360Fees and charges for exercise of functions by planning authorities(1)

Regulations may require the payment of a fee or charge to a planning authority for—

(a)

exercising any of its functions;

(b)

doing anything that is calculated to facilitate, or is conducive or incidental to, the exercise of any of its functions.

(2)

In subsection (1) references to a planning authority’s functions do not include its functions under the Historic Environment Act (for which see section 167 of that Act).

(3)

Regulations under this section may in particular—

(a)

make provision about when a fee or charge must be paid;

(b)

make provision about who must pay a fee or charge;

(c)

make provision about the amount of a fee or charge (which may include provision that specifies the amount or confers a function of specifying it, or provision about how the amount is to be calculated and who is to make the calculation);

(d)

specify circumstances in which a fee or charge is to be waived or refunded (wholly or in part);

(e)

specify circumstances in which no fee or charge is to be paid;

(f)

make provision about the effect of paying or failing to pay a fee or charge in accordance with the regulations (which may include provision that amends, repeals or revokes any enactment, including any provision of this Act).

(4)

If regulations under this section provide for a planning authority to specify or calculate the amount of any fees or charges, the authority must ensure that, taking one financial year with another, its income from the fees or charges does not exceed the cost of exercising the functions, or doing the things, to which they relate.