The Hinkley Point C (Nuclear Generating Station) Order 2013

Fees

3.—(1) Where an application is made to the discharging authority for agreement or approval in respect of a requirement, a fee shall be paid to that authority as follows—

(a) where the application relates to a major detailed requirement, fees shall be calculated in accordance with the following table—

Category 1	The erection of buildings—
	(i)	where no floor space is to be created by the development, £170;
	(ii)	where the area of gross floor space to be created by the development does not exceed 40 metres, £170;
	(iii)	where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £335;
	(iv)	where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £335 for each 75 square metres of that area;
	(v)	where the area of gross floor space to be created by the development exceeds 3750 square metres, £16,565; and an additional £100 for each 75 square metres.
Category 2	The carrying out of any operations not coming within Category 1, £170 for each 0.1 hectare of the site area, up to a maximum of £1,690.

(b) where an application is made for discharge of a major detailed requirement (“current application”) in respect of which an application has been made previously, the fee payable in respect of the current application shall be £335; and

(c) where the application relates to a minor detailed requirement, £85 for each application.

(2) For the purpose of the calculation of fees pursuant to paragraph 3(1)(a)—

(a) the area shall be taken as consisting of the area of land to which the application relates;

(b) where the application relates to development within Category 1, the area of gross floor space created by the development shall be ascertained by external measurement of the floor space, whether or not it is bounded (wholly or partly) by external walls of a building;

(c) where the application relates to development within Category 1 and the gross floor space to be created by the development exceeds 75 square metres and is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floorspace by the figure of 75 shall be treated as being 75 metres; and

(d) where the application relates to development within Category 2 and the site area exceeds 0.1 hectares and is not an exact multiple of 0.1 hectares, the area remaining after division of the total number of hectares by the figure of 0.1 hectares shall be treated as being 0.1 hectares.

(3) Any fee paid under this Schedule shall be refunded to the undertaker within 8 weeks of—

(a) the application being rejected as invalidly made; or

(b) the discharging authority failing to determine the application within the decision period as determined under paragraph 1,

unless within that period the undertaker agrees, in writing, that the fee shall be retained by the discharging authority and credited in respect of a future application.