- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010 No. 472
2.—(1) The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989(1) are amended as follows.
(2) In regulation 1(2) (application), after sub-paragraph (f) insert—
“(g)to applications to which article 4F of the Town and Country Planning (General Development Procedure) Order 1995(2) (applications for non-material changes to planning permission) applies, made on or after the coming into force of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2009;
(h)to applications of the description contained in article 10B(1)(b) of the Town and Country Planning (General Development Procedure) Order 1995 (consultations before grant of a planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit), made on or after the coming into force of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2009.”.
(3) In regulation 1(3), after sub-paragraph (d) insert—
“(e)in the case of applications referred to in paragraph (2)(g) and (h) above, on the date on which the application is made.”.
(4) After regulation 11D (fees for confirmation of compliance with conditions attached to planning permission: England) insert—
11E.—(1) Where an application is made to which article 4F of the Town and Country Planning (General Development Procedure) Order 1995 applies (applications for non-material changes to planning permission) the following fees shall be paid to the local authority—
(a)if the application is a householder application, £25;
(b)in any other case, £170.
(2) In paragraph (1) “householder application” has the same meaning as in article 1(2) of the Town and Country Planning (General Permitted Development) Order 1995(3).”.
(5) In Schedule 1 after paragraph 7A(4) insert—
7B.—(1) Where an application of the description contained in article 10B(1)(b) of the Town and Country Planning (General Development Procedure) Order 1995 is made (consultations before grant of a replacement planning permission subject to a new time limit) the following fees shall be paid to the local planning authority—
(a)if the application is a householder application, £50;
(b)if the application is an application for major development, £500;
(c)in any other case, £170.
(2) In this paragraph “householder application” and “major development” have the same meaning as in article 1(2) of the Town and Country Planning (General Development Procedure) Order 1995(5).”.
(6) In paragraph 9(b) of Part 2 (scale of fees in respect of applications made or deemed to be made on or after 6th April 2008) of Schedule 1, for “£250,000” substitute “£1,690”.
S.I. 1989/193; paragraph (2) sub-paragraph (aa) inserted, in relation to England, by SI 2008/958, sub-paragraph (bb) inserted by SI1991/2735, sub-paragraph (f) inserted in relation to England by SI 2006/994. Paragraph (3) inserted by SI 1997/37, sub-paragraph (d) inserted in relation to England by SI 2006/994.
S.I. 1995/419; article 4F and 10B were inserted by S.I. 2009/2261.
The definition of “householder application” was inserted by S.I. 2009/453.
The definition of “major development” was inserted by S.I.2006/1062.
Paragraph 7A was inserted by S.I. 1992/1817.
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