The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (“the 2012 Regulations”).

Regulations 2 and 3 make amendments for fees in relation to applications for planning permission and for approval of reserved matters under section 62A of the Town and Country Planning Act 1990 (“the 1990 Act”). Regulation 2 inserts a new regulation 2A which sets out how the fee for pre-application advice will be calculated in relation to such applications. In practice the advice will be provided, and the fees charged, by the Planning Inspectorate, an executive agency of the Department for Communities and Local Government. Regulation 3 inserts a new regulation 11A which provides that the fee for applications under section 62A is to be paid to the Secretary of State and is to be the same as the fee the applicant would have paid under the 2012 Regulations had the application been made to a local planning authority. Regulation 3 also makes a number of consequential amendments to the 2012 Regulations in relation to planning applications under section 62A.

Regulation 4 inserts a new regulation 5A into the 2012 Regulations which provides that there is no fee for submitting an application for planning permission in respect of the demolition of certain buildings in a conservation area.

Regulation 5 inserts a new regulation 9A into the 2012 Regulations which provides that any fee paid by an applicant in respect of an application for planning permission or for the approval of reserved matters is to be refunded where the local planning authority (or the Secretary of State in relation to an application made under section 62A of the 1990 Act) fails to determine the application within 26 weeks of the date when a valid application was received. It also provides that a refund is not payable where the applicant and the authority (or the Secretary of State) have entered into an agreement to extend the time for determination of the application.

Regulation 6 amends regulation 14 of the 2012 Regulations to provide that the fee for an application for prior approval under Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 relating to development which involves the making of any material change in the use of any buildings or other land is £80. It also provides that no fee for a prior approval application where a planning application for the same site is submitted at the same time by or on behalf of the same person.

Regulation 7 makes two minor amendments to Schedule 1 to the 2012 Regulations.

Except for regulation 5, the main provisions of these Regulations implement provisions in the Growth and Infrastructure Act 2013 and in the Enterprise and Regulatory Reform Act 2013; both were subject to full Impact Assessments which can be found on http://www.legislation.gov.uk/ Copies of the Impact Assessments may be obtained from the Planning Directorate, 1^st Floor, Zone J1, Department of Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU.