The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2016

Amendments relating to applications made pursuant to section 73 of the 1990 Act

4.—(1) The 2015 Regulations are further amended as follows.

(2) In regulation 16(1)(a) for “householder application” substitute “householder change application”.

(3) In regulation 16(5)—

(i) after “In this regulation” insert “ and in paragraph 5A of Part 1 of Schedule 1” and

(ii) for ““householder application” (“cais deiliad tŷ”)” substitute ““householder change application (“cais am newid gan ddeiliad tŷ”)”.

(4) In paragraph 5 of Part 1 of Schedule 1, for “Where” substitute “Subject to paragraph 5A, where”.

(5) After paragraph 5 insert—

“5A.— (1) Where application is made pursuant to section 73 of the 1990 Act —

(a) following the refusal or partial refusal of an earlier application under section 96A(4) of the 1990 Act made by or on behalf of the same applicant; or

(b) where the local planning authority have not given notice of their decision in respect of an earlier application under section 96A(4) of the 1990 Act made by or on behalf of the same applicant within the period specified in article 28A(7) of the Development Management Procedure Order(1);

and all the conditions set out in sub-paragraph (2) are satisfied, the fee payable is the fee specified in sub-paragraph (3).

(2) The conditions referred to in sub-paragraph (1) are—

(a) the application is made within 6 months following—

(i) the date of the refusal or partial refusal of the earlier application; or

(ii) as the case may be, expiry of the period specified in article 28A(7) of the Development Management Procedure Order in relation to the earlier application;

(b) the local planning authority to whom application is made are satisfied that the application relates to development of the same character or description as the development to which the earlier application related (and to no other development);

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

(d) the applicant has not already paid a fee under this paragraph in respect of a previous application made pursuant to section 73 of the 1990 Act that related to development of the same character or description as the development to which the current application relates.

(3) The fee is—

(a) if the application is a householder change application, £160;

(b) in any other case, £95.”

(1)

Article 28A was inserted by S.I.2014/1772 (W. 183).