The Planning (Fees) (Amendment) Regulations (Northern Ireland) 2023

Statutory Rules of Northern Ireland

2023 No. 37

Planning

The Planning (Fees) (Amendment) Regulations (Northern Ireland) 2023

Made

15th March 2023

Coming into operation

6th April 2023

The Department for Infrastructure makes the following Regulations in exercise of the powers conferred by sections 223(1), (9) and 247(1) of the Planning Act (Northern Ireland) 2011(1) and now vested in it(2).

Citation and commencement N.I.

1.  These Regulations may be cited as the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 6th April 2023.

Commencement Information

I1 Reg. 1 in operation at 6.4.2023, see reg. 1

Amendment of the Planning (Fees) Regulations (Northern Ireland) 2015 N.I.

2.—(1) The Planning (Fees) Regulations (Northern Ireland) 2015(3) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 8(1) (amount of reduced fees and refunds) for “£65” substitute “£73”.

(3) In regulation 9(1) (fees for applications for express consent to display advertisements) for “£193” substitute “£217”.

(4) In regulation 11 (fee for an application for planning permission for EIA development) for “£10,844” substitute “12,177”.

(5) In regulation 12 (fees for applications for certificates of lawful use or development)—

(a) in paragraph (3)(b) for “£257” substitute “£289”; and

(b) in paragraph (4) for “£257” substitute “£289” and for “£12,850” substitute “£14,450”.

(6) In Schedule 1 (fees in respect of applications for planning permission or for approval of reserved matters)—

(a) in Part 1, in paragraph 4(2) and (3) for “£565” substitute “£634”; and

(b) for Part 2, substitute Part 2 as set out in the Schedule to these Regulations.

(7) In Schedule 2 (fees for hazardous substances consent)—

(a) for “£347” in each position where it occurs substitute “£390”;

(b) for “£435” substitute “£488”; and

(c) for “£694” substitute “£779”.

Commencement Information

I2 Reg. 2 in operation at 6.4.2023, see reg. 1

Sealed with the Official Seal of the Department for Infrastructure on 15th March 2023

Alistair Beggs

A senior officer of the Department for Infrastructure

Regulation 2(6)(b)

SCHEDULE N.I. SUBSTITUTION OF PART 2 OF SCHEDULE 1 TO THE PLANNING (FEES) REGULATIONS (NORTHERN IRELAND) 2015

Commencement Information

I3 Sch. in operation at 6.4.2023, see reg. 1

“PART 2 N.I. SCALES OF FEES

Category of Development	Fee payable
1. All buildings (other than a single dwellinghouse).	Outline Applications £289 for each 0.1 hectare of the site area subject to a maximum of £11,560.
2. Single dwellinghouse.	Outline Applications £486.
3. The erection of a dwellinghouse.	(a) Reserved matters where the application is for a single dwellinghouse, £486; (b) Full where the application is for a single dwellinghouse, £975; (c) Full and reserved matters For 2 or more dwellinghouses— (i) where the number of dwellinghouses to be created by the development is 50 or fewer, £1,145 for two dwellinghouses and £409 for each additional dwelling house; (ii) where the number of dwellinghouses to be created by the development exceeds 50, £20,777; and an additional £121 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £304,401.
4. The extension, improvement or alteration of an existing dwellinghouse, including the erection of a building or the carrying out of other operations within the curtilage of a dwellinghouse for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary or a curtilage of an existing dwellinghouse.	£327 for each dwelling.
5. The erection of industrial, commercial, community and other buildings, other than dwellinghouses or buildings covered by category 4.	Full and Reserved Matters (a) where no floor space is to be created by the development, £208; (b) where the area of gross floor space to be created by the development does not exceed 40 sq.m., £208; (c) where the area of the gross floor space to be created by the development exceeds 40 sq.m., but does not exceed 75 sq.m., £409; (d) where the area of the gross floor space to be created by the development exceeds 75 sq.m., but does not exceed 3,750 sq.m., £409 for each 75 sq.m. of that area; (e) where the area of gross floor space to be created by the development exceeds 3,750 sq.m., £20,450; and an additional £121 for each 75 sq.m., in excess of 3,750 sq.m., subject to a maximum in total of £304,316.
6. The erection, alteration or replacement of plant and machinery including telecommunications/datacommunications equipment, a single wind turbine and wind farms.	(a) where the site area does not exceed 5 hectares, £409 for each 0.1 hectare of the site area; (b) where the site area exceeds 5 hectares, £20,450; and an additional £121 for each 0.1 hectare in excess of 5 hectares, subject to a maximum in total of £304,316.
7. The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes and for agricultural and commercial glasshouses.	£1,087 for each 500 sq.m. of floor space subject to a maximum of £14,403.
8. The winning and working of peat.	£2,162 for each 5 hectares of the site area subject to a maximum of £38,916.
9. (a) The winning and working of minerals (other than peat). (b) The carrying out of any operations connected with exploratory drilling for oil or natural gas. (c) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land or the use of land for the storage of minerals in the open. (d) The carrying out of any other operation not coming within any of the above categories.	£418 per 0.1 hectare of the site area subject to a maximum of £46,816.
10. The construction of single level car parks, service roads and other means of access on land used for the purpose of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.	£289.
11. (a) The continuance of a use of land or the retention of buildings or works on land, without compliance with a condition subject to which a previous planning permission has been granted (including a condition requiring discontinuance of the use or the removal of the building or works at the end of the specified period). (b) An application to develop land without compliance with a condition subject to which a previous planning permission has been granted.	£289.
12. An application for a material change of use.	(a) where the application relates to a dwellinghouse, £793 for the first dwellinghouse and £289 for each additional dwellinghouse subject to a maximum of £14,450; (b) for any other change of use, £289 for each 75 sq.m., of floor space subject to a maximum of £14,450.
13. Any other application not falling within categories 1-12.	£952.”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Planning (Fees) Regulations (Northern Ireland) 2015 which prescribe the fee payable in respect of applications made under the Planning Act (Northern Ireland) 2011. The Regulations increase planning fees by approximately 12.3% overall.

The Explanatory Memorandum is available alongside the instrument on the Government’s legislation website: www.legislation.gov.uk.

(1)

2011 c.25(N.I.)

(2)

S.R. 2016 No. 76 – see Article 8 and Part 2 of Schedule 5 of the Departments (Transfer of Functions) Order (Northern Ireland) 2016

(3)

S.R. 2015 No. 73 as amended by S.R. 2015 No. 398 and S.R. 2019 No. 112