Regions

20th March 2002

Regulation 2(4)

SCHEDULE 1 PART II OF SCHEDULE 1 TO THE 1989 REGULATIONS

SCALE OF FEES IN RESPECT OF APPLICATIONS MADE OR DEEMED TO BE MADE ON OR AFTER 1ST APRIL 2002

Category of development	Fee payable
I. Operations 1.  The erection of dwellinghouses (other than development within category 6 below).	(a) Where the application is for outline planning permission, £220 for each 0.1 hectare of the site area, subject to a maximum of £5,500; (b) in other cases, £220 for each dwellinghouse to be created by the development, subject to a maximum of £11,000.
2.  The erection of buildings (other than buildings in categories 1,3,4,5 or 7).	(a) Where the application is for outline planning permission, £220 for each 0.1 hectare of the site area, subject to a maximum of £5,500; (b) in other cases— (i) where no floor space is to be created by the development, £110; (ii) where the area of gross floor space to be created by the development does not exceed 40 square metres, £110; (iii) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £220; and (iv) where the area of gross floor space to be created by the development exceeds 75 square metres, £220 for each 75 square metres, subject to a maximum of £11,000.
3.  The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings coming within category 4).	(a) Where the application is for outline planning permission, £220 for each 0.1 hectare of the site area, subject to a maximum of £5,500; (b) in other cases— (i) where the area of gross floor space to be created by the development does not exceed 465 square metres, £40; (ii) where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £220; and (iii) where the area of gross floor space to be created by the development exceeds 540 square metres, £220 for the first 540 square metres and £220 for each 75 square metres in excess of that figure, subject to a maximum of £11,000.
4.  The erection of glasshouses on land used for the purposes of agriculture.	(a) Where the gross floor space to be created by the development does not exceed 465 square metres, £40; (b) where the gross floor space to be created by the development exceeds 465 square metres, £1,235.
5.  The erection, alteration or replacement of plant or machinery.	£220 for each 0.1 hectare of the site area, subject to a maximum of £11,000.
6.  The enlargement, improvement or other alteration of existing dwellinghouses.	(a) Where the application relates to one dwellinghouse, £110; (b) where the application relates to 2 or more dwellinghouses, £220.
7.—(a) The carrying out of operations (including the erection of a building) within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or (b) the construction of carparks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.	£110.
8.  The carrying out of any operations connected with exploratory drilling for oil or natural gas.	£220 for each 0.1 hectare of the site area, subject to a maximum of £16,500.
9.  The carrying out of any operations not coming within any of the above categories.	£110 for each 0.1 hectare of the site area, subject to a maximum of— (a) in the case of operations for the winning and working of minerals, £16,500; (b) in other cases, £1,100.
II. Uses of Land 10.  The change of use of a building to use as one or more separate dwellinghouses.	(a) Where the change of use is from a previous use as a single dwellinghouse to use as two or more single dwellinghouses, £220 for each additional dwellinghouse to be created by the development, subject to a maximum of £11,000; (b) in other cases, £220 for each dwellinghouse to be created by the development, subject to a maximum of £11,000.
11.—(a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land; or (b) for use of land for the storage of minerals in the open.	£110 for each 0.1 hectare of the site area, subject to a maximum of £16,500.
12.  The making of a material change in the use of a building or land (other than a material change of use coming within any of the above categories).	£220.

Regulation 2(5)

SCHEDULE 2

SCALE OF FEES IN RESPECT OF APPLICATIONS FOR CONSENT TO DISPLAY ADVERTISEMENTS MADE ON OR AFTER 1ST APRIL 2002

Category of development	Fee payable
1.  Advertisements displayed on business premises, on the forecourt of business premises or on other land within the curtilage of business premises, wholly with reference to all or any of the following matters— (a) the nature of the business or other activity carried on on the premises; (b) the goods sold or the services provided on the premises; or (c) the name and qualifications of the person carrying on such business or activity or supplying such goods or services.	£60.
2.  Advertisements for the purposes of directing members of the public to, or otherwise drawing attention to the existence of, business premises which are in the same locality as the site on which the advertisement is to be displayed but which are not visible from that site.	£60.
3.  All other advertisements.	£220.

Explanatory Note

(This note is not part of the Regulations)

These regulations further amend the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989.

The effect of these Regulations is that all fees payable under the 1989 Regulations are increased by approximately 14% from 1st April 2002. Replacement scales of fees (Part II of Schedule 1, and Schedule 2, to the 1989 Regulations) are set out in the Schedules to these Regulations.

Schedules 1 and 2 change only the amount of the fees and do not effect any change to the categories of development or the basis of calculation.

(1)

1990 c. 8; section 303 was amended by paragraph 10 of Schedule 13 to the Environmental Protection Act 1990 (c. 43), and by section 6(6) of the Planning and Compensation Act 1991 (c. 34). See section 336(1) of the Town and Country Planning Act 1990 for a definition of “prescribed”. The functions of the Secretary of State under section 303 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 of that Order for the Town and Country Planning Act 1990.

(2)

S.I. 1989/193, amended by S.I. 1990/2473, S.I. 1991/2735, S.I. 1992/1817, S.I. 1992/3052, S.I. 1993/3170, S.I. 1997/37 and S.I. 2001/2719.

(3)

Regulation 10A was inserted by regulation 4 of S.I. 1992/1817.

(4)

Regulation 11A was inserted by paragraph 3 of Schedule 3 to S.I. 1991/2735 and paragraph (1) was substituted by regulation 2 of S.I. 2001/2719.

(5)

Paragraph 7A was inserted by regulation 6(b) of S.I. 1992/1817.

(6)

Paragraph 7B was inserted by regulation 5 of S.I. 1992/3052.

(7)

S.I. 1997/37.