Part 13Financial provisions
I1223Fees and charges
1
The Department may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—
a
the performance by a council or the Department of any function the council or the Department has under this Act;
b
anything done by a council or the Department which is calculated to facilitate or is conducive or incidental to the performance of any such function.
2
Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for the payment of a charge or fee in respect of a function mentioned in subsection (3)(a) to be a multiple of the charge or fee payable in respect of a function mentioned in subsection (3)(b).
3
The functions are—
a
functions relating to the determination of an application for planning permission for development begun before the application was made;
b
functions relating to the determination of an application for planning permission other than an application referred to in paragraph (a).
4
Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for the payment of a charge or fee in respect of a function mentioned in subsection (5)(a) to be a multiple of the charge or fee payable in respect of a function mentioned in subsection (5)(b).
5
The functions are—
a
functions relating to the determination of an application for an approval under a development order for development begun before the application was made;
b
functions relating to the determination of an application for an approval under a development order other than an application referred to in paragraph (a).
6
Section 63(2) shall apply in determining for the purposes of this section when development shall be taken to be begun.
7
The Office of the First Minister and deputy First Minister may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—
a
an application for planning permission which is deemed to be made to the planning appeals commission under this Act;
b
an appeal to the planning appeals commission under this Act.
8
Without prejudice to the generality of subsection (7), regulations made under that subsection may provide for the payment of a charge or fee in respect of an application mentioned in paragraph (a) of that subsection to be a multiple of the charge or fee to be paid under regulations made under subsection (1) in relation to the determination by a council or the Department of an application for planning permission for development not begun before the application was made.
9
Regulations under this section may prescribe—
a
the person by whom any charge or fee is payable;
b
provision as to the calculation of any charge or fee (including provision as to who is to make the calculation);
c
circumstances in which no charge or fee is to be paid;
d
circumstances in which any charge or fee paid is to be remitted or refunded (in whole or in part);
e
circumstances in which a charge or fee is to be transferred from one council to another.