The Planning (Fees) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace with amendments, Regulation 20 of the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993, the Planning (Fees) Regulations (Northern Ireland) 1995 except for regulation 17 (Fees for Appeals), the Planning (Fees) (Amendment) Regulations (Northern Ireland) 1996, the Planning (Fees) (Amendment) Regulations (Northern Ireland) 1997, the Planning (Fees) (Amendment) Regulations (Northern Ireland) 1998, the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2001, the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2003, the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003, and the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2004.

The principal changes are –

(a) Regulation 9 consolidates regulation 2(2) of the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003. It reduces the required fee on submission of an application for listed building consent following a determination under Article 48 (applications to determine whether planning permission is required) of the Planning (Northern Ireland) Order 1991, “the 1991 Order”.

(b) Regulation 15 provides for harmonisation of the fees which apply in designated areas for Listed Building Consent and Conservation Area Consent.

(c) Regulation 16 provides for the payment of a fee in relation to an application for Hazardous Substances Consent.

(d) Regulation 17 consolidates regulation 2(4) of the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003. It provides the fee for applications for determinations under Article 48 of the 1991 Order and further provides for an exemption if conditions are satisfied.

(e) Regulation 18 consolidates regulation 2(5) of the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003. It provides the fees for applications for certificates of lawful use or development.

(f) Concessionary fees have been removed in relation to the resubmission of an application following refusal or appeal against non-determination, for consolidating minerals permissions and for alternative proposals submitted at the same time.

(g) The new Regulations provide for a simplified fees structure. Certain categories of fees are being replaced by a single fee, for example, categories 4 and 5. There are also instances where the previous flat rate fee is being replaced by a sliding scale fee calculated on site area, floor space or number of properties, for example, categories 6 and 11. The general effect of the changes will be to increase fee income by around 12% overall.

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from the Department of the Environment, Planning Service Headquarters, Millennium House, 17-25 Great Victoria Street, Belfast BT2 7BN (Tel: [phone] or 028 9041 6920) or accessed at http://www.planningni.gov.uk/