The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2002

Welsh Statutory Instruments

2002 No. 1876 (W.185)

TOWN AND COUNTRY PLANNING, WALES

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2002

Made

18th July 2002

Coming into force

1st August 2002

The National Assembly for Wales, in exercise of the powers conferred on the Secretary of State by section 303 of the Town and Country Planning Act 1990(1) and now exercisable by it(2), hereby makes the following Regulations:

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2002 and come into force on 1st August 2002.

(2) In these Regulations, “the 1989 Regulations” (“Rheoliadau 1989”) means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989(3);

(3) These Regulations apply to Wales.

Fees for certain applications under the General Permitted Development Order

2.—(1) In regulation 11A of the 1989 Regulations(4) for paragraph (1) substitute—

“(1) Where 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 a fee shall be paid to the authority of the following amounts—

(a) for an application under Parts 6, 7 or 31, £35; and

(b) for an application under Part 24, £190”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

John Marek

Deputy Presiding Officer of the National Assembly.

18th July 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase the fee payable for an application to a local planning authority for a determination as to whether prior approval will be required for proposed telecommunications development under Part 24 of Schedule 2 to the General Permitted Development Order 1995.

The fee is increased from £35 to £190 in order to reflect the increased notification and consultation requirements imposed on local planning authorities in relation to such developments by the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2002, S.I. 2002/1878 (W.187).

(1)

1990 c. 8: section 303 was amended by paragraph 10 of Schedule 13 to the Environmental Protection Act 1990 (c. 43), and section 6(6) of the Planning and Compensation Act 1991 (c. 34). See section 336(1) of the Town and Country Planning Act 1990 for the definition of “prescribed”.

(2)

The functions of the Secretary of State under section 303 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672.

(3)

S.I. 1989/193; relevant amending instruments are S.Is. 1991/2735, 1992/1817, 1992/3052, 1993/3170 and 1997/37.

(4)

Regulation 11A was inserted by paragraph 3 of Schedule 3 to S.I. 1991/2735 and substituted by regulation 4 of S.I. 1992/3052.

(5)

1998 c. 38.