Welsh Statutory Instruments
TOWN AND COUNTRY PLANNING, WALES
Made
28 March 2006
Coming into force
1 April 2006
The National Assembly for Wales, in exercise of its powers as the appropriate authority under section 303 of the Town and Country Planning Act 1990(1), hereby makes the following Regulations:
1.—(1) The title of these Regulations is the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2006.
(2) These Regulations come into force on 1 April 2006.
(3) In these Regulations, “the 1989 Regulations” (“Rheoliadau 1989”) means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989(2).
(4) These Regulations apply in relation to Wales.
2.—(1) The 1989 Regulations, insofar as they apply to Wales, are amended in accordance with the provisions of this regulation.
(2) In regulation 10A of the 1989 Regulations—
(a)in paragraph (5)(b), for “£120” substitute “£144 until 31 March 2007, increasing thereafter to £159”; and
(b)for paragraph (6), substitute—
“Where a use specified in an application under section 191(1)(a) is use as one or more dwellinghouses, the fee payable in respect of that use will be—
where the use so specified is use as 50 or fewer dwellinghouses, £288 until 31 March 2007, increasing thereafter to £316;
where the use so specified is use as more than 50 dwellinghouses, £14,400 until 31 March 2007, increasing thereafter to £15,800; and, in addition to either of those figures, an additional £80 for each dwellinghouse in excess of 50, subject to a maximum in total of £50,000.”.
(3) In regulation 11A(1) of the 1989 Regulations—
(a)in sub-paragraph (a), for “£45” substitute “£54 until 31 March 2007, increasing thereafter to £59”; and
(b)in sub-paragraph (b), for “£240” substitute “£288 until 31 March 2007, increasing thereafter to £316”.
(4) In Part I of Schedule 1 to the 1989 Regulations—
(a)in paragraphs 4(1) and 6(2), for “£240” substitute “£288 until 31 March 2007, increasing thereafter to £316”;
(b)in paragraphs 7, 7A and 7B, for “£120” substitute “£144 until 31 March 2007, increasing thereafter to £159”; and
(c)for paragraph 15(2), substitute—
“Where an application is for outline planning permission and relates to development which is within more than one of the categories specified in that table, the fee payable in respect of the application will be—
where the site area does not exceed 2.5 hectares, £288 for each 0.1 hectare of the site area until 31 March 2007, increasing thereafter to £316;
where the site area exceeds 2.5 hectares, £7,200 until 31 March 2007, increasing thereafter to £7,900; and, in addition to either of those figures, an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000.”.
(5) For Part II of Schedule 1 to the 1989 Regulations (scale of fees), substitute the new Part II set out in Schedule 1 to these Regulations.
(6) For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications), substitute the new Schedule 2 set out in Schedule 2 to these Regulations.
(7) For the purposes of paragraphs (5) and (6), the fee payable between 1 April 2006 and 31 March 2007 is the fee specified in the second column of the tables set out in the Schedules to these Regulations and the fee payable on or after 1 April 2007 is the fee specified in the third column of those tables.
3. For regulation 7(1) of the 1989 Regulations, substitute—
“7.—(1) Where all the conditions set out in paragraph (2) are satisfied, regulation 3 does not apply to an application for approval of one or more reserved matters which is or are made following the granting of approval of details relating to the same reserved matters authorised by the same outline planning permission, on an application made by or on behalf of the same applicant.”.
4. The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2004(3) are revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)
D. Elis-Thomas
The Presiding Officer of the National Assembly
28 March 2006
Regulation 2(5)
| Category of development | Fee payable between 1 April 2006 and 31 March 2007 | Fee payable on or after 1 April 2007 |
|---|---|---|
| I. Operations | ||
1. The erection of dwellinghouses (other than development within category 6 below). | (a)where the application is for outline planning permission and— (i)the site area does not exceed 2.5 hectares, £288 for each 0.1 hectare of the site area, (ii)the site area exceeds 2.5 hectares, £7,200 and an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000; (b)in other cases— (i)where the number of dwellinghouses to be created by the development is 50 or fewer, £288 for each dwellinghouse, (ii)where the number of dwellinghouses to be created by the development exceeds 50, £14,400 and an additional £80 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £50,000. | (a)where the application is for outline planning permission and— (i)the site area does not exceed 2.5 hectares, £316 for each 0.1 hectare of the site area, (ii)the site area exceeds 2.5 hectares, £7,900 and an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000; (b)in other cases— (i)where the number of dwellinghouses to be created by the development is 50 or fewer, £316 for each dwellinghouse, (ii)where the number of dwellinghouses to be created by the development exceeds 50, £15,800 and an additional £80 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £50,000. |
2. The erection of buildings (other than buildings in categories 1, 3, 4, 5 or 7). | (a)where the application is for outline planning permission and— (i)the site area does not exceed 2.5 hectares, £288 for each 0.1 hectare of the site area, (ii)the site area exceeds 2.5 hectares, £7,200 and an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000; (b)in other cases— (i)where no floor space is to be created by the development or where the area of gross floor space to be created by the development does not exceed 40 square metres, £144, (ii)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, £288, (iii)where the area of gross floor space to be created by the development exceeds 75 square metres, £288 for each 75 square metres (or part thereof), subject to a maximum in total of £50,000. | (a)where the application is for outline planning permission and— (i)the site area does not exceed 2.5 hectares, £316 for each 0.1 hectare of the site area, (ii)the site area exceeds 2.5 hectares, £7,900 and an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000; (b)in other cases— (i)where no floor space is to be created by the development or where the area of gross floor space to be created by the development does not exceed 40 square metres, £159, (ii)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, £316, (iii)where the area of gross floor space to be created by the development exceeds 75 square metres, £316 for each 75 square metres (or part thereof), subject to a maximum in total of £50,000. |
3. The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | (a)where the application is for outline planning permission and— (i)the site area does not exceed 2.5 hectares, £288 for each 0.1 hectare of the site area, (ii)the site area exceeds 2.5 hectares, £7,200 and an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000; (b)in other cases— (i)where no floor space is to be created by the development or where the area of gross floor space to be created by the development does not exceed 465 square metres, £54, (ii)where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £288, (iii)where the area of gross floor space to be created by the development exceeds 540 square metres, £288 and an additional £288 for each 75 square metres (or part thereof) in excess of 540 square metres, subject to a maximum in total of £50,000. | (a)where the application is for outline planning permission and— (i)the site area does not exceed 2.5 hectares, £316 for each 0.1 hectare of the site area, (ii)the site area exceeds 2.5 hectares, £7,900 and an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000; (b)in other cases— (i)where no floor space is to be created by the development or where the area of gross floor space to be created by the development does not exceed 465 square metres, £59, (ii)where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £316, (iii)where the area of gross floor space to be created by the development exceeds 540 square metres, £316 and an additional £316 for each 75 square metres (or part thereof) in excess of 540 square metres, subject to a maximum in total of £50,000. |
4. The erection of glasshouses on land used for the purposes of agriculture. | (a)Where the gross floor space to be created by the development does not exceed 465 square metres, £54; (b)where the gross floor space to be created by the development exceeds 465 square metres, £1,632. | (a)Where the gross floor space to be created by the development does not exceed 465 square metres, £59; (b)where the gross floor space to be created by the development exceeds 465 square metres, £1,795. |
5. The erection, alteration or replacement of plant or machinery. | (a)where the site area does not exceed 5 hectares, £288 for each 0.1 hectare of the site area; (b)where the site area exceeds 5 hectares, £14,400 and an additional £80 for each 0.1 hectare in excess of 5 hectares, subject to a maximum in total of £50,000. | (a)where the site area does not exceed 5 hectares, £316 for each 0.1 hectare of the site area; (b)where the site area exceeds 5 hectares, £15,800 and an additional £80 for each 0.1 hectare in excess of 5 hectares, subject to a maximum in total of £50,000. |
6. The enlargement, improvement or other alteration of existing dwellinghouses. | (a)where the application relates to one dwellinghouse, £144; (b)where the application relates to 2 or more dwellinghouses, £288. | (a)where the application relates to one dwellinghouse, £159; (b)where the application relates to 2 or more dwellinghouses, £316. |
(a)the carrying out of operations (including the erection of a building) within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or | £144. | £159. |
(b)the construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land. | £144. | £159. |
8. The carrying out of any operations connected with exploratory drilling for oil or natural gas. | (a)where the site area does not exceed 7.5 hectares, £288 for each 0.1 hectares of the site area; (b)where the site area exceeds 7.5 hectares, £21,600 and an additional £80 for each 0.1 hectare in excess of 7.5 hectares, subject to a maximum in total of £50,000. | (a)where the site area does not exceed 7.5 hectares, £316 for each 0.1 hectares of the site area; (b)where the site area exceeds 7.5 hectares, £23,700 and an additional £80 for each 0.1 hectare in excess of 7.5 hectares, subject to a maximum in total of £50,000. |
9. The carrying out of any operations not coming within any of the above categories. | (a)in the case of operations for the winning and working of minerals— (i)where the site area does not exceed 15 hectares, £144 for each 0.1 hectare of the site area, (ii)where the site area exceeds 15 hectares, £21,600 and an additional £80 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £50,000; (b)in any other case, £144 for each 0.1 hectare of the site area, subject to a maximum of £1,440. | (a)in the case of operations for the winning and working of minerals— (i)where the site area does not exceed 15 hectares, £159 for each 0.1 hectare of the site area, (ii)where the site area exceeds 15 hectares, £23,850 and an additional £80 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £50,000; (b)in any other case, £159 for each 0.1 hectare of the site area, subject to a maximum of £1,590. |
| II. Uses of land | ||
10. The change of use of a building to use as one or more separate dwellinghouses. | (a)Where the change of use is from a previous use as a single dwellinghouse to use as two or more single dwellinghouses— (i)where the change of use is to use as 50 or fewer dwellinghouses, £288 for each additional dwellinghouse, (ii)where the change of use is to use as more than 50 dwellinghouses, £14,400 and an additional £80 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £50,000; (b)in all other cases— (i)where the change of use is to use as 50 or fewer dwellinghouses, £288 for each dwellinghouse, (ii)where the change of use is to use as more than 50 dwellinghouses, £14,400 and an additional £80 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £50,000. | (a)Where the change of use is from a previous use as a single dwellinghouse to use as two or more single dwellinghouses— (i)where the change of use is to use as 50 or fewer dwellinghouses, £316 for each additional dwellinghouse, (ii)where the change of use is to use as more than 50 dwellinghouses, £15,800 and an additional £80 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £50,000; (b)in all other cases— (i)where the change of use is to use as 50 or fewer dwellinghouses, £316 for each dwellinghouse, (ii)where the change of use is to use as more than 50 dwellinghouses, £15,000 and an additional £80 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £50,000. |
11. The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land, or for the storage of minerals in the open. | (a)where the site area does not exceed 15 hectares, £144 for each 0.1 hectare of the site area; (b)where the site area exceeds 15 hectares, £23,850 and an additional £80 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £50,000. | (a)where the site area does not exceed 15 hectares, £159 for each 0.1 hectare of the site area; (b)where the site area exceeds 15 hectares, £21,600 and an additional £80 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £50,000. |
12. The making of a material change in the use of a building or land (other than a material change of use coming within any of the above categories). | £288. | £316.” |
Regulation 2(6)
| Category of development | Fee payable between 1 April 2006 and 31 March 2007 | Fee payable on or after 1 April 2007 |
|---|---|---|
1. Advertisements displayed on business premises, on the forecourt of business premises or on other land within the curtilage of business premises, wholly with reference to all or any of the following matters— (a)the nature of the business or other activity carried on on the premises; (b)the goods sold or the services provided on the premises; or (c)the name and qualifications of the person carrying on such business or activity or supplying such goods or services. | £78. | £86. |
2. Advertisements for the purpose of directing members of the public to, or otherwise drawing attention to the existence of, business premises which are in the same locality as the site on which the advertisement is to be displayed but which are not visible from that site. | £78. | £86. |
3. All other advertisements. | £288. | £316.” |
(This note is not part of the Regulations)
These Regulations further amend, in relation to Wales, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (“the 1989 Regulations”).
The effect of these Regulations is to increase fees payable, in relation to Wales, under the 1989 Regulations by 20% from 1 April 2006 and by a further 10% from 1 April 2007.
Regulation 2 amends the fees payable under regulations 10A and 11A of, and Part I of Schedule 2 to, the 1989 Regulations. Replacement scales of fees for those payable under Part II of Schedule 1, and under Schedule 2, to the 1989 Regulations are set out in the Schedules to these Regulations.
Regulation 3 amends regulation 7(1) of the 1989 Regulations so as to require an applicant to pay a fee for making a further application to a local planning authority where the further application relates to an application for which planning permission was previously granted.
These Regulations revoke the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2004 (S.I. 2004/2736) (W.243).
1990 c. 8; section 303 was amended by paragraph 10 of Schedule 13 to the Environmental Protection Act 1990 (c. 43), section 6(6) of the Planning and Compensation Act 1991 (c. 34) and section 53 of the Planning and Compulsory Purchase Act 2004 (c. 5). See S.I. 2004/2097 (C.89) and, in relation to Wales, 2006/931 (C.26). See also section 303(2A) of the Town and Country Planning Act 1990 for the meaning of “appropriate authority” and section 336(1) of that Act for the definition of “prescribed”.
S.I. 1989/193, amended, in relation to England and Wales, by S.I. 1990/2743, 1991/2735, 1992/1817, 1992/3052, 1993/3170 and 1997/37 and, in relation to Wales, by S.I. 2002/1876 (W.185), 2002/2258 (W.222) and 2004/2736 (W.243).