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The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015

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Fees for applications for certificates of lawful use or development

11.—(1) Subject to paragraphs (2) and (4), where an application is made to a local planning authority under section 191 or 192 of the 1990 Act, a fee must be paid to that authority.

(2) This regulation does not apply where the local planning authority are satisfied that the application relates solely to the carrying out of operations specified in regulation 4 for the purposes specified in that regulation.

(3) Subject to paragraphs (6) to (9) the fee payable in respect of an application to which this regulation applies is—

(a)in the case of an application under section 191(1)(a) or (b) (or under both paragraphs), the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be);

(b)in the case of an application under section 191(1)(c), £190;

(c)in the case of an application under section 192(1)(a) or (b) (or under both paragraphs), half the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be).

(4) Where all of the conditions set out in paragraph (5) are satisfied, this regulation does not apply to an application—

(a)under section 191 or 192 which is made—

(i)following the withdrawal (before notice of decision was issued) of a valid application made by or on behalf of the same applicant;

(ii)following the refusal of a valid application (whether by the local planning authority or the Welsh Ministers on appeal) made by or on behalf of the same applicant; or

(b)which is made following the making of an appeal to the Welsh Ministers under section 195(1)(b) of the 1990 Act(1) in relation to a valid application made by or on behalf of the same applicant.

(5) The conditions referred to in paragraph (4) are—

(a)the application is made within 12 months of—

(i)in the case of an earlier valid application which was withdrawn, the date when the application was received;

(ii)in the case of an application which is made following an appeal under section 195(1)(b) of the 1990 Act, the date when by virtue of article 28(10) of the Development Management Procedure Order the period for the giving of written notice of a decision on the earlier valid application expired; or

(iii)in any other case, the date of refusal;

(b)the application relates to the same site as that to which the earlier application related, or to part of that site and to no other land;

(c)the local planning authority to whom the application is made are satisfied that it relates to a use, operation or other matter of the same description as the use, operation or matter to which the earlier application related and to no other use, operation or matter;

(d)the fee payable in respect of the earlier application was paid; and

(e)no application made by or on behalf of the same applicant in relation to the whole or any part of the site has already been exempted from this regulation by paragraph (4).

(6) Where a use specified in an application under section 191(1)(a) is use as one or more separate dwellinghouses, the fee payable in respect of that use will be—

(a)where the use so specified is use as 50 or fewer dwellinghouses, £380 for each dwellinghouse;

(b)where the use so specified is use as more than 50 dwellinghouses, £19,000 and an additional £100 for each dwellinghouse in excess of 50, subject to a maximum in total of £287,500.

(7) Where an application is made under section 191(1)(a) or (b) (or under both paragraphs) and under section 191(1)(c), the fee payable is the sum of the fees that would have been payable if there had been an application under section 191(1)(a) or (b) (or under both paragraphs, as the case may be) and a separate application under section 191(1)(c).

(8) In the case of an application which relates to land in the area of two or more local planning authorities, paragraph 8(2) of Part 1 of Schedule 1 applies for the purpose of determining the amount payable as it applies in the case of an application for planning permission which relates to such land.

(9) Where an application is made by or on behalf of a community council, the fee payable is one half of the amount that would otherwise be payable in accordance with paragraphs (3), (6) and (7).

(10) The fee due in respect of an application to which this regulation applies must accompany the application when it is lodged with the local planning authority.

(11) Where the local planning authority who receive the fee in accordance with this regulation are not the local planning authority who have to determine the application, they must remit the fee to that authority at the same time as they forward the application to them.

(12) Any fee paid pursuant to this regulation must be refunded if the application is rejected as invalid.

(13) In this regulation “valid application” (“cais dilys”) has the same meaning as in article 28(12) of the Development Management Procedure Order.

(1)

Section 195(1) was amended by section 32 of, and paragraphs 8 and 32 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

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