The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012

CHAPTER 3 E+W Provisions in relation to specified categories

11.—(1)  [F1 Subject to sub-paragraph (1A), where], in respect of any category, the fee is to be calculated by reference to the site area, that area shall be taken as consisting of—

(a) the area of land to which the application relates; or

(b) in the case of an application for planning permission which is deemed to have been made by virtue of section 177(5) of the 1990 Act M1 , the area of land to which the relevant enforcement notice relates.

[F2 (1A) In the case of operations for the winning and working of oil or natural gas (including exploratory drilling), in determining the site area for the purposes of sub-paragraph (1) no account is to be taken of any area of land under which underground operations are to be carried out if no other operations for the winning and working of oil or natural gas (including exploratory drilling) are to be carried out on that land.]

(2) Where the area referred to in sub-paragraph (1) is not an exact multiple of the unit of measurement specified in respect of the relevant category of development, the fraction of a unit remaining after division of the total area by the unit of measurement shall be treated as a complete unit.

Textual Amendments

F1 Words in Sch. 1 para. 11(1) substituted (19.2.2014) by The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2014 (S.I. 2014/357), regs. 1(1), 2(2)(a)

F2 Sch. 1 para. 11(1A) inserted (19.2.2014) by The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2014 (S.I. 2014/357), regs. 1(1), 2(2)(b)

Marginal Citations

M1 Section 177(5) was amended by section 32 of, and paragraph 24(3) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34) and section 123(6) of the Localism Act 2011 (c. 20).

12.—(1) In relation to development within category 2, 3 or 4, the area of gross floor space to be created by the development shall be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or partly) by external walls of a building. E+W

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1 para. 12(2) omitted (6.12.2023) by virtue of The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 (S.I. 2023/1197), regs. 1(2), 16(2)(f) (with regs. 18, 19, 21)

F4 Sch. 1 para. 12(3) omitted (6.12.2023) by virtue of The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 (S.I. 2023/1197), regs. 1(2), 16(2)(f) (with regs. 18, 19, 21)

13.—(1) Where an application (other than an outline application) or a deemed application relates to development which is in part within category 1 and in part within category 2, 3 or 4, the following sub-paragraphs shall apply for the purpose of calculating the fee payable in respect of the application or deemed application. E+W

(2) An assessment shall be made of the total amount of gross floor space which is to be created by that part of the development which is within category 2, 3 or 4 (“the non-residential floor space”), and the sum payable in respect of the non-residential floor space to be created by the development shall be added to the sum payable in respect of that part of the development which is within category 1 and, subject to sub-paragraph (4), the sum so calculated shall be the fee payable in respect of the application or deemed application.

(3) For the purpose of calculating the fee payable under sub-paragraph (2)—

(a) where any of the buildings is to contain floor space which it is proposed to use for the purposes of providing common access or common services or facilities for persons occupying or using part of that building for residential purposes and for persons occupying or using part of it for non-residential purposes (“common floor space”), the amount of non-residential floor space shall be assessed, in relation to that building, as including such proportion of the common floor space as the amount of non-residential floor space in the building bears to the total amount of gross floor space in the building to be created by the development;

(b) where the development falls within more than one of categories 2, 3 and 4 an amount shall be calculated in accordance with each such category and the highest amount so calculated shall be taken as the sum payable in respect of all of the non-residential floor space.

(4) Where an application or deemed application to which this paragraph applies relates to development which is also within one or more than one of categories 5 to 13—

(a) an amount shall be calculated in accordance with each such category; and

(b) if any of the amounts so calculated exceeds the amount calculated in accordance with sub-paragraph (2) that higher amount shall be the fee payable in respect of all of the development to which the application or deemed application relates.

(5) In sub-paragraph (3), the reference to using the building for residential purposes is a reference to using it as a dwellinghouse.

14.—(1) Subject to paragraph 13 and sub-paragraph (2), where an application or deemed application relates to development which is within more than one of the categories— E+W

(a) an amount shall be calculated in accordance with each such category; and

(b) the highest amount so calculated shall be the fee payable in respect of the application or deemed application.

(2) Where an application is for outline planning permission and relates to development which is within more than one of the categories, the fee payable in respect of the application shall be—

[F5 (a) where the site area is less than 0.5 hectares, £578 for each 0.1 hectare (or part thereof) of the site area;

(b) where the site area is at least 0.5 hectares but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area;

(c) where the site area exceeds 2.5 hectares, £15, 433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500.]

Textual Amendments

F5 Sch. 1 para. 14(2)(a)-(c) substituted for Sch. 1 para. 14(2)(a)(b) (6.12.2023) by The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 (S.I. 2023/1197), regs. 1(2), 16(2)(g) (with regs. 18, 19, 21)