EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations consolidate, with changes, the provisions of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (“the 1989 Regulations”) in so far as they apply in Wales and the Town and Country Planning (Fees for Non-Material Changes) (Wales) Regulations 2014 (“the 2014 Regulations”).
These Regulations provide for the payment of fees to local planning authorities in respect of:
(1) applications made under the Town and Country Planning Act 1990 (“the 1990 Act”) for planning permission for development or for approval of matters reserved by an outline planning permission;
(2) deemed applications for planning permission under section 177(5) of the 1990 Act;
(3) applications for a certificate of lawful use or development;
(4) applications for consent for the display of advertisements;
(5) certain applications under the Town and Country Planning (General Permitted Development Order) 1995;
(6) applications for non-material changes to planning permission; and
(7) site visits to mining and landfill sites.
The main changes are:
(a) an increase in fees by approximately 15%;
(b) fees paid in respect of applications for planning permission or for approval of reserved matters are refunded if the local planning authority fail to determine the application within specified times (regulation 9);
(c) fees in respect of deemed applications are paid to the local planning authority rather than half to the local planning authority and half to the Welsh Ministers (regulation 10);
(d) fees paid in respect of a deemed application in relation to the use of the land as a caravan site are to be treated the same as other applications for the purposes of refunds (regulation 10(12)). Under the 1989 Regulations, such a deemed application was excluded from the provisions for refunds;
(e) fees are payable in respect of applications for consent, agreement or approval required by any planning condition or limitation, and any such fee is refunded if the local planning authority fail to determine the application within specified times (regulation 15);
(f) a fee is payable to the local planning authority on a revised application for approval of reserved matters where those reserved matters have previously been approved. Under the 1989 Regulations such an application was exempt from payment of a fee where conditions were met;
(g) where applications are made for planning permission, for approval of reserved matters or for certificates of lawful use or development which relate to land in the area of two or more local planning authorities, a fee is payable to each local planning authority (paragraph 8 of Schedule 1). Under the 1989 Regulations the fee was payable to the local planning authority in whose area the largest part of the land was situated.
Some minor and consequential drafting changes have also been made.
The 1989 and 2014 Regulations are revoked and there are transitional and savings provisions.
The Regulatory Impact Assessment applicable to these Regulations is obtainable from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.wales.gov.uk .