12.—(1) Subject to paragraphs (9) and (11), where an application is made to a local planning authority under regulation 9 of the 1992 Regulations(1) for express consent for the display of an advertisement, a fee must be paid to that authority in accordance with this regulation.
(2) Where the application relates to the display of one advertisement only the fee payable in respect of the application is the amount specified in the table in Schedule 2 for the appropriate category.
(3) Where the application relates to the display of more than one advertisement on the same site, a single fee is payable in respect of all of the advertisements to be displayed on that site and listed in the application and—
(a)if all of the advertisements are within the same category the fee payable is the amount specified for that category;
(b)if all of the advertisements are within categories 1 and 2 the fee payable is the amount specified for category 1;
(c)if one or more of the advertisements is within category 3 the fee payable is the amount specified for category 3.
(4) Where the application relates to the display of advertisements on parking meters, litter bins, public seating benches or bus shelters within a specified area, the whole of the area to which the application relates must be treated as one site for the purpose of this regulation.
(5) Where the application relates to the display of advertisements on more than one site, the fee payable in respect of the application is the aggregate of the sums payable in respect of the display of advertisements on each such site.
(6) Where the application is made by or on behalf of a community council, the fee payable in respect of the application is one half of the amount that would otherwise be payable under this regulation.
(7) 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.
(8) 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.
(9) Where all of the conditions set out in paragraph (10) are satisfied, this regulation does not apply to—
(a)an application under regulation 9 of the 1992 Regulations which is made following the withdrawal (before notice of decision was issued) of a valid application made by or on behalf of the same person; or
(b)an application under that regulation which is made following the refusal of consent (whether by the local planning authority or by the Welsh Ministers on appeal) for the display of advertisements on a valid application made by or on behalf of the same person.
(10) The conditions referred to in paragraph (9) 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 that application was received; or
(ii)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;
(c)the local planning authority to whom the application is made are satisfied that it relates to an advertisement of the same description as the advertisement to which the earlier application related;
(d)the fee payable in respect of the earlier application was paid; and
(e)no previous application has at any time been made by or on behalf of the same applicant which related to—
(i)the same site as that to which the earlier application related, or part of that site; and
(ii)an advertisement of the same description as the advertisement (or any of the advertisements) to which the earlier application related,
and which was exempted from the provisions of this regulation by paragraph (9).
(11) No fee is payable under this regulation in respect of an application for consent to display an advertisement if the application is occasioned by a direction under regulation 7 of the 1992 Regulations (directions restricting deemed consent) disapplying regulation 6 of those Regulations (deemed consent for the display of advertisements)(2) in relation to the advertisement (or any of the advertisements) in question.
(12) Any fee paid pursuant to this regulation must be refunded if the relevant application is rejected as invalid.
Regulation 9 was substituted by regulation 2 of S.I. 2012/791 (W. 106).
See regulation 15 of S.I. 2008/1848 (W. 177) in relation to the application of the 1992 Regulations to the display on any site in a voting area of an advertisement relating specifically to a referendum.