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

Regulation 3

SCHEDULE 1 CASES IN WHICH NO FEE IS PAYABLE

1.  No fee shall be payable in respect of a request where, on the date of such request, there is in effect a written agreement between the undertaker and the authority under which the undertaker agrees to make a financial contribution to the authority’s costs incurred in handling requests.

2.  In paragraphs 3, 4, 5 and 6 below:

“deemed refusal” means deemed refusal of a request pursuant to paragraph 30(3) of the Schedule, and “deemed to be refused” shall be construed accordingly;

“operation” means any operation, work, matter or scheme (including any arrangements with respect to a matter, any bringing into use of works or any additional details) for which approval is required; and

“similar request” means one further request which is made to the same authority and which relates solely to:

(a)

the whole or part of the same site as that to which an earlier request related (and to no other land); and

(b)

an operation which is, in the opinion of the authority, of the same character or description as that which was the subject of the earlier request.

3.  Where a request for which the prescribed fee has been paid is withdrawn, and within a period of 12 months beginning with the date of the receipt by the authority of the request, a similar request is made, no fee shall be payable in respect of that similar request.

4.  Where:

(a) a request for which the prescribed fee has been paid is refused by the authority or is deemed to be so refused;

(b) no appeal is made in respect of the refusal or deemed refusal; and

(c) within a period of 12 months beginning with the date of such refusal or deemed refusal, a similar request is made –

no fee shall be payable in respect of that similar request.

5.  Where:

(a) a request for which the prescribed fee has been paid is refused, and an appeal is made in respect of it;

(b) the appeal is dismissed; and

(c) within a period of 12 months beginning with the date of the dismissal of the appeal, a similar request is made –

no fee shall be payable in respect of that similar request.

6.  Where:

(a) a request for which the prescribed fee has been paid is deemed to be refused, and an appeal is made in respect of it;

(b) within a period of 12 months beginning with the date of the expiry of the appropriate period mentioned in paragraph 30(4) of the Schedule, a similar request is made; and

(c) the appeal has not, on or before the date of making of that similar request, been determined in favour of the appellant –

no fee shall be payable in respect of that similar request.