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

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Statutory Instruments

2012 No. 2920

Town And Country Planning, England

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

Made

21st November 2012

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 303 and 333(2A) of the Town and Country Planning Act 1990 M1;

In accordance with section 303(8)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of each House of Parliament.

Marginal Citations

M11990 c. 8; section 303 was substituted by section 199 of the Planning Act 2008 (c. 29).

Citation, commencement, application and expiryE+W

1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 and shall come into force on the day after the day on which they are made.

(2) These Regulations apply in relation to England only.

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) These Regulations apply—

[F2(za)to the giving of advice about applying under section 62A of the 1990 Act for any permission, approval or consent;]

(a)to applications for planning permission deemed to have been made, by virtue of section 177(5) of the 1990 Act M2 (grant or modification of planning permission on appeals against enforcement notices), in connection with an enforcement notice issued on or after the date on which these Regulations come into force; and

(b)to the following applications, site visits and requests made on or after the date on which these Regulations come into force—

(i)applications for planning permission;

[F3(iiza)applications for permission in principle;]

(ii)applications for approval of reserved matters;

[F4(iia)applications under section 62A (applications made directly to Secretary of State) of the 1990 Act;]

(iii)applications under section 191 (certificate of lawfulness of existing use or development) or 192 (certificate of lawfulness of proposed use or development) of the 1990 Act M3;

(iv)applications under section 293A of the 1990 Act M4 (urgent crown development applications);

(v)applications for consent for the display of advertisements;

(vi)applications under the General Permitted Development Order referred to in regulation 14;

(vii)site visits to a mining site or a landfill site;

(viii)requests for confirmation that a condition or conditions attached to a grant of planning permission has or have been complied with;

(ix)applications under section 96A(4) of the 1990 Act M5 (power to make non-material changes F5...); and

(x)applications under section 17 of the Land Compensation Act 1961 (certificates of appropriate alternative development) M6.

Textual Amendments

Marginal Citations

M2Section 177(5) was amended by section 32 of, and paragraphs 8 and 24(3) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34) and section 123(1) and (6) of the Localism Act 2011 (c. 20).

M3Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 and amended by section 124(3) of the Localism Act (c. 20).

M4Section 293A was inserted by section 82(1) of the Planning and Compulsory Purchase Act 2004 (c. 5).

M5Section 96A was inserted by section 190(1) and (2) of the Planning Act 2008.

M61961 c. 33; section 17 was substituted by section 232(3) of the Localism Act 2011 (c. 20).

InterpretationE+W

2.—(1) In these Regulations—

[F6“the 1980 Act” means the Local Government, Planning and Land Act 1980;]

“the 1990 Act” means the Town and Country Planning Act 1990;

“the 1989 Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 M7;

“the 2007 Regulations” means the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 M8;

“the Development Management Procedure Order” means the Town and Country Planning (Development Management Procedure) (England) Order [F72015];

“the General Permitted Development Order” means the Town and Country Planning (General Permitted Development) [F8(England) Order 2015];

“dwellinghouse” means a building M9 which is used as a single private dwellinghouse and for no other purpose;

“glasshouse” means a building which—

(a)

has not less than three-quarters of its total external area comprised of glass or other translucent material;

(b)

is designed for the production of flowers, fruit, vegetables, herbs or other horticultural produce; and

(c)

is used, or is to be used, solely for the purposes of agriculture;

“householder application” has the same meaning as in article 2(1) of the Development Management Procedure Order (interpretation);

“landfill permission” means any planning permission for—

(a)

operational development of land designed to be used wholly or mainly for the purpose of; or

(b)

any material change of use of land to,

a waste disposal site for the deposit of waste onto or into the land;

“landfill site” means the land to which a landfill permission relates;

[F9“Mayoral development corporation” means a corporation which is—

(a)

established for a Mayoral development area, and

(b)

specified as the local planning authority for the purposes of Part 3 of the 1990 Act for all or part of that area,

by an order made by the Secretary of State under section 198 of the Localism Act 2011; and]

“mineral permission” means any planning permission for development consisting of—

(a)

the winning and working of minerals; or

(b)

the depositing of mineral waste;

“mining site” means—

(a)

the aggregate of the land to which any two or more mineral permissions relate where the aggregate of the land—

(i)

is worked as a single site; or

(ii)

is treated as a single site by the local planning authority for the purposes of Schedule 13 (review of old mineral planning permissions) or Schedule 14 (periodic review of mineral planning permissions) to the Environment Act 1995 M10; and

(b)

in any other case, the land to which a mineral permission relates;

“outline planning permission” and “reserved matters” have the same meaning as in article 2(1) of the Development Management Procedure Order;

“site visit” means entry by a local planning authority on to a mining site or landfill site—

(a)

to ascertain whether there is or has been any breach of planning control on the site;

(b)

to determine whether any of the powers conferred on the local planning authority by Part 7 of the 1990 Act M11 (enforcement) should be exercised in relation to the site;

(c)

to determine how any such power should be exercised in relation to the site; or

(d)

to ascertain whether there has been any compliance with any requirement imposed as a result of any such power having been exercised in relation to the site; F10...

[F11“urban development corporation” means a corporation which is—

(a)

established for an urban development area by an order made by the Secretary of State under section 135 of the 1980 Act; and

(b)

specified as the local planning authority for the purposes of Part 3 of the 1990 Act, for all or part of that area in an order made by the Secretary of State under section 149 of the 1980 Act; and]

“use of land” includes use of land for the winning and working of minerals.

(2) Expressions used in regulation 13 and Schedule 2 have, unless the context otherwise requires, the meaning which they bear in the 2007 Regulations.

Textual Amendments

Marginal Citations

M7S.I. 1989/193, as amended by S.I. 1990/2473, 1991/2735, 1992/1817, 1992/3052, 1993/3170, 1996/525, 1997/37, 2001/2719. 2002/768, 2005/843, 2006/994, 2008/958 and 2010/472.

M8S.I. 2007/783, to which there are amendments not relevant to these Regulations.

M9“Building” includes any part of a building; see the definition of “building” in section 336 of the 1990 Act.

M101995 c. 25; Schedule 13 was amended by sections 76 and 93 of, and paragraph 16 of Part II of Schedule 10 and paragraph 13 of Part I of Schedule 15 to, the Countryside and Rights of Way Act 2000 (c. 37); Schedules 13 and 14 were amended by sections 3 and 4 of, and Part 3 of Schedule 1 and paragraph 60 of Schedule 2 to, the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11) and S.I. 2003/956; Schedule 14 was amended by section 118 of, and paragraph 19 of Schedule 7 to, the Planning and Compulsory Purchase Act 2004 (c. 5).

M11Part 7 was amended by sections 1 to 11 and 84 of, and paragraph 11 of Schedule 1, paragraphs 22 to 33 of Schedule 7 and Part I of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34), section 52 of the Planning and Compulsory Purchase Act 2004, paragraphs 1, 5 and 6 of Schedule 10 (partially in force, see S.I. 2009/400) and paragraphs 1 and 3 of Schedule 11 to the Planning Act 2008 (c. 29), S.I. 2003/956 and 2009/1307, and sections 123 to 126 of, and paragraph 17 of Schedule 12 to, the Localism Act 2011 (c. 20)

[F12Pre-application advice about applying under section 62A of the 1990 ActE+W

2A.—(1) Where the Secretary of State gives advice about applying for any permission, approval or consent under section 62A of the 1990 Act (“pre-application advice”), a fee shall be paid to the Secretary of State.

(2) The fee payable in respect of pre-application advice shall be the time (in hours or parts thereof) spent by a planning inspector, or as the case may be, a planning officer, giving such advice multiplied by—

(a)where the advice is given by a planning inspector, the hourly rate for a planning inspector; or

(b)where the advice is given by a planning officer, the hourly rate for a planning officer.

(3) The hourly rate for a planning inspector, and for a planning officer, shall be—

(a)set from time to time by the Secretary of State;

(b)calculated by reference to the average hourly cost to the Secretary of State of providing the services of a planning inspector or, as the case may be, a planning officer;

(c)set at a level which ensures that, taking one financial year with another, the income from fees charged for pre-application advice does not exceed the cost of providing that advice; and

(d)published by the Secretary of State in such manner as the Secretary of State considers appropriate.

(4) In this regulation—

“planning inspector” means a person appointed by the Secretary of State under section 76D(1) of, or paragraph 1 of Schedule 6 to, the 1990 Act at any time in the 12 months preceding the request for advice; and

“planning officer” means an officer of the Department for Communities and Local Government working for the part of that Department known as the Planning Inspectorate.]

Textual Amendments

[F13Pre-application advice given by a Mayoral development corporation or an urban development corporationE+W

2B.—(1) Subject to paragraph (2), where a Mayoral development corporation or an urban development corporation (“the corporation”), gives advice to a person at the request of that person about applying for any permission, approval or consent under Part 3 of the 1990 Act (“pre-application advice”), the corporation shall charge that person a fee.

(2) The corporation may only charge a fee for pre-application advice under paragraph (1) if—

(a)a fee schedule has been adopted by the corporation in accordance with paragraphs (3) and (4);

(b)the requirements of paragraph (5) have been met;

(c)the fee schedule has come into effect on or before the date on which the request for pre-application advice is made;

(d)the fee schedule meets the requirements in paragraph (6);

(e)the fee schedule provides for a fee to be charged for that advice; and

(f)the fee is calculated in accordance with the fee schedule.

(3) A fee schedule is adopted when the corporation resolves to adopt it.

(4) A corporation may only adopt a fee schedule if it has published a copy of the proposed fee schedule—

(a)in one or more newspapers, whose circulation or combined circulations cover the corporation’s area; and

(b)on its website,

at least 21 days before the fee schedule is adopted.

(5) Within 5 days of adopting the fee schedule, the corporation must publish a copy of it on its website and make hard copies of it available on request.

(6) The fee schedule referred to in paragraph (2) must—

(a)set out how a fee charged under paragraph (1) is to be calculated; and

(b)specify the date on which it comes into effect, which may not be earlier than 10 days after the day on which it is adopted.

(7) The corporation may amend a fee schedule at any time and, in relation to the charging of a fee under paragraph (1) for advice to which the amendment relates, paragraphs (2) to (6) apply but as if for “fee schedule” there were substituted “amended fee schedule”.]

Textual Amendments

Fees for planning applicationsE+W

3.—(1) Subject to [F14regulations 4 to 7] and paragraph 8(2) of Part 1 of Schedule 1, where an application is made to a local planning authority for planning permission for the development of land [F15, for permission in principle] or for the approval of reserved matters, a fee shall be paid to that authority.

(2) The fee payable in respect of the application shall be calculated in accordance with Schedule 1.

(3) Where a fee is due in respect of an application, the fee shall be paid to the local planning authority with whom the application is lodged and shall accompany the application.

(4) Where the local planning authority who receive the fee in accordance with paragraphs (1) to (3)—

(a)are not the local planning authority who have to determine the application; and

(b)forward the application to that authority,

they shall remit the fee to that authority at the same time as they forward the application to them.

(5) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalid.

Textual Amendments

Exceptions – access and facilities for disabled personsE+W

4.—(1) Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied that it relates solely to—

(a)the carrying out of operations—

(i)for the alteration or extension of an existing dwellinghouse; or

(ii)in the curtilage of an existing dwellinghouse (other than the erection of a dwellinghouse),

for the purpose, in either case, of providing means of access to or within the dwellinghouse for a disabled person who is resident in, or is proposing to take up residence in, that dwellinghouse, or of providing facilities designed to secure that person's greater safety, health or comfort; or

(b)the carrying out of operations for the purpose of providing means of access for disabled persons to or within a building or premises to which members of the public are admitted (whether on payment or otherwise).

(2) In this regulation, “disabled person” means—

(a)a person who is within any of the descriptions of persons to whom section 29 of the National Assistance Act 1948 M12 (welfare arrangements for blind, deaf, dumb and crippled persons, etc) applies; F16...

(b)a child who is disabled for the purposes of Part 3 of the Children Act 1989 M13 (local authority support for children and families); [F17or

(c)a person who is aged 18 or over and has a disability within the meaning given by section 6 of the Equality Act 2010 (disability).]

Textual Amendments

Marginal Citations

M121948 c. 29; see subsection (1) of section 29. That subsection was amended by sections 113(1) and 114 of, and Schedule 4 to, the Mental Health (Scotland) Act 1960 (c. 61), section 195 of, and paragraph 2 of Schedule 23 to, the Local Government Act 1972 (c. 70) and section 108 of, and paragraph 11(2) of Schedule 13 to, the Children Act 1989 (c. 41).

M131989 c. 41; see section 17(11).

Exceptions – permission granted by General Permitted Development Order not applyingE+W

F185.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F19Exception – applications relating to demolition of unlisted etc buildings in conservation areasE+W

5A.  Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied that the application relates solely to development which is relevant demolition (within the meaning of section 196D of the 1990 Act).]

Textual Amendments

Exceptions – application relating to same use class necessary because of conditionE+W

6.  Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied—

[F20(a)that the application relates solely to the use of a building or other land for a purpose of any class specified—

(i)on or before 31st August 2020, in the Schedule to the Town and Country Planning (Use Classes) Order 1987, or

(ii)on or after 1st September 2020, in Schedule 1 or 2 of that Order;]

(b)that the existing use of that building or other land is for another purpose of the same class; and

(c)that the making of an application for planning permission in respect of the use to which the application relates is necessary by reason of (and only by reason of) the requirements of a condition imposed on a permission granted or deemed to be granted under Part 3 of the 1990 Act.

Textual Amendments

Exceptions – consolidation of subsisting minerals permissionsE+W

7.  Regulation 3 shall not apply to impose a fee in relation to an application to a local planning authority for permission to carry out development consisting of the winning and working of minerals where the application—

(a)is for a permission which consolidates two or more subsisting permissions; and

(b)does not seek permission for development which is not authorised by a subsisting permission.

Exemptions – second application relating to development on same site etc.E+W

F218.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Exemptions – application following withdrawal of earlier application or refusal of permission etc.E+W

F229.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F23Refund of fees in relation to planning applications not determined within [F24the relevant period] E+W

[F249A.—(1) Subject to paragraph (2), any fee paid by an applicant in respect of an application for planning permission [F25, or permission in principle] or for the approval of reserved matters shall be refunded to the applicant in the event that the local planning authority fail, or the Secretary of State, in relation to an application made under section 62A of the 1990 Act fails, to determine the application within [F26the relevant period].

[F27(1A) For the purposes of paragraph (1), the relevant period is—

(a)in the case of a valid application falling within article 34(2)(b) of the Development Management Procedure Order, 16 weeks beginning with the day immediately following the day on which the application is received by the local planning authority;

(b)otherwise, the period of 26 weeks beginning with the date on which a valid application is received by the local planning authority or the Secretary of State (as the case may be).]

(2) Paragraph (1) does not apply where—

(a)the applicant and the local planning authority, or, in the case of an application under section 62A of the 1990 Act, the Secretary of State, have agreed in writing that the application is to be determined within an extended period;

(b)the Secretary of State gives a direction under section 77 of the 1990 Act in relation to the application before the period mentioned in paragraph (1) has expired;

(c)the applicant has appealed to the Secretary of State under section 78(2) of the 1990 Act before the period mentioned in paragraph (1) has expired; or

(d)any person who is aggrieved by any decision of the local planning authority or the Secretary of State in relation to the application has made an application to the High Court before the period mentioned in paragraph (1) has expired.

(3) In this regulation [F28“valid application” is—

(a) where the application is made to a local planning authority, to have the same meaning as in article 34(4) of the Development Management Procedure Order or article 5S(3) of the Town and Country Planning (Permission in Principle) Order 2017, as the case may be;

(b) where the application is made under section 62A of the 1990 Act, to have the same meaning as in article 8(4) of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013.]]]

Textual Amendments

Fees in respect of deemed applicationsE+W

10.—(1) A fee shall be paid to the relevant authority in every case where an application for planning permission is deemed to have been made by virtue of section 177(5) of the 1990 Act ((grant or modification of planning permission on appeals against enforcement notices) M14 (“a deemed application”).

(2) A fee is only payable in respect of a deemed application under this regulation if a fee would have been payable under these Regulations for an application for planning permission made to the relevant authority on the relevant date in respect of the matters stated in the enforcement notice as constituting a breach of planning control.

(3) The amount of the fee shall be twice the amount of the fee payable to the relevant authority in respect of the application referred to in paragraph (2).

(4) The fee shall be paid in respect of the deemed application by every person who has made a valid appeal against the enforcement notice and whose appeal has not been withdrawn before the date on which the Secretary of State issues a notice under paragraph (6).

(5) The fee shall be paid to the relevant authority.

(6) The fee shall be paid at such time as the Secretary of State may in the particular case specify by notice in writing to the appellant.

(7) This regulation shall not apply where the person who has appealed against the relevant enforcement notice had—

(a)before the date when the notice was issued, made an application to the local planning authority [F29, or, in the case of an application under section 62A of the 1990 Act, the Secretary of State,] for planning permission for the development to which the relevant enforcement notice relates (and had paid to the authority the fee payable in respect of that application); or

(b)before the date specified in the notice as the date on which the notice is to take effect, made an appeal to the Secretary of State against the refusal of the local planning authority to grant such permission,

and at the date when the relevant enforcement notice was issued that application or, in the case of an appeal, at the date specified in the relevant enforcement as the date on which the notice is to take effect, that appeal, had not been determined.

(8) In the event that the Secretary of State—

(a)declines jurisdiction on the relevant appeal under section 174 of the 1990 Act (appeal against enforcement notice) M15 on the grounds that it does not comply with one or more of the requirements of subsections (1) to (3) of that section;

(b)dismisses the relevant appeal in exercise of the powers contained in section 176(3)(a) of the 1990 Act (general provisions relating to determination of appeals) on the grounds that the appellant has failed to comply with section 174(4) of the 1990 Act within the prescribed period; or

(c)allows the relevant appeal and quashes the relevant enforcement notice in exercise of the powers contained in section 176(3)(b) of the 1990 Act,

any fee paid in respect of the deemed application shall be refunded to the appellant.

(9) In the event of the relevant appeal under section 174 of the 1990 Act being withdrawn with the result that there are at least 21 days between the date of withdrawal and—

(a)the date (or in the event of postponement, the latest date) appointed for the holding of an inquiry into that appeal; or

(b)in the case of an appeal which is being dealt with by way of written representations, the date (or in the event of postponement, the latest date) appointed for the inspection of the site to which the enforcement notice relates,

any fee paid in respect of the deemed application shall be refunded to the appellant.

(10) For the purpose of paragraph (9) an appeal shall be treated as being withdrawn on the date on which notice in writing of the withdrawal is received by the Secretary of State.

(11) The reference in paragraph (9)(b) to an appeal being dealt with by way of written representations shall be construed as a reference to an appeal in respect of which neither the appellant nor the local planning authority has asked for an opportunity of appearing before and being heard by a person appointed by the Secretary of State and in respect of which no local inquiry is to be held under section 320 (local inquiries) of, or Schedule 6 (determination of certain appeals by person appointed by Secretary of State) to, the 1990 Act M16.

(12) Any fee paid by an appellant in respect of a deemed application shall be refunded to the appellant in the event of the local planning authority withdrawing the relevant enforcement notice before it takes effect or if the Secretary of State decides that the enforcement notice is a nullity.

(13) Save on the determination of an appeal where the Secretary of State issues a certificate under section 191 of the 1990 Act (certificate of lawfulness of existing use or development) M17 in accordance with section 177(1)(c) of that Act (grant or modification of planning permission on appeals against enforcement notices) M18, the fee paid by the appellant in respect of a deemed application shall be refunded to the appellant in the event of the Secretary of State allowing the appeal against the relevant enforcement notice on—

(a)grounds set out in section 174(2)(b) to (f) of the 1990 Act (appeal against enforcement notice); or

(b)the ground that the notice is invalid, or that it contains a defect, error or misdescription which cannot be corrected in pursuance of the Secretary of State's powers under section 176(1) of the 1990 Act (general provisions relating to determination of appeals) M19.

(14) In the case of a deemed application where—

(a)an enforcement notice is varied under section 176(1) of the 1990 Act otherwise than to take account of a grant of planning permission under section 177(1) of the 1990 Act; and

(b)the fee calculated in accordance with paragraphs (2) and (3) would have been a lesser amount if the original notice had been in the terms of the varied notice,

the fee payable shall be that lesser amount and any excess amount already paid shall be refunded.

(15) in determining a fee under sub-paragraph (14) no account shall be taken of any change in fees which takes effect after the making of the deemed application.

(16) In this regulation —

(a)“relevant authority” means the local planning authority which issued the enforcement notice; and

(b)“relevant date” means the date on which the appeal against the enforcement notice is made.

Textual Amendments

Marginal Citations

M14Section 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)

M15Section 174 was amended, so far as relevant to these Regulations, by section 6(1) of the Planning and Compensation Act 1991 (c. 34), S.I. 2003/956 and section 123(1) and (4) of the Localism Act 2011 (c. 20).

M16Schedule 6 was amended, so far as relevant to these Regulations by paragraph 14 of Schedule 10 (partially in force, see S.I. 2009/400) to, the Planning Act 2008 (c. 29).

M17Section 191 was substituted by section 10(1) of the Planning and Compensation Act 1991 and section 124(3) of the Localism Act (c. 20).

M18Section 177(1) was amended by section 32 of, and paragraph 24 of Schedule 7 to, the Planning and Compensation Act 1991.

M19Section 176(1) was substituted by section 32 of, and paragraph 23 of Schedule 7 to, the Planning and Compensation Act 1991.

Fees for applications for certificates of lawful use or developmentE+W

11.—(1) Subject to [F30paragraphs (2) and (8)], where an application is made to a local planning authority under section 191 (certificate of lawfulness of existing use or development) or 192 (certificate of lawfulness of proposed use or development) of the 1990 Act M20 a fee shall be paid to that authority.

(2) This regulation shall not apply where the local planning authority to whom the application is made are satisfied that it relates solely to the carrying out of operations specified in regulation 4 for the purposes specified in that regulation.

(3) Subject to [F31paragraphs (6) to (9) and regulation 18A], the fee payable in respect of an application to which this regulation applies shall be—

(a)in the case of an application under section 191(1)(a) or (b) (or under both paragraphs), the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application for planning permission to do both, as the case may be);

(b)in the case of an application under section 191(1)(c), [F32£293].

(c)in the case of an application under section 192(1)(a) or (b) (or under both paragraphs), half the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application for planning permission to do both, as the case may be).

F33(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where a use specified in an application under section 191(1)(a) is use as one or more separate dwellinghouses, the fee payable in respect of that use shall [F35, subject to regulation 18A,] be—

[F36(a)where the use so specified is use as fewer than 10 dwellinghouses, £578 for each dwellinghouse;

(b)where the use so specified is use as at least 10 but no more than 50 dwellinghouses, £624 for each dwellinghouse;

(c)where the use so specified is use as more than 50 dwellinghouses, £30,860 and an additional £186 for each dwellinghouse in excess of 50, subject to a maximum in total of £405,000.]

(7) Where an application is made under section 191(1)(a) or (b) (or under both paragraphs) and under section 191(1)(c), the fee payable shall be the sum of the fees that would have been payable if there had been an application under section 191(1)(a) or (b) (or under both paragraphs, as the case may be) and a separate application under section 191(1)(c).

(8) In the case of an application which relates to land in the area of two or more local planning authorities, paragraph 8(2) of Part 1 of Schedule 1 shall apply for the purpose of determining the authority to whom the fee shall be payable and the amount payable as it applies in the case of an application for planning permission which relates to such land.

(9) Where an application is made by or on behalf of a parish council, the fee payable shall be one half of the amount that would otherwise be payable in accordance with paragraphs (3) to (8).

(10) The fee due in respect of an application to which this regulation applies shall accompany the application when it is lodged with the local planning authority.

(11) Where the local planning authority who receive the fee in accordance with this regulation—

(a)are not the local planning authority who have to determine the application; and

(b)forward the application to that authority,

they shall remit the fee to that authority at the same time as they forward the application to them.

(12) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalid.

Textual Amendments

Marginal Citations

M20Section 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991and section 191 was amended by section 124(3) of the Localism Act (c. 20).

[F37Fees payable in respect of applications under section 62A of the 1990 ActE+W

11A.—(1) When an application is made under section 62A of the 1990 Act a fee is payable to the Secretary of State.

(2) A fee is only payable under this regulation if a fee would have been payable to a local planning authority under these Regulations F38... had the application been made to that authority (“the relevant authority”).

(3) The amount of the fee payable to the Secretary of State under paragraph (1) shall be the same as the amount of the fee that would have been payable to the relevant authority under these Regulations.

F39(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Any fee paid under this regulation shall be refunded if the application is rejected as invalid.]

Textual Amendments

Fee payable in respect of urgent crown development applicationsE+W

12.—(1) When an application is made to the Secretary to State under section 293A of the 1990 Act (urgent crown development applications) M21 a fee is payable to the Secretary of State.

(2) A fee is only payable under this regulation if a fee would have been payable to the relevant authority under these Regulations had the application for planning permission [F40or permission in principle, as the case may be,] set out in the application under section 293A of the 1990 Act been made to that authority.

(3) The amount of the fee payable to the Secretary of State under paragraph (1) shall be the same as the amount of the fee that would have been payable to the relevant authority under these Regulations.

(4) In this regulation “relevant authority” means the local planning authority to whom the fee would have been payable in accordance with these Regulations had the application been made to one or more local planning authorities.

(5) Any fee paid under this regulation shall be refunded if the application is rejected as invalid.

Textual Amendments

Marginal Citations

M21Section 293A was inserted by section 82(1) of the Planning and Compulsory Purchase Act 2004 (c. 5).

Fees for applications for consent for advertisementsE+W

13.—(1) Subject to [F41paragraph (11)], where an application is made to a local planning authority under regulation 9 of the 2007 Regulations (applications for express consent) for consent for the display of an advertisement, a fee shall be paid to that authority in accordance with this regulation.

(2) Where the application relates to the display of one advertisement only the fee payable in respect of the application shall be the amount specified in the table in Schedule 2 for the appropriate category.

(3) Where the application relates to the display of more than one advertisement on the same site a single fee shall be payable in respect of all of the advertisements to be displayed on that site and listed in the application and—

(a)if all of the advertisements are within the same category the fee payable shall be the amount specified for that category;

(b)if all of the advertisements are within categories 1 and 2 the fee payable shall be the amount specified for category 1;

(c)if one or more of the advertisements is within category 3 the fee payable shall be the amount specified for category 3.

[F42(3A) Paragraphs (2) and (3) are subject to regulation 18A.]

(4) Where the application relates to the display of advertisements on parking meters, litter bins, public seating benches, bus shelters or charging points for electric vehicles within a specified area, the whole of the area to which the application relates shall be treated as one site for the purpose of this regulation.

(5) Where the application relates to the display of advertisements on more than one site, the fee payable in respect of the application shall be the aggregate of the sums payable in respect of the display of advertisements on each such site.

(6) Where the application is made by or on behalf of a parish council, the fee payable in respect of the application shall be one half of the amount that would otherwise be payable under this regulation.

(7) The fee due in respect of an application to which this regulation applies shall accompany the application when it is lodged with the local planning authority.

(8) Where the local planning authority who receive the fee in accordance with this regulation—

(a)are not the local planning authority who have to determine the application; and

(b)forward the application to that authority,

they shall remit the fee to that authority at the same time as they forward the application to them.

F43(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) No fee is payable under this regulation in respect of an application for consent to display an advertisement if the application is occasioned by a direction under regulation 7 of the 2007 Regulations (directions restricting deemed consent) disapplying regulation 6 of those Regulations (deemed consent for the display of advertisements) in relation to the advertisement (or any of the advertisements) in question.

(12) Any fee paid pursuant to this regulation shall be refunded if the relevant application is rejected as invalid.

(13) In this regulation “site” has the same meaning as in the 2007 Regulations.

Textual Amendments

Fees for certain applications under the General Permitted Development OrderE+W

14.—(1) M22Where an application is made to a local planning authority for their determination as to whether the prior approval of the authority will be required in relation to development under Schedule 2 to the General Permitted Development Order (permitted development) a fee shall be paid to that authority of the following amounts—

[F45(za)for an application under any Part of that Schedule relating to development which involves the making of any material change in the use of any buildings or other land, except for an application under Part 4 (temporary buildings and uses), [F46£120];

[F47(zab)for an application under Part 1 of that Schedule relating to development permitted by Class A of that Part (enlargement, improvement or other alteration of a dwellinghouse) which exceeds the limits in paragraph A.1(f) of that Class but is allowed by paragraph A.1(g), [F48£120];]

[F49(zac)for an application under Part 1 of that Schedule relating to development permitted by Class AA of that Part (enlargement of a dwellinghouse by construction of additional storeys), [F50£120];]

(zb)[F51subject to sub-paragraph (zc),] for an application under Part 3 of that Schedule relating to development consisting of the making of a material change in the use of any buildings or other land and building operations in connection with that change of use, [F52£258];

[F53(zc)for an application under Part 3 of that Schedule relating to development permitted by Class MA of that Part (commercial, business and service uses to dwellinghouses), for each proposed dwellinghouse, [F54£125];]

(a)for an application under Parts 4 (temporary buildings and uses), 6 (agricultural and forestry), 7 (non-domestic extensions, alterations etc), 11 (heritage and demolition) or 14 (renewable energy) of that Schedule, [F55£120]; F56...

[F57(aa)for an application under Part 7 of that Schedule relating to development permitted by Class M of that Part (extensions etc for schools, colleges, universities, prisons and hospitals), where the application relates to the erection, extension or alteration of a university building, [F58£120];]

(b)for an application under Part 16 of that Schedule (communications), [F59£578] [F60; F61...

[F62(ba)for an application under Part 19 of that Schedule (development by the Crown or for national security purposes), £120; and]

(c)for an application under Part 20 (construction of new dwellinghouses) of that Schedule—

[F63(i)where the number of new dwellinghouses proposed by the development as specified in the written statement accompanying the application is fewer than 10, £418 for each new dwellinghouse;

(ii)where the number of new dwellinghouses proposed by the development as specified in the written statement accompanying the application is at least 10 but no more than 50, £451 for each new dwellinghouse;

(iii)where the number of new dwellinghouses proposed by the development as specified in the written statement accompanying the application is more than 50, £22,309, and an additional £135 for each dwellinghouse in excess of 50, subject to a maximum in total of £405,000.]

[F64(1ZA) Paragraph (1) is subject to regulation 18A.]

[F65(1A) This regulation shall not apply to impose a fee in relation to an application of a type described in paragraph (1)(za) [F66, [F67(zab), (zac), (zb) or (zc)]] (“the approval application”) where—

(a)a fee is payable under these Regulations for an application for planning permission made in respect of proposals for development of a site which includes buildings or other land which are the subject of the approval application, and

(b)that application for planning permission is made on the same date and by or on behalf of the same applicant as the approval application.]

[F68(1B) This regulation shall not apply to impose a fee in relation to an application of a type described in paragraph (1)(zab) [F69or (zac)] (“the approval application”) where the local planning authority to whom the approval application is made are satisfied that the application relates solely to operations referred to in sub-paragraph (a) or (b) of regulation 4(1).]

F70(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70(1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70(1E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the local planning authority who receive the fee in accordance with this regulation—

(a)are not the local planning authority who have to determine the application; and

(b)forward the application to that authority,

they shall remit the fee to that authority at the same time as they forward the application to them.

(3) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalid.]]

Textual Amendments

Marginal Citations

M22Schedule 2 was amended, so far as relevant to these Regulations, by S.I. 1991/1661, 1996/252, 1996/528, 1997/366, 1998/462, 1999/293, 1999/1661 2001/1149, 2001/4050, 2001/2718, 2003/2155, 2004/945, 2005/85, 2005/2935, 2006/1282, 2006/1386, 2007/406, 2008/675, 2008/2362, 2010/654, 2010/2134, 2011/2056 and 2011/2085.

Fees in respect of the monitoring of mining and landfill sitesE+W

15.—(1) Subject to paragraphs (2) and (3) [F71and regulation 18A], where a site visit is made to a mining site or a landfill site by a local planning authority, the operator of the site shall pay to the authority a fee of an amount specified in paragraph (4) or (5).

(2) The maximum number of 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 such visit 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 shall be divided equally by the total number of owners and each owner shall be 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 shall be [F72£496].

(5) In any other case the fee payable shall be [F73£165].

(6) In this regulation—

“active site” 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 on the site or (as the case may be) that part of it;

“operator”, in relation to a mining or a landfill site, means—

(a)

the person—

(i)

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

(ii)

using the land for the deposit of mineral waste;

(iii)

carrying out operations on the land 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 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 a way described in sub-paragraph (a), the person in overall control of the mining site, landfill site or, where a site is both a mining site and a landfill site, the mining site and the landfill site, as the case may be; or

(c)

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

“owner”, in relation to a mining or a landfill site, 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 estate owner in respect of the fee simple of the site.

Textual Amendments

Fees for confirmation of compliance with condition attached to planning permissionE+W

16.—(1) Where a request is made to a local planning authority for written confirmation of compliance with a condition or conditions attached to a grant of planning permission, a fee shall be paid to that authority as follows—

(a)where the request relates to a permission for development which falls within category 6 or 7 specified in the table set out in Part 2 of Schedule 1, [F74£43] for each request;

(b)where the request relates to a permission for development which falls within any other category of that Schedule, [F75£145] for each request.

[F76(1A) Paragraph (1) is subject to regulation 18A.]

(2) Any fee paid under this regulation shall be refunded if the local planning authority fails to give the written confirmation requested within a period of twelve weeks beginning on the date on which the authority received the request.

Textual Amendments

Modifications etc. (not altering text)

C1Reg. 16 applied (with modifications) (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 3(4)

Fees for applications for non-material changes to planning permission [F77or permission in principle] E+W

17.—[F78(1)] Where an application is made under section 96A(4) of the 1990 Act (power to make non-material changes F79...) applies the following fee shall be paid to the local planning authority—

(a)if the application is a householder application, [F80£43];

(b)in any other case, [F81£293].

[F82(1A) Paragraph (1) is subject to regulation 18A.]

(2) Where the local planning authority who receive the fee in accordance with this regulation—

(a)are not the local planning authority who have to determine the application; and

(b)forward the application to that authority,

they shall remit the fee to that authority at the same time as they forward the application to them.

Textual Amendments

Fees for applications for certificates of appropriate alternative developmentE+W

18.—(1) Where an application is made to a local planning authority under section 17 of the Land Compensation Act 1961 (certification of appropriate alternative development) M23 a fee shall be paid to that authority.

(2) The fee payable in respect of an application to which this regulation applies shall be [F83£293].

[F84(2A) Paragraph (2) is subject to regulation 18A.]

(3) Where an application is made by or on behalf of a parish council, the fee payable shall be one half of the amount that would otherwise be payable.

(4) The fee due in respect of an application to which this regulation applies shall accompany the application when it is lodged with the local planning authority.

(5) Where the local planning authority who receive the fee in accordance with this regulation—

(a)are not the local planning authority who have to determine the application; and

(b)forward the application to that authority,

they shall remit the fee to that authority at the same time as they forward the application to them.

(6) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalid.

Textual Amendments

Marginal Citations

M231961 c. 33; section 17 was substituted by section 232(3) of the Localism Act 2011 (c. 20).

[F85Fees payable on or after 1st April 2025 E+W

18A.—(1) If there is a relevant increase in the consumer prices index, each relevant amount is increased on the fee change date in accordance with paragraph (3).

(2) There is a relevant increase in the consumer prices index if the consumer prices index for the month of September preceding the fee change date is higher than that for the previous September.

(3) Each relevant amount is increased by the lower of—

(a)the percentage increase in the consumer prices index, and

(b)10%,

rounded up or down to the nearest £1.

(4) The increase in a relevant amount in accordance with paragraphs (1) to (3) applies only in respect of an application which is, or is deemed to have been, made on or after the fee change date.

(5) In this paragraph—

“consumer prices index” means the all items consumer prices index published by the Statistics Board;

“fee change date” means—

(a)

1st April 2025, or

(b)

1st April in any subsequent year;

“relevant amount” means—

(a)

a fee specified in regulation 11(3)(b) or (6)(a), (b) or (c), 14(1)(za) to (c), 15(4) or (5), 16(1)(a) or (b), 17(1)(a) or (b) or 18(2),

(b)

a fee specified in paragraph 3(1), 4(2), 5, 6(b) or 7(1)(a), (b) or (c) of Schedule 1,

(c)

an amount set out in the table in Part 2 of Schedule 1 and expressed in pounds sterling, or

(d)

a fee specified in the table in Schedule 2.]

Textual Amendments

ReviewE+W

19.—(1) Before the end of the review period, the Secretary of State must—

(a)carry out a review of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) “Review period” means the period of five years beginning with the day on which these Regulations come into force.

Revocations, transitional provisions and savingsE+W

20.—(1) Subject to paragraphs (2) and (3), the regulations specified in the first column of the table in Schedule 3 are revoked in so far as they apply to England.

(2) A reference in regulations 8(2)(d), 9(2)(f), 11(5)(e) or 13(10)(e) to the fee for an application being exempted under a particular provision of these Regulations shall be construed as including a reference to the application being exempt from the payment of a fee under (as the case may be) regulation 7, 8, 10A(3) or 11(9) of the 1989 Regulations.

(3) The relevant provisions of the 1989 Regulations shall continue to have effect in relation to any application for planning permission deemed to have been made by virtue of section 177(5) of the 1990 Act M24 in connection with an enforcement notice issued before the date on which these Regulations come into force.

Marginal Citations

M24Section 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).

Signed by authority of the Secretary of State for Communities and Local Government

Nick Boles

Minister of State

Department for Communities and Local Government

Regulations 3, 10, 11(8) and 16(1)

SCHEDULE 1E+WFees in Respect of Applications and Deemed Applications for Planning Permission or for Approval of Reserved Matters

PART 1 E+WFees payable under regulation 3 or regulation 10

CHAPTER 1E+WGeneral

1.—(1) Subject to paragraphs 2 to 10, the fee payable under regulation 3 or regulation 10 shall be calculated in accordance with the table set out in Part 2 and paragraphs 11 to 14.E+W

(2) In this Part, a reference to a category is to a category of development specified in the table set out in Part 2; and a reference to a numbered category is to the category of development so numbered in the table.

(3) In this Schedule “category of development” means—

(a)in the case of an application for planning permission [F86or permission in principle], the category of development in respect of which permission is being sought; and

(b)in the case of an application for approval of reserved matters, the category of development authorised by the relevant outline planning permission.

(4) 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 M25, in this Schedule—

(a)references to the development to which an application relates shall be construed as references to the use of land or the operations (as the case may be) to which the relevant enforcement notice relates;

(b)references to the amount of floor space or the number of dwellinghouses to be created by the development shall be construed as references to the amount of floor space or the number of dwellinghouses to which that enforcement notice relates; and

(c)references to the purposes for which it is proposed that floor space be used shall be construed as references to the purposes for which floor space was stated to be used in the enforcement notice.

Textual Amendments

Marginal Citations

M25Section 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).

CHAPTER 2E+WFees in particular cases

2.  Where an application or deemed application is made or deemed to be made by or on behalf of a parish council, the fee payable shall be one half of the amount that would otherwise be payable.E+W

3.—(1) Where an application or deemed application is made or deemed to be made by or on behalf of a club, society or other organisation (including any persons administering a trust) which is not established or conducted for profit and whose objects are the provision of facilities for sport or recreation, and the conditions specified in sub-paragraph (2) are satisfied, the fee payable shall be [F87£578].E+W

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

(a)that the application or deemed application relates to—

(i)the making of a material change in the use of land to use as a playing field; or

(ii)the carrying out of operations (other than the erection of a building containing floor space) for purposes ancillary to the use of land as a playing field,

and to no other development; and

(b)that the local planning authority with whom the application is lodged, or (in the case of a deemed application) the Secretary of State, is satisfied that the development is to be carried out on land which is, or is intended to be, occupied by the club, society or organisation and used wholly or mainly for the carrying out of its objects.

Textual Amendments

4.—(1) This paragraph applies where—E+W

(a)an application is made for approval of one or more reserved matters (“the current application”);

(b)the applicant has previously applied for such approval under the same outline planning permission and paid fees in relation to one or more such applications; and

(c)no application has been made under that permission other than by or on behalf of the applicant.

(2) Where the amount paid as mentioned in sub-paragraph (1)(b) is not less than the amount which would be payable if the applicant were, by the current application, seeking approval of all the matters reserved by the outline permission (and in relation to the whole of the development authorised by the permission), the fee payable in respect of the current application shall be [F88£578].

(3) Where—

(a)a fee has been paid as mentioned in sub-paragraph (1)(b) at a rate lower than that prevailing at the date of the current application; and

(b)sub-paragraph (2) would apply if that fee had been paid at the rate applying at that date,

the fee in respect of the current application shall be the amount specified in sub-paragraph (2).

Textual Amendments

5.  Where application is made pursuant to section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached) M26the fee payable in respect of the application shall be [F89£293].E+W

Textual Amendments

Marginal Citations

M26Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c.5).

6.  M27Where an application relates to development to which section 73A of the 1990 Act (planning permission for development already carried out) applies, the fee payable in respect of the application shall be—E+W

(a)where the application relates to development carried out without planning permission, the fee that would be payable if the application were for planning permission to carry out that development;

(b)[F90£293], in any other case.

Textual Amendments

Marginal Citations

M27Section 73A was inserted by section 32 of, and paragraph 16 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

7.—(1) Where an application of the description contained in [F91article 20(1)(b) or (c)] of the Development Management Procedure Order (consultations before the grant of a replacement planning permission subject to a new time limit) is made the following fees shall be paid to the local planning authority—E+W

(a)if the application is a householder application, [F92£85];

(b)if the application is an application for major development, [F93£932];

(c)in any other case, [F94£293].

(2) In this paragraph, “major development” has the same meaning as in article 2(1) of the Development Management Procedure Order (interpretation).

Textual Amendments

8.—(1) This paragraph applies where—E+W

(a)an applicant applies for planning permission [F95or permission in principle] or for the approval of reserved matters in respect of the development of land (“the relevant land”); and

(b)the relevant land straddles the boundary or boundaries between the areas of two or more local planning authorities so that, instead of application being made to one authority in relation to the whole of that development, applications are made to two or more local planning authorities, in accordance with [F96article 11(1)] of the Development Management Procedure Order (general provisions relating to applications) [F97or article 5D(1) of the Town and Country Planning (Permission in Principle) Order 2017, as the case may be.]

(2) A fee shall be payable only to the local planning authority, to which one of the applications referred to in paragraph (1)(b) is made, in whose area the largest part of the relevant land is situated, and the amount payable shall be—

(a)where the applications relate wholly or partly to a county matter within the meaning of paragraph 1 of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions) M28, and all the land is situated in a single county for which there is no county planning authority, the amount which would have been payable if application had fallen to be made to one authority in relation to the whole development;

(b)in any other case, one and a half times the amount which would have been payable if application had fallen to be made to a single authority or the sum of the amounts which would have been payable but for this paragraph, whichever is the lesser.

Textual Amendments

Marginal Citations

M28Paragraph 1 of Schedule 1 was amended by sections 21 and 84 of, and paragraph 13 of Schedule 1 and Part I of Schedule 19 to, the Planning and Compensation Act 1991.

9.—(1) This paragraph applies where an application for planning permission is deemed to have been made by virtue of section 177(5) of the 1990 Act (grant or modification of planning permission on appeals against enforcement notices) M29 in respect of such land as is mentioned in paragraph 8(1).E+W

(2) The fee payable to the Secretary of State shall be the amount which would be payable by virtue of paragraph 8(2) if an application for the like permission had been made to the relevant authority on the date on which notice of appeal was given in accordance with section 174(3) of the 1990 Act M30 (appeal against enforcement notice).

Marginal Citations

M29Section 177(5) was amended by paragraphs 8 and 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)..

10.—(1) Where—E+W

(a)an application for planning permission [F98or permission in principle] is made in respect of two or more alternative proposals for the development of the same land; or

(b)an application for approval of reserved matters is made in respect of two or more alternative proposals for the carrying out of the development authorised by an outline planning permission,

and the application is made in respect of all of the alternative proposals on the same date and by or on behalf of the same applicant, the fee payable in respect of the application shall be calculated in accordance with sub-paragraph (2).

(2) Calculations shall be made in accordance with this Schedule of the fee that would be payable in respect of an application for planning permission [F99, permission in principle], or approval of reserved matters (as the case may be), if made in respect of each of the alternative proposals, and the fee payable in respect of the application shall be the sum of—

(a)an amount equal to the highest of the amounts calculated in respect of each of the alternative proposals; and

(b)an amount calculated by adding together the amounts appropriate to all of the alternative proposals, other than the amount referred to in sub-paragraph (a), and dividing that total by the figure of 2.

Textual Amendments

CHAPTER 3E+WProvisions in relation to specified categories

11.—(1) [F100Subject 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 M31, the area of land to which the relevant enforcement notice relates.

[F101(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

Marginal Citations

M31Section 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

F102(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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—

[F104(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

PART 2E+WScale of Fees

Scale of Fees in Respect of Applications Made or Deemed to be Made

[F105Category of DevelopmentFee Payable
I Operations
1. The erection of dwellinghouses (other than development in category 6)

(1) Where the application is for outline planning permission and—

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

(b) 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) 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.

(2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area.

(3) In any other case—

(a) where the number of dwellinghouses to be created by the development is fewer than 10, £578 for each dwellinghouse;

(b) where the number of dwellinghouses to be created by the development is at least 10 but no more than 50, £624 for each dwellinghouse;

(c) where the number of dwellinghouses to be created by the development is more than 50, £30,860 and an additional £186 for each dwellinghouse in excess of 50, subject to a maximum in total of £405,000.

2. The erection of buildings (other than buildings in categories 1, 3, 4, 5 or 7)

(1) Where the application is for outline planning permission and—

(a) the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area;

(b) the site area is at least 1 hectare but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area;

(c) 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.

(2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area.

(3) In any other case—

(a) where no floor space is to be created by the development, £293;

(b) where the area of gross floor space to be created by the development does not exceed 40 square metres, £293;

(c) where the area of gross floor space created by the development exceeds 40 square metres but is less than 1000 square metres, £578 for each 75 square metres (or part thereof);

(d) where the area of gross floor space created by the development is at least 1000 square metres but does not exceed 3750 square metres, £624 for each 75 square metres (or part thereof);

(e) where the area of gross floor space created by the development exceeds 3750 square metres, £30,680 and an additional £186 for each 75 square metres (or part thereof) in excess of 3750 square metres, subject to a maximum in total of £405,000.

3. The erection, on land used for the purposes of agriculture, or buildings used for agricultural purposes (other than buildings in category 4)

(1) Where the application is for outline planning permission and—

(a) the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area;

(b) the site area is at least 1 hectare but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area;

(c) 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.

(2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area.

(3) In any other case—

(a) where the area of gross floor space to be created by the development does not exceed 465 square metres, £120;

(b) where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £578;

(c) where the area of gross floor space to be created by the development exceeds 540 square metres but is less than 1000 square metres, £578 and an additional £578 for each 75 square metres (or part thereof) in excess of 540 square metres;

(d) where the area of gross floor space to be created by the development is at least 1000 square metres but does not exceed 4215 square metres, £624 and an additional £624 for each 75 square metres (or part thereof) in excess of 1000 square metres;

(e) where the area of gross floor space to be created by the development exceeds 4215 square metres, £30,860 and an additional £186 for each 75 square metres (or part thereof) in excess of 4215 square metres, subject to a maximum in total of £405,000.

4. The erection of glasshouses on land used for the purposes of agriculture

(1) Where the area of gross floor space to be created by the development does not exceed 465 square metres, £120.

(2) Where the area of gross floor space to be created by the development exceeds 465 square metres but is less than 1000 square metres, £3,225.

(3) Where the area of gross floor space to be created by the development is 1000 square metres or more, £3,483.

5. The erection, alteration of replacement of plant or machinery

(1) Where the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area.

(2) Where the site area is at least 1 hectare but does not exceed 5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area.

(3) Where the site area exceeds 5 hectares, £30,860 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 5 hectares, subject to a maximum in total of £405,000.

6. The enlargement, improvement or other alteration of existing dwellinghouses

(1) Where the application relates to a single dwellinghouse, £258.

(2) Where the application relates to two or more dwellinghouses, £509.

7. The carrying out of operations (including the erection of a building) within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse.£258
8. The construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.£293
9. The carrying out of any operations connected with exploratory drilling for oil or natural gas.

(1) Where the site area does not exceed 7.5 hectares, £686 for each 0.1 hectare (or part thereof) of the site area.

(2) Where the site area exceeds 7.5 hectares, £51,395 and an additional £204 for each 0.1 hectare (or part thereof) of the site area in excess of 7.5 hectares, subject to a maximum in total of £405,000.

10. The carrying out of any operations (other than operations coming within category 9) for the winning and working of oil or natural gas.

(1) Where the site area does not exceed 15 hectares, £347 for each 0.1 hectare (or part thereof) of the site area.

(2) Where the site area exceeds 15 hectares, £52,002 and an additional £204 for each 0.1 hectare (or part thereof) in excess of 15 hectares, subject to a maximum in total of £105,300.

11. The carrying out of any operations not coming within any of the above categories.

(1) In the case of operations for the winning and working of minerals—

(a) where the site area does not exceed 15 hectares, £316 for each 0.1 hectare (or part thereof) of the site;

(b) where the site area exceeds 15 hectares, £47,161 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 15 hectares, subject to a maximum in total of £105,300.

(2) In any other case, £293 for each 0.1 hectare (or part thereof) of the site area, subject to a maximum in total of £2,535.

II Uses of land
12. The change of use of a building to use as one or more separate dwellinghouses.

(1) Where the change of use is from a previous use as a single dwellinghouse to use as two or more single dwellinghouses—

(a) where the change of use is to use as fewer than 10 dwellinghouses, £578 for each additional dwellinghouse;

(b) where the change of use is to use as at least 10 but no more than 50 dwellinghouses, £624 for each additional dwellinghouse;

(c) where the change of use is to use as more than 50 dwellinghouses, £30,860 and an additional £186 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £405,000.

(2) In all other cases—

(a) where the change of use is to use as fewer than 10 dwellinghouses, £578 for each dwellinghouse;

(b) where the change of use is to use as at least 10 but no more than 50 dwellinghouses, £624 for each dwellinghouse;

(c) where the change of use is to use as more than 50 dwellinghouses, £30,860 and an additional £186 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £405,000.

13. The use of land for—

(a) the disposal of refuse or waste materials,

(b) the deposit of material remaining after minerals have been extracted from land, or

(c) the storage of minerals in the open.

(1) Where the site area does not exceed 15 hectares, £316 for each 0.1 hectare (or part thereof) of the site area.

(2) Where the site area exceeds 15 hectares, £47,161 and an additional £186 for each 0.1 hectare (or part thereof) of the site area in excess of 15 hectares, subject to a maximum in total of £105,300.

14. The making of a material change in use of a building or land (other than a material change of use in category 12 or 13(a), (b) or (c)).£578.]

Textual Amendments

Regulation 13

SCHEDULE 2E+WFees for Advertisements

Scale of Fees in Respect of Applications for Consent to Display Advertisements

Category of DevelopmentFee Payable

1. Advertisements displayed externally on business premises, the forecourt of business premises or other land within the curtilage of business premises, wholly with reference to all or any of the following matters—

(a) the nature of the business or other activity carried on on the premises;

(b) the goods sold or the services provided on the premises; or

(c) the name and qualifications of the person carrying on such business or activity or supplying such goods or services.

[F106£165].
2. Advertisements for the purpose of directing members of the public to, or otherwise drawing attention to the existence of, business premises which are in the same locality as the site on which the advertisement is to be displayed but which are not visible from that site.[F106£165].
3. All other advertisements. [F107£578].

Textual Amendments

Regulation 20

SCHEDULE 3E+WStatutory instruments revoked in so far as they apply to England

Title of instrumentReference
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989.S.I. 1989/193.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1990.S.I. 1990/2473.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1991.S.I. 1991/2735.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1992.S.I. 1992/1817.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (No. 2) Regulations 1992.S.I. 1992/3052.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1993.S.I. 1993/3170.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1997.S.I. 1997/37.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2001.S.I. 2001/2719.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2002.S.I. 2002/768.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006.S.I. 2006/994.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008.S.I. 2008/958.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010.S.I. 2010/472.

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the provisions of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (“the 1989 Regulations”) and subsequent amending instruments, in so far as they apply to England.

These Regulations provide for the payment of fees to local planning authorities in respect of applications made under Part 3 of the Town and Country Planning Act 1990 for planning permission for development or for approval of matters reserved by an outline planning permission and in respect of applications for consent for the display of advertisements; in respect of applications for planning permission deemed to have been made, by virtue of section 177 of the 1990 Act, in connection with an appeal against an enforcement notice; in connection with an application for a certificate of lawful use or development or a certificate of appropriate alternative development under section 17 of the Land Compensation Act 1961; or in connection with site visits. These Regulations also make provision for a fee to be paid to the Secretary of State in respect of applications for urgent Crown development.

The main changes are:

(a)

the increase of all existing fees by approximately 15%;

(b)

regulation 1(2) provides that these Regulations are to cease to have effect seven years after they come into force;

(c)

fees in respect of deemed applications are to be paid to the local planning authority, rather than half to the local planning authority and half to the Secretary of State (regulation 10);

(d)

fees paid in respect of an application deemed to be made in relation to the use of the land as a caravan site are to be treated the same as other applications for the purposes of refunds (regulation 10(13)). Under the 1989 Regulations, such a deemed application was excluded from the provisions providing for such a refund;

(e)

fees are to be payable to the Secretary of State in connection with applications for urgent crown development (regulation 12);

(f)

applications for adverts on multiple charging points for electric vehicles are to be treated the same as those for multiple adverts on parking meters, litter bins, benches and bus shelters (regulation 13(4));

(g)

fees are to be payable to local planning authorities in respect of an application for a certificate of appropriate alternative development (regulation 18); and

(h)

regulation 19 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after the Regulations come into force. Following the review it will fall to the Secretary of State to consider whether the Regulations should be allowed to expire as regulation 1(2) provides, be revoked early, or continue in force with or without amendment. A further instrument would be needed to continue the Regulations in force with or without amendments or to revoke them early.

Some drafting amendments have been made and there are transitional and savings provisions.

An impact assessment has been prepared in relation to these Regulations. It has been placed in the library of each House of Parliament and copies may be obtained from the Planning Directorate, Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (Telephone 030 3444 1646) or on the website: www.communities.gov.uk.

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