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The Crossrail (Fees for Requests for Planning Approval) Regulations 2008

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Interpretation and general provisions as to fee calculation

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations:

“the Act” means the Crossrail Act 2008, and “the Schedule” means Schedule 7 to the Act;

“additional details request” means a request for approval of additional details where such approval is required pursuant to paragraph 5(2), 6(2), 14(2), 15(2) or 21(2) of the Schedule;

“appeal” means an appeal to the appropriate Ministers pursuant to paragraph 30 of the Schedule;

“approval” means approval under Part 2 or Part 3 of the Schedule;

“authority” means a qualifying authority for the purposes of Schedule 7(1);

“mitigation scheme” means a scheme referred to in paragraph 9(3)(b) or 17(3)(b) of the Schedule;

“request” means a request for approval under the planning permission deemed to be granted by section 10(1) of the Act;

“site restoration scheme” means a scheme referred to in paragraph 8(1) or 23(1) of the Schedule;

“the undertaker” means the nominated undertaker(2); and

“working day” means any day which is not a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(3)in any part of the United Kingdom.

(2) Where, pursuant to these Regulations, a prescribed fee is calculated by reference to the gross floor space to be created, the area of that space shall be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or in part) by external walls of a building.

(3) Where, pursuant to these Regulations, a prescribed fee is calculated by reference to a site area, that area shall be taken to consist of the area of land to which the request relates.

(4) Where the gross floor space or the site area (as the case may be) is not an exact multiple of the unit of measurement specified, the fraction of unit remaining after division of the total area by the unit of measurement shall be treated as a complete unit.

(5) Where approval is sought in a single document for:

(a)the plans and specifications of more than one operation or work;

(b)arrangements for more than one matter;

(c)more than one mitigation scheme or site restoration scheme;

(d)the bringing into use of more than one work referred to in paragraph 9(2) or 17(2) of the Schedule; or

(e)additional details in more than one respect -

the total of the fees payable shall be calculated by adding together the fees payable in respect of each item, whether or not the document treats each item as a separate request.

the total of the fees payable shall be calculated by adding together the fees payable in respect of each item, whether or not the document treats each item as a separate request.

(6) Any notice or notification to be given pursuant to these Regulations shall be in writing.

(1)

See paragraph 1(2)

(2)

See section 39 of the Act and the Crossrail (Nomination) Order (S.I. 2008/2036)

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