Search Legislation

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

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Regulations 3, 10, 11(8) and 16(1)

SCHEDULE 1E+WFees in Respect of Applications and Deemed Applications for Planning Permission or for Approval of Reserved Matters

This schedule has no associated Explanatory Memorandum

PART 1 E+WFees payable under regulation 3 or regulation 10

CHAPTER 1E+WGeneral

1.—(1) Subject to paragraphs 2 to 10, the fee payable under regulation 3 or regulation 10 shall be calculated in accordance with the table set out in Part 2 and paragraphs 11 to 14.E+W

(2) In this Part, a reference to a category is to a category of development specified in the table set out in Part 2; and a reference to a numbered category is to the category of development so numbered in the table.

(3) In this Schedule “category of development” means—

(a)in the case of an application for planning permission [F1or permission in principle], the category of development in respect of which permission is being sought; and

(b)in the case of an application for approval of reserved matters, the category of development authorised by the relevant outline planning permission.

(4) In the case of an application for planning permission which is deemed to have been made by virtue of section 177(5) of the 1990 Act M1, in this Schedule—

(a)references to the development to which an application relates shall be construed as references to the use of land or the operations (as the case may be) to which the relevant enforcement notice relates;

(b)references to the amount of floor space or the number of dwellinghouses to be created by the development shall be construed as references to the amount of floor space or the number of dwellinghouses to which that enforcement notice relates; and

(c)references to the purposes for which it is proposed that floor space be used shall be construed as references to the purposes for which floor space was stated to be used in the enforcement notice.

Textual Amendments

Marginal Citations

M1Section 177(5) was amended by section 32 of, and paragraph 24(3) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34) and section 123(6) of the Localism Act 2011 (c. 20).

CHAPTER 2E+WFees in particular cases

2.  Where an application or deemed application is made or deemed to be made by or on behalf of a parish council, the fee payable shall be one half of the amount that would otherwise be payable.E+W

3.—(1) Where an application or deemed application is made or deemed to be made by or on behalf of a club, society or other organisation (including any persons administering a trust) which is not established or conducted for profit and whose objects are the provision of facilities for sport or recreation, and the conditions specified in sub-paragraph (2) are satisfied, the fee payable shall be [F2£578].E+W

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

(a)that the application or deemed application relates to—

(i)the making of a material change in the use of land to use as a playing field; or

(ii)the carrying out of operations (other than the erection of a building containing floor space) for purposes ancillary to the use of land as a playing field,

and to no other development; and

(b)that the local planning authority with whom the application is lodged, or (in the case of a deemed application) the Secretary of State, is satisfied that the development is to be carried out on land which is, or is intended to be, occupied by the club, society or organisation and used wholly or mainly for the carrying out of its objects.

4.—(1) This paragraph applies where—E+W

(a)an application is made for approval of one or more reserved matters (“the current application”);

(b)the applicant has previously applied for such approval under the same outline planning permission and paid fees in relation to one or more such applications; and

(c)no application has been made under that permission other than by or on behalf of the applicant.

(2) Where the amount paid as mentioned in sub-paragraph (1)(b) is not less than the amount which would be payable if the applicant were, by the current application, seeking approval of all the matters reserved by the outline permission (and in relation to the whole of the development authorised by the permission), the fee payable in respect of the current application shall be [F3£578].

(3) Where—

(a)a fee has been paid as mentioned in sub-paragraph (1)(b) at a rate lower than that prevailing at the date of the current application; and

(b)sub-paragraph (2) would apply if that fee had been paid at the rate applying at that date,

the fee in respect of the current application shall be the amount specified in sub-paragraph (2).

5.  Where application is made pursuant to section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached) M2the fee payable in respect of the application shall be [F4£293].E+W

Textual Amendments

Marginal Citations

M2Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c.5).

6.  M3Where an application relates to development to which section 73A of the 1990 Act (planning permission for development already carried out) applies, the fee payable in respect of the application shall be—E+W

(a)where the application relates to development carried out without planning permission, the fee that would be payable if the application were for planning permission to carry out that development;

(b)[F5£293], in any other case.

Textual Amendments

Marginal Citations

M3Section 73A was inserted by section 32 of, and paragraph 16 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

7.—(1) Where an application of the description contained in [F6article 20(1)(b) or (c)] of the Development Management Procedure Order (consultations before the grant of a replacement planning permission subject to a new time limit) is made the following fees shall be paid to the local planning authority—E+W

(a)if the application is a householder application, [F7£85];

(b)if the application is an application for major development, [F8£932];

(c)in any other case, [F9£293].

(2) In this paragraph, “major development” has the same meaning as in article 2(1) of the Development Management Procedure Order (interpretation).

8.—(1) This paragraph applies where—E+W

(a)an applicant applies for planning permission [F10or permission in principle] or for the approval of reserved matters in respect of the development of land (“the relevant land”); and

(b)the relevant land straddles the boundary or boundaries between the areas of two or more local planning authorities so that, instead of application being made to one authority in relation to the whole of that development, applications are made to two or more local planning authorities, in accordance with [F11article 11(1)] of the Development Management Procedure Order (general provisions relating to applications) [F12or article 5D(1) of the Town and Country Planning (Permission in Principle) Order 2017, as the case may be.]

(2) A fee shall be payable only to the local planning authority, to which one of the applications referred to in paragraph (1)(b) is made, in whose area the largest part of the relevant land is situated, and the amount payable shall be—

(a)where the applications relate wholly or partly to a county matter within the meaning of paragraph 1 of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions) M4, and all the land is situated in a single county for which there is no county planning authority, the amount which would have been payable if application had fallen to be made to one authority in relation to the whole development;

(b)in any other case, one and a half times the amount which would have been payable if application had fallen to be made to a single authority or the sum of the amounts which would have been payable but for this paragraph, whichever is the lesser.

Textual Amendments

Marginal Citations

M4Paragraph 1 of Schedule 1 was amended by sections 21 and 84 of, and paragraph 13 of Schedule 1 and Part I of Schedule 19 to, the Planning and Compensation Act 1991.

9.—(1) This paragraph applies where an application for planning permission is deemed to have been made by virtue of section 177(5) of the 1990 Act (grant or modification of planning permission on appeals against enforcement notices) M5 in respect of such land as is mentioned in paragraph 8(1).E+W

(2) The fee payable to the Secretary of State shall be the amount which would be payable by virtue of paragraph 8(2) if an application for the like permission had been made to the relevant authority on the date on which notice of appeal was given in accordance with section 174(3) of the 1990 Act M6 (appeal against enforcement notice).

Marginal Citations

M5Section 177(5) was amended by paragraphs 8 and 24(3) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) and section 123(6) of the Localism Act 2011 (c. 20)..

10.—(1) Where—E+W

(a)an application for planning permission [F13or permission in principle] is made in respect of two or more alternative proposals for the development of the same land; or

(b)an application for approval of reserved matters is made in respect of two or more alternative proposals for the carrying out of the development authorised by an outline planning permission,

and the application is made in respect of all of the alternative proposals on the same date and by or on behalf of the same applicant, the fee payable in respect of the application shall be calculated in accordance with sub-paragraph (2).

(2) Calculations shall be made in accordance with this Schedule of the fee that would be payable in respect of an application for planning permission [F14, permission in principle], or approval of reserved matters (as the case may be), if made in respect of each of the alternative proposals, and the fee payable in respect of the application shall be the sum of—

(a)an amount equal to the highest of the amounts calculated in respect of each of the alternative proposals; and

(b)an amount calculated by adding together the amounts appropriate to all of the alternative proposals, other than the amount referred to in sub-paragraph (a), and dividing that total by the figure of 2.

CHAPTER 3E+WProvisions in relation to specified categories

11.—(1) [F15Subject to sub-paragraph (1A), where], in respect of any category, the fee is to be calculated by reference to the site area, that area shall be taken as consisting of—

(a)the area of land to which the application relates; or

(b)in the case of an application for planning permission which is deemed to have been made by virtue of section 177(5) of the 1990 Act M7, the area of land to which the relevant enforcement notice relates.

[F16(1A) In the case of operations for the winning and working of oil or natural gas (including exploratory drilling), in determining the site area for the purposes of sub-paragraph (1) no account is to be taken of any area of land under which underground operations are to be carried out if no other operations for the winning and working of oil or natural gas (including exploratory drilling) are to be carried out on that land.]

(2) Where the area referred to in sub-paragraph (1) is not an exact multiple of the unit of measurement specified in respect of the relevant category of development, the fraction of a unit remaining after division of the total area by the unit of measurement shall be treated as a complete unit.

12.—(1) In relation to development within category 2, 3 or 4, the area of gross floor space to be created by the development shall be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or partly) by external walls of a building.E+W

F17(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13.—(1) Where an application (other than an outline application) or a deemed application relates to development which is in part within category 1 and in part within category 2, 3 or 4, the following sub-paragraphs shall apply for the purpose of calculating the fee payable in respect of the application or deemed application.E+W

(2) An assessment shall be made of the total amount of gross floor space which is to be created by that part of the development which is within category 2, 3 or 4 (“the non-residential floor space”), and the sum payable in respect of the non-residential floor space to be created by the development shall be added to the sum payable in respect of that part of the development which is within category 1 and, subject to sub-paragraph (4), the sum so calculated shall be the fee payable in respect of the application or deemed application.

(3) For the purpose of calculating the fee payable under sub-paragraph (2)—

(a)where any of the buildings is to contain floor space which it is proposed to use for the purposes of providing common access or common services or facilities for persons occupying or using part of that building for residential purposes and for persons occupying or using part of it for non-residential purposes (“common floor space”), the amount of non-residential floor space shall be assessed, in relation to that building, as including such proportion of the common floor space as the amount of non-residential floor space in the building bears to the total amount of gross floor space in the building to be created by the development;

(b)where the development falls within more than one of categories 2, 3 and 4 an amount shall be calculated in accordance with each such category and the highest amount so calculated shall be taken as the sum payable in respect of all of the non-residential floor space.

(4) Where an application or deemed application to which this paragraph applies relates to development which is also within one or more than one of categories 5 to 13—

(a)an amount shall be calculated in accordance with each such category; and

(b)if any of the amounts so calculated exceeds the amount calculated in accordance with sub-paragraph (2) that higher amount shall be the fee payable in respect of all of the development to which the application or deemed application relates.

(5) In sub-paragraph (3), the reference to using the building for residential purposes is a reference to using it as a dwellinghouse.

14.—(1) Subject to paragraph 13 and sub-paragraph (2), where an application or deemed application relates to development which is within more than one of the categories—E+W

(a)an amount shall be calculated in accordance with each such category; and

(b)the highest amount so calculated shall be the fee payable in respect of the application or deemed application.

(2) Where an application is for outline planning permission and relates to development which is within more than one of the categories, the fee payable in respect of the application shall be—

[F19(a)where the site area is less than 0.5 hectares, £578 for each 0.1 hectare (or part thereof) of the site area;

(b)where the site area is at least 0.5 hectares but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area;

(c)where the site area exceeds 2.5 hectares, £15, 433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500.]

PART 2E+WScale of Fees

Scale of Fees in Respect of Applications Made or Deemed to be Made

[F20Category of DevelopmentFee Payable
I Operations
1. The erection of dwellinghouses (other than development in category 6)

(1) Where the application is for outline planning permission and—

(a) the site area is less than 0.5 hectares, £578 for each 0.1 hectare (or part thereof) of the site area;

(b) the site area is at least 0.5 hectares but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area;

(c) the site area exceeds 2.5 hectares, £15,433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500.

(2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area.

(3) In any other case—

(a) where the number of dwellinghouses to be created by the development is fewer than 10, £578 for each dwellinghouse;

(b) where the number of dwellinghouses to be created by the development is at least 10 but no more than 50, £624 for each dwellinghouse;

(c) where the number of dwellinghouses to be created by the development is more than 50, £30,860 and an additional £186 for each dwellinghouse in excess of 50, subject to a maximum in total of £405,000.

2. The erection of buildings (other than buildings in categories 1, 3, 4, 5 or 7)

(1) Where the application is for outline planning permission and—

(a) the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area;

(b) the site area is at least 1 hectare but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area;

(c) the site area exceeds 2.5 hectares, £15,433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500.

(2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area.

(3) In any other case—

(a) where no floor space is to be created by the development, £293;

(b) where the area of gross floor space to be created by the development does not exceed 40 square metres, £293;

(c) where the area of gross floor space created by the development exceeds 40 square metres but is less than 1000 square metres, £578 for each 75 square metres (or part thereof);

(d) where the area of gross floor space created by the development is at least 1000 square metres but does not exceed 3750 square metres, £624 for each 75 square metres (or part thereof);

(e) where the area of gross floor space created by the development exceeds 3750 square metres, £30,680 and an additional £186 for each 75 square metres (or part thereof) in excess of 3750 square metres, subject to a maximum in total of £405,000.

3. The erection, on land used for the purposes of agriculture, or buildings used for agricultural purposes (other than buildings in category 4)

(1) Where the application is for outline planning permission and—

(a) the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area;

(b) the site area is at least 1 hectare but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area;

(c) the site area exceeds 2.5 hectares, £15,433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500.

(2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area.

(3) In any other case—

(a) where the area of gross floor space to be created by the development does not exceed 465 square metres, £120;

(b) where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £578;

(c) where the area of gross floor space to be created by the development exceeds 540 square metres but is less than 1000 square metres, £578 and an additional £578 for each 75 square metres (or part thereof) in excess of 540 square metres;

(d) where the area of gross floor space to be created by the development is at least 1000 square metres but does not exceed 4215 square metres, £624 and an additional £624 for each 75 square metres (or part thereof) in excess of 1000 square metres;

(e) where the area of gross floor space to be created by the development exceeds 4215 square metres, £30,860 and an additional £186 for each 75 square metres (or part thereof) in excess of 4215 square metres, subject to a maximum in total of £405,000.

4. The erection of glasshouses on land used for the purposes of agriculture

(1) Where the area of gross floor space to be created by the development does not exceed 465 square metres, £120.

(2) Where the area of gross floor space to be created by the development exceeds 465 square metres but is less than 1000 square metres, £3,225.

(3) Where the area of gross floor space to be created by the development is 1000 square metres or more, £3,483.

5. The erection, alteration of replacement of plant or machinery

(1) Where the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area.

(2) Where the site area is at least 1 hectare but does not exceed 5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area.

(3) Where the site area exceeds 5 hectares, £30,860 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 5 hectares, subject to a maximum in total of £405,000.

6. The enlargement, improvement or other alteration of existing dwellinghouses

(1) Where the application relates to a single dwellinghouse, £258.

(2) Where the application relates to two or more dwellinghouses, £509.

7. The carrying out of operations (including the erection of a building) within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse.£258
8. The construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.£293
9. The carrying out of any operations connected with exploratory drilling for oil or natural gas.

(1) Where the site area does not exceed 7.5 hectares, £686 for each 0.1 hectare (or part thereof) of the site area.

(2) Where the site area exceeds 7.5 hectares, £51,395 and an additional £204 for each 0.1 hectare (or part thereof) of the site area in excess of 7.5 hectares, subject to a maximum in total of £405,000.

10. The carrying out of any operations (other than operations coming within category 9) for the winning and working of oil or natural gas.

(1) Where the site area does not exceed 15 hectares, £347 for each 0.1 hectare (or part thereof) of the site area.

(2) Where the site area exceeds 15 hectares, £52,002 and an additional £204 for each 0.1 hectare (or part thereof) in excess of 15 hectares, subject to a maximum in total of £105,300.

11. The carrying out of any operations not coming within any of the above categories.

(1) In the case of operations for the winning and working of minerals—

(a) where the site area does not exceed 15 hectares, £316 for each 0.1 hectare (or part thereof) of the site;

(b) where the site area exceeds 15 hectares, £47,161 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 15 hectares, subject to a maximum in total of £105,300.

(2) In any other case, £293 for each 0.1 hectare (or part thereof) of the site area, subject to a maximum in total of £2,535.

II Uses of land
12. The change of use of a building to use as one or more separate dwellinghouses.

(1) Where the change of use is from a previous use as a single dwellinghouse to use as two or more single dwellinghouses—

(a) where the change of use is to use as fewer than 10 dwellinghouses, £578 for each additional dwellinghouse;

(b) where the change of use is to use as at least 10 but no more than 50 dwellinghouses, £624 for each additional dwellinghouse;

(c) where the change of use is to use as more than 50 dwellinghouses, £30,860 and an additional £186 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £405,000.

(2) In all other cases—

(a) where the change of use is to use as fewer than 10 dwellinghouses, £578 for each dwellinghouse;

(b) where the change of use is to use as at least 10 but no more than 50 dwellinghouses, £624 for each dwellinghouse;

(c) where the change of use is to use as more than 50 dwellinghouses, £30,860 and an additional £186 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £405,000.

13. The use of land for—

(a) the disposal of refuse or waste materials,

(b) the deposit of material remaining after minerals have been extracted from land, or

(c) the storage of minerals in the open.

(1) Where the site area does not exceed 15 hectares, £316 for each 0.1 hectare (or part thereof) of the site area.

(2) Where the site area exceeds 15 hectares, £47,161 and an additional £186 for each 0.1 hectare (or part thereof) of the site area in excess of 15 hectares, subject to a maximum in total of £105,300.

14. The making of a material change in use of a building or land (other than a material change of use in category 12 or 13(a), (b) or (c)).£578.]

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources