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The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

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Regulation 18

SCHEDULE 2E+W+SFees

This schedule has no associated Explanatory Memorandum

InterpretationE+W+S

1.—(1) In this Schedule “application” has the same meaning as in regulation 9 .

(2) Any reference in this Schedule to a paragraph is a reference to a paragraph of this Schedule.

(3) In this Schedule any reference to the receipt by the [F1Secretary of State] of a payment by way of a fee is a reference to the [F1Secretary of State] having received cleared funds in respect of the full amount of the fee.

(4) In these Regulations any reference to a failure to pay a fee is a reference to the [F1Secretary of State] not having received cleared funds in respect of the full amount of the fee or having received payment of the full amount by cheque which has subsequently been dishonoured.

Textual Amendments

Fee to accompany an applicationE+W+S

2.—(1) At the same time that an application for an order under paragraph 3(1) of Schedule 6 to the Act is made to the [F1Secretary of State] the fee specified in sub-paragraph (3) must be paid to the [F1Secretary of State].

(2) If the applicant fails to pay the fee, the [F1Secretary of State] need not consider the application until payment is received by the [F1Secretary of State].

(3) The fee payable on making an application is [F2£6,750].

Textual Amendments

Pre-examination feeE+W+S

3.—(1) [F3The [F1Secretary of State]] [F3In cases where the Secretary of State decides that it is necessary to appoint an Examining body, the Secretary of State] must charge the applicant a pre-examination fee.

(2) Following a decision under regulation 22, the [F1Secretary of State] must notify the applicant as soon as reasonably practicable, of the pre-examination fee.

[F4(3) The pre-examination fee is—

(a)where a single appointed person will handle the application, £12,750;

(b)where two appointed persons will handle the application, £25,500;

(c)where three appointed persons will handle the application, £38,250;

(d)where more than three appointed persons will handle the application, £57,750.]

(4) The pre-examination fee must be received by the [F1Secretary of State] within the period of 28 days beginning with the date of the notice referred to in sub-paragraph (2).

(5) If the applicant fails to pay the pre-examination fee within the period specified in sub-paragraph (4), the [F1Secretary of State] need take no further steps in relation to the application until payment has been received by the [F1Secretary of State].

Textual Amendments

F3Words in Sch. 2 para. 3(1) substituted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 7(1) (with reg. 8)

Fee in respect of the handling of an applicationE+W+S

4.—(1) [F5The [F1Secretary of State]] [F5Where applicable, the Secretary of State] must charge the applicant a fee in respect of its examination of the application.

(2) The fee payable is the sum of —

(a)an initial payment calculated in accordance with paragraph 5; and

(b)a final payment calculated in accordance with paragraph 6.

Textual Amendments

F5Words in Sch. 2 para. 4(1) substituted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 7(2) (with reg. 8)

Initial payment in respect of the handling of an applicationE+W+S

5.—(1) Following the preliminary meeting under regulation 28, the [F1Secretary of State] must, as soon as reasonably practicable, give the applicant notice in writing of—

(a)the number of estimated relevant days;

(b)whether the application is to be examined by a single [F1appointed person], or 2 or more [F1appointed person]s, and in the latter case, the number of [F1appointed person]s who are to be appointed; and

(c)the initial payment.

(2) In this paragraph—

“estimated relevant day” means a day estimated by the [F1Secretary of State] as required for its examination of the application;

[F6“initial payment” in relation to a notice under sub-paragraph (1) means—

(a)

where the examination is to be handled by a single appointed person, £923 for each estimated relevant day;

(b)

where the examination is to be handled by two appointed persons, £1,467 for each estimated relevant day;

(c)

where the examination is to be handled by three appointed persons, £2,010 for each estimated relevant day;

(d)

where the examination is to be handled by more than three appointed persons, £3,060 for each estimated relevant day.]

(3) The initial payment must be received by the [F1Secretary of State] within the period of 28 days beginning with the date of the notice referred to in sub-paragraph (1).

(4) If the applicant fails to pay the initial payment within the period specified in sub-paragraph (3), the [F1Secretary of State] need take no further steps in relation to the application until payment has been received by the [F1Secretary of State].

Textual Amendments

Final payment in respect of the handling of an applicationE+W+S

6.—(1) Following notification of the completion of the examination, the [F1Secretary of State] must, as soon as reasonably practicable, give the applicant notice of the final payment.

[F7(2) The final payment is—

(a)where a single appointed person has examined the application, £1,845 for each relevant day;

(b)where two appointed persons have examined the application, £2,933 for each relevant day;

(c)where three appointed persons have examined the application, £4,020 for each relevant day;

(d)where more than three appointed persons have examined the application, £6,120 for each relevant day

less the initial payment referred to in paragraph 5.]

(3) In this paragraph “relevant day” means a day on which the [F1Secretary of State] examined the application.

(4) The final payment must be received by the [F1Secretary of State] within the period of 28 days beginning with the date of the notice referred to in sub-paragraph (1).

(5) If the applicant fails to pay the fee within the period specified in sub-paragraph (4), the [F1Secretary of State] need take no further steps in relation to the application until payment has been received by the [F1Secretary of State].

Textual Amendments

Fee in respect of venue costsE+W+S

7.—(1) Where the applicant does not provide a venue for a hearing the [F1Secretary of State] may charge a fee in respect of the venue costs.

(2) In sub-paragraph (1) “venue costs” means—

(a)where the [F1Secretary of State] causes a hearing to be held, the costs reasonably incurred by the [F1Secretary of State] in respect of that hearing; or

(b)where the [F1Secretary of State] makes arrangements for a hearing to be held but it does not take place, the costs reasonably incurred by the [F1Secretary of State] in respect of those arrangements.

(3) The [F1Secretary of State] must notify the applicant of the amount of the fee.

(4) The fee must be received by the [F1Secretary of State] within the period of 28 days beginning with the date of the notice referred to in sub-paragraph (3).

(5) If the applicant fails to pay the fee within the period specified in sub-paragraph (4), the [F1Secretary of State] need take no further steps in relation to the application until payment has been received by the [F1Secretary of State].

(6) In this paragraph “hearing” means a hearing held in accordance with these Regulations.

Textual Amendments

[F8Fees payable on or after 1st April 2018E+W+S

8.—(1) Each relevant fee is increased by the appropriate percentage on 1st April 2018, and on 1st April in any subsequent year, if the appropriate percentage is greater than zero.

(2) The appropriate percentage is the CPI 12-month percentage rate published for the preceding September.

(3) The amount of any increase is in pounds sterling, rounded up or down to the nearest pound.

(4) In any year, the increase in a relevant fee described in paragraph (1) applies only where the obligation to pay that fee arises on or after 1st April in that year.

(5) In this regulation—

“the CPI 12-month percentage rate” means the measure of the change in prices between one month and the same month in the subsequent year, published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007; and

“relevant fee” means any fee prescribed in any of paragraphs 2, 3, 5 or 6 of this Schedule.]

Textual Amendments

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