2017 No. 476 (W. 99)
Tribunals And Inquiries, Wales
Town And Country Planning, Wales

The Local Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2017

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers in exercise of the powers conferred by section 42(4) of the Housing and Planning Act 19861 on any Minister authorised, under or by virtue of statutory provisions mentioned in section 42(1)2 of that Act or to which that section is applied3, to recover costs incurred by the Minister in relation to an inquiry, which powers are now exercisable by them4; and conferred upon the National Assembly for Wales as the appropriate authority by section 303A(5) of the Town and Country Planning Act 19905 which powers are now exercisable by them6, make the following Regulations:

Title, commencement, application and interpretation1.

(1)

The title of these Regulations is the Local Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2017 and they come into force on 5 May 2017.

(2)

These Regulations apply in relation to Wales.

(3)

These Regulations apply in relation to—

(a)

a local inquiry; and

(b)

any person appointed by the Welsh Ministers to hold a qualifying procedure.

(4)

In these Regulations—

“local inquiry” (“ymchwiliad lleol”) means an inquiry in relation to which the Welsh Ministers are entitled to recover their costs under or by virtue of section 250(4) of the Local Government Act 1972 (general provision as to costs of inquiries)7 or section 69(5) of the Land Drainage Act 1991 (costs of an inquiry under that Act); and
“qualifying procedure” (“gweithdrefn gymwys”) means a qualifying procedure within the meaning of that term in section 303A(1A) of the Town and Country Planning Act 19908.

Standard daily amount for local inquiries and qualifying procedures2.

The standard daily amount prescribed pursuant to section 42(4) of the Housing and Planning Act 1986 for a local inquiry and section 303A(5) of the Town and Country Planning Act 1990 for a qualifying procedure—

(a)

opening on or after the date on which these Regulations come into force and before 1 April 2018 is £508;

(b)

opening on or after 1 April 2018 and before 1 April 2019 is £513; and

(c)

opening on or after 1 April 2019 is £518.

Revocation and saving provisions3.

(1)

Subject to paragraph (2), the Regulations specified in the table in the Schedule are revoked in so far as they apply in relation to Wales.

(2)

The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 20119 continue to have effect in relation to a local inquiry or qualifying procedure to which those Regulations applied and which opened before, and remains ongoing after the date on which these Regulations come into force.
Lesley Griffiths
Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

SCHEDULEStatutory Instruments revoked so far as they apply in relation to Wales

Regulation 3

Regulations revoked

Reference

The Fees for Inquiries (Standard Daily Amount) Regulations 1994

1994/642

The Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) Regulations 1996

1996/24

The Fees for Inquiries (Standard Daily Amount) Regulations 1998

S.I. 1998/2864

The Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) Regulations 1999

1999/327

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

2011/2415 (W. 261)

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations apply where the Welsh Ministers are authorised to recover costs borne by them in connection with—

(a)

inquiries in relation to which the Welsh Ministers are entitled to recover their costs under or by virtue of section 250(4) of the Local Government Act 1972 (including compulsory purchase order inquiries to which that section is applied by section 5 of the Acquisition of Land Act 1981) or section 69(5) of the Land Drainage Act 1991 (“local inquiries”); and

(b)

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 amount which may be recovered by the Welsh Ministers for each day, or part of a day, on which—

(a)

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

(b)

the person appointed to hold a qualifying procedure is engaged in the holding of, or otherwise engaged on work connected with, the qualifying procedure.

The standard daily amount is £508 for local inquiries and qualifying procedures opening on or after the date on which these Regulations come into force and before 1 April 2018. The amount is £513 for local inquiries and qualifying procedures opening on or after 1 April 2018 and before 1 April 2019 and £518 for local inquiries and qualifying procedures opening on or after 1 April 2019. These replace the amounts of £742 in relation local inquiries and of £679 in relation to qualifying procedures which were prescribed in the Local Inquiries, Qualifying Inquiries and Qualifying Proceedings (Standard Daily Amount) (Wales) Regulations 2011 (“the 2011 Regulations”). Further details regarding how these standard daily amounts have been calculated and how costs are to be recovered by the Welsh Ministers are provided in the Explanatory Memorandum.

These Regulations revoke the instruments set out in the Schedule including the 2011 Regulations.

There are transitional and saving provisions.

The Explanatory Memorandum and Regulatory Impact Assessment applicable to these Regulations are obtainable from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.