Local Government, Planning and Land Act 1980 (c. 65)

Part IX E+W+S Town and Country Planning

Planning fees E+W+S

[F1 87 Fees for planning applications etc. E+W

(1) The Secretary of State may by regulations make such provision as he thinks fit for the payment of a fee of the prescribed amount to F2 . . . a planning authority in Scotland in respect of an application made to them under the planning enactments for any permission, consent, approval, determination or certificate.

(2) Regulations under subsection (1) above may provide for the transfer—

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may by regulations make such provision as he thinks fit for the payments

[F4 (a) of fees of prescribed amounts to him and to the planning authority in respect of any application for planning permission deemed to be made under subsection (7) of section 85 (appeals against enforcement notice) of the M1 Town and Country Planning (Scotland) Act 1972; and

(b) of a fee of the prescribed amount to him in respect of any other]] application for planning permission which is deemed to be made to him under the planning enactments

(4) Regulations under subsection (1) or (3) above may provide for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances.

(5) Regulations under subsection (1) or (3) of this section shall be made by statutory instrument.

(6) No such regulations shall be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

(7) Any sum paid to the Secretary of State under this section shall be paid into the Consolidated Fund.

(8) In this section “the planning enactments” means—

(a)

F5 (b) in Scotland, the M2 Town and Country Planning (Scotland) Act 1972 and orders and regulations made under it,

and “prescribed” means prescribed by regulations under subsection (1) or (3) of this section.

[F6 (9) Without prejudice to the generality of subsection (1) above, the reference in that subsection to an application for any consent includes, in relation to a planning authority in Scotland, an application under section 56K(2) of the Town and Country Planning (Scotland) Act 1972 for the continuation of hazardous substances consent.]

Textual Amendments

F1 S. 87 repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II

F2 Words repealed (S.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III

F3 S. 87(2)(b) and word immediately preceding it repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F4 S. 87(3)(a)(b) substituted (13.10.1991) for words in s. 87(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 45 (with s. 84(5)); S.I. 1991/2272, art. 2(b)

F5 S. 87(2)(a), (8)(a) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III

F6 S. 87(9) inserted (1.5.1993) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. II para. 13; S.I. 1993/274, art. 3

Marginal Citations

M1 1972 c. 52.

M2 1972 c. 52 (123:1, 2).

F7 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 S. 88 repealed by Housing and Planning Act 1986 (c. 63, SIF 123:1), s. 49, Sch. 12 Pt. III

F8 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 Ss. 86(1)(2)(4), 89, 91(1) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F9 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 90 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I