The Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the fees to be charged for planning appeals and deemed planning applications from 01 April 2015.

These Regulations replace Regulations 11 to 13 of and certain provisions of Schedule 1 to the Planning (Fees) Regulations (Northern Ireland) 2005 by making provision for the payment of fees in respect of deemed applications, that is to say applications for planning permission which are deemed to have been made by virtue of provisions of Section 145(5) of the Planning Act (Northern Ireland) 2011 in connection with an appeal against an enforcement notice. In particular—

(a) Regulation 3 provides for the amount of the fee and for it to be payable by every person who brings an appeal against the enforcement notice;

(b) Regulations 4 to 6 set out the circumstances in which the fee is not payable;

(c) Regulation 7 provides for the amount of the fee for a deemed application for EIA development;

(d) Regulation 8 sets out the circumstances in which the fee is to be refunded;

(e) Regulation 9 provides for the amount of the fee for an appeal to the Appeals Commission and circumstances in which the fee is not payable; and

(f) The Schedule provides for the calculation of the fees for deemed applications.

Regulation 10 also revokes and replaces Regulation 17 of the Planning (Fees) Regulations (Northern Ireland) 1995. They provide for the fee for an appeal to the Planning Appeals Commission and set out the circumstances when the fee is not payable.