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The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 No. 2920

Exemptions – second application relating to development on same site etc.

This section has no associated Explanatory Memorandum

8.—(1) Where all the conditions set out in paragraph (2) are satisfied, regulation 3 shall not apply to—

(a)an application for planning permission which is made following the granting of planning permission for development which the local planning authority are satisfied is development of the same character or description as the development to which the application relates, on an application for planning permission made by or on behalf of the same applicant; or

(b)an application for approval of one or more reserved matters which is made following the granting of approval of details relating to the same reserved matters authorised by the same outline planning permission, on an application made by or on behalf of the same applicant.

(2) The conditions referred to in paragraph (1) are—

(a)that the application is made within 12 months of the date of the grant of planning permission or grant of approval of details of reserved matters, as the case may be;

(b)that the application relates—

(i)in the case of an application for planning permission, to the same site as that to which the grant of planning permission related, or to part of that site, and to no other land except land included solely for the purpose of providing a different means of access to the site; or

(ii)in the case of an application for approval of reserved matters, to the same site as that in respect of which the approval was granted, or to part of that site (and no other land);

(c)in the case of an application for planning permission which is not made in outline, that the planning permission which has been granted is not an outline planning permission; and

(d)that no application made by or on behalf of the same applicant in relation to the whole or any part of the site has already been exempted from regulation 3 by this regulation.

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