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

Fees in respect of the monitoring of mining and landfill sites

14.—(1) Subject to paragraphs (2) and (3), where a site visit is made, the operator of the site must pay to the local planning authority a fee in the amount specified in paragraphs (4) or (5).

(2) The maximum number of site visits to any one such site for which a fee is payable under this regulation in any period of 12 months beginning with the date of the first visit during that period is—

(a) where the site is an active site, eight; or

(b) where the site is an inactive site, one.

(3) Where—

(a) the person liable to pay the fee in respect of a site visit is the owner of the site; and

(b) there is more than one owner,

the amount of the fee is to be divided equally between the total number of owners and each owner is liable to pay one part of the amount so divided.

(4) Where the whole or a part of the site is an active site, the fee payable is £330.

(5) Where the site is an inactive site the fee payable is £110.

(6) In this regulation—

“active site” (“safle gweithredol”) means the whole or a part of a mining site or landfill site, or a site which is partly a mining site and partly a landfill site, where—

(a)

development to which the relevant mineral permission or landfill permission relates is being carried out to any substantial extent on the site or (as the case may be) that part of it; or

(b)

other works to which a condition attached to such permission relates are being carried out to any substantial extent or (as the case may be) that part of it;

“inactive site” (“safle anweithredol”) means a mining site or landfill site, or a site which is partly a mining site and partly a landfill site, which is not an active site;

“operator” (“gweithredwr”) means—

(a)

the person—

(i)

carrying out on the land operations consisting of the winning and working of minerals;

(ii)

using the land for the deposit of mineral waste;

(iii)

carrying out on the land operations for the purposes of, or using the land as, a waste disposal site for the deposit of waste onto or into the land; or

(iv)

carrying out on the land other works to which a condition or limitation attached to a mineral permission or landfill permission relates;

(b)

where there is more than one person carrying out the operations, works or using the land in the way described in sub-paragraph (a), the person in overall control of the site; or

(c)

where there is no person who falls within the descriptions in sub-paragraph (a) or (b), the owner of the site; and

“owner” (“perchennog”) means—

(a)

the person who is entitled to a tenancy of the site granted or extended for a term of years certain of which not less than seven years remains unexpired, but does not include an underlessee; or

(b)

where there is no person who falls within the description in sub-paragraph (a), the owner in fee simple of the site.