The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017

Amendments consequential on the Town and Country Planning (Development Management Procedure) Order 2015

6.—(1) The 2012 Regulations are amended as follows.

(2) In paragraph (1) of regulation 2 in the definition of “the Development Management Procedure Order” for “2010” substitute “2015”(1).

(3) In regulation 9—

(a) for paragraph (2)(a)(ii) substitute—

“(ii) in the case of an application which is made following an appeal under section 78(2) of the 1990 Act, the date when (by virtue of article 27 (applications made under a planning condition) or 34 (time periods for decisions) of the Development Management Procedure Order or article 5S of the Town and Country Planning (Permission in Principle) Order 2017, as the case may be) the period for the giving of notice of a decision on the earlier valid application expired; or”(2); and

(b) for paragraph (3) substitute—

“(3) In this regulation “valid application” has 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.”

(4) In regulation 9A in paragraph (3), for the definition of “valid application” substitute—

““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.”(3).

(5) In regulation 11 in paragraph (5)(a)(ii) for “article 35” substitute “article 39”.

(6) In paragraph (8) of regulation 11A for the words from “article 29(3)” to the end substitute “article 8(4) of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013.”

(7) In Part 1 of Schedule 1—

(a) in paragraph 7(1) for “article 18(1)(b) or (c)” substitute “article 20(1)(b) or (c)”; and

(b) in paragraph 8(1)(b) for “article 10(1)” substitute “article 11(1)”.

(1)

S.I. 2015/595, amended by S.I. 2017/571.

(2)

S.I. 2017/402 article 5S was inserted by the Town and Country Planning (Permission in Principle) (Amendment) Order 2017 S.I. 1309

(3)

S.I. 2013/2140 to which there are amendments not relevant to these Regulations.