PART 14ADMINISTRATION AND VALIDITY

CHAPTER 2PROCEEDINGS BEFORE THE WELSH MINISTERS

Fees and charges

364Fees and charges for applications and appeals to the Welsh Ministers

(1)

Regulations may require the payment of a fee or charge to the Welsh Ministers for—

(a)

exercising any functions they have in relation to an application made or proposed to be made to them under section 78 (option to make application for planning permission or approval of reserved matters to the Welsh Ministers) or section 80 (connected applications);

(b)

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

(2)

Regulations may require the payment of a fee to the Welsh Ministers where an application for planning permission is made to them under section 85 (urgent Crown development).

(3)

Regulations may require a person who makes an appeal to the Welsh Ministers under any provision made by or under this Act to pay a fee to the Welsh Ministers.

(4)

Regulations may require the payment of a fee to the Welsh Ministers or a planning authority (or of fees to both of them) where an appeal is made to the Welsh Ministers under section 131 (appeal against enforcement notice) on the ground that planning permission ought to be granted or a condition or limitation of planning permission ought to be removed.

(5)

A fee payable under regulations made under subsection (4) is in addition to any fee payable under regulations made under subsection (3).

(6)

Regulations under this section may in particular—

(a)

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

(b)

in the case of regulations under subsection (1), (2) or (4), 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);

(g)

specify circumstances in which a fee or charge paid to the Welsh Ministers in accordance with the regulations is to be transferred to another person.

(7)

This section does not limit any other power conferred by this Act to make provision about the payment of fees or charges to the Welsh Ministers.