The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply where the Welsh Ministers are authorised to recover from local authorities costs borne by the Welsh Ministers in connection with:

(a) inquiries held under section 250 of the Local Government Act 1972 (including compulsory purchase order inquiries to which relevant provisions of that section are applied by section 5 of the Acquisition of Land Act 1981) and section 69 of the Land Drainage Act 1991 (“local inquiries”);

(b) qualifying inquiries as defined by section 303A(1) of the Town and Country Planning Act 1990 (inquiries held in relation to Unitary Development Plans and consideration of objections to simplified planning zone schemes) (“qualifying inquiries”); and

(c) qualifying procedures as defined by section 303A (1A) of the Town and Country Planning Act 1990 (independent examinations held in relation to Local Development Plans and inquiries in relation to consideration of objections to simplified planning zone schemes) (“qualifying procedures”).

These Regulations prescribe the standard daily amounts which may be recovered by the Welsh Ministers for each day on which—

(a) a local inquiry sits or the person appointed to hold the local inquiry is otherwise engaged on work connected with it; or

(b) the person appointed to undertake a qualifying inquiry or, as the case may be, a qualifying procedure is engaged on work connected with the qualifying inquiry or qualifying procedure.

The standard daily amount in relation to local inquiries opening on or after 1 April 2012 is £742. This replaces the amount of £722, which was prescribed by the Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2007 (S.I. 2007/728) (W.64) (“the 2007 Regulations”) for inquiries opening on or after 1 April 2007.

The standard daily amount in relation to qualifying inquiries opening on or after 1 April 2012 is £679. This is the same as the amount previously prescribed by the 2007 Regulations for qualifying inquiries opening on or after 1 April 2007.

The standard daily amount in relation to qualifying procedures opening on or after 1 April 2012 is £679. This replaces the amount of £640 which was prescribed by the 2007 Regulations for qualifying procedures opening on or after 1 April 2007.

These Regulations revoke the 2007 Regulations, but make savings in respect of local inquiries and qualifying inquiries which opened before 1 April 2012 and which remain open, and in respect of qualifying procedures which started before 1 April 2012 and which remain ongoing.