The Town and Country Planning (Costs of Independent Examinations) (Standard Daily Amount) (England) Regulations 2006

Statutory Instruments

2006 No. 3227

town and country planning, england

tribunals and inquiries, england

The Town and Country Planning (Costs of Independent Examinations) (Standard Daily Amount) (England) Regulations 2006

Made

5th December 2006

Laid before Parliament

11th December 2006

Coming into force

3rd January 2007

The Secretary of State, in exercise of the powers conferred by section 303A(5) of the Town and Country Planning Act 1990(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Costs of Independent Examinations) (Standard Daily Amount) (England) Regulations 2006 and shall come into force on 3rd January 2007.

Application

2.—(1) These Regulations apply in relation to England only.

(2) These Regulations apply in relation to any person appointed by the Secretary of State to hold an independent examination(2) opening on or after the date on which these Regulations come into force.

Standard Daily amount

3.  The standard daily amount prescribed under section 303A(5) of the Town and Country Planning Act 1990 is—

(a) in relation to examinations opening on or after 3rd January 2007 and before 31st March 2007, £779;

(b) in relation to examinations opening on or after 31st March 2007 and before 31st March 2008, £879; and

(c) in relation to examinations opening on or after 31st March 2008, £993.

Signed by authority of the Secretary of State

Yvette Cooper

Minister of State

Department for Communities and Local Government

5th December 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in England only, apply where the Secretary of State is authorised to recover costs borne by her in connection with an independent examination under section 20 of the Planning and Compulsory Purchase Act 2004.

The Regulations specify a standard daily amount which may be charged for each day the person appointed to hold an independent examination is engaged in the holding of, or is otherwise engaged on work connected with it. The amount is £779 per day in relation to independent examinations opening on or after 3rd January 2007 and before 31st March 2007. The amount is £879 per day in relation to independent examinations opening on or after 31st March 2007 and before 31st March 2008. The amount is £993 per day in relation to independent examinations opening on or after 31st March 2008.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.

(1)

1990 c.8. Section 303A of the Town and Country Planning Act 1990 (“the 1990 Act”) was inserted by section 1 of the Town and Country Planning (Costs of Inquiries etc.) Act 1995 (c.49). Section 303A of the 1990 Act was partially amended (including substitutions) and repealed, with savings, by the Planning and Compulsory Purchase Act 2004 (c.5), (“the 2004 Act”), Schedule 6 and Schedule 9. See section 336(1) of the 1990 Act for the definition of “prescribed”. The functions of the Secretary of State under the 1990 Act were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see the entry in Schedule 1 for the 1990 Act.

(2)

See section 20 of the 2004 Act.