The Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) (England) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in England only, apply in relation to any person who is appointed to conduct, or is appointed as one of the persons who are to conduct an examination in public under section 35B(1) of the Town and Country Planning Act 1990 and whose remuneration, and travelling or subsistence allowances (if any), in respect of the appointment are to be paid by the local planning authority. These Regulations apply to work done by the appointed person in connection with his appointment in relation to any day which falls on or after the date on which the Regulations come into force.

Examinations in public are a form of administrative hearing which are usually held before the adoption of proposals for the alteration or replacement of a structure plan. Regulation 14 of the Town and Country Planning (Development Plan) (England) Regulations 1999 (S.I. 1999/3280) and the Code of Practice on Structure Plans are relevant to procedures for such hearings. The Code of Practice, contained in Structure Plans - A Guide to Procedures (1999) is available from the Office of the Deputy Prime Minister, Office of the Deputy Prime Minister Free Literature, PO Box 236, Wetherby, LS23 7NB.

These Regulations prescribe a standard daily amount which may be charged for each day the person appointed to hold it is engaged on the examination in public or work connected with it. The amount is £342 per day. This is an increase of approximately 2.8 per cent of the previous standard daily amount of £333 prescribed in S.I. 2003/2948.

These Regulations also prescribe the rates of travelling, subsistence and other allowances. The rates of travelling allowances have increased but there are no changes to the rates of subsistence and other allowances prescribed in S.I. 2003/2948. The rate for travelling by motorcycle will no longer depend on the cylinder capacity of the motor cycle or the type of insurance, as was previously the case, and thus a single rate is provided in relation to such travel.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of business, charities or voluntary bodies.