IMPORTANT: New Legislation – Group 4 of 4 – FEES …

This group of new legislation relates to FEES.

GROUP 4 OF 4 - New Legislation - 1 new Statutory Instrument (SI):

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  • Refunds after 26 weeks: For an application for planning permission or an application for reserved matters, if the LPA fails to issue a decision within 26 weeks then the LPA must refund the fee.  There are a number of exceptions, including where the applicant and the LPA have agreed to an extended period, or where the applicant has submitted an appeal against non-determination (before 26 weeks), etc.  The requirement to refund the fee after 26 weeks will only be applied to applications which are made on or after 01/10/2013.
  • Prior approval applications: From 01/10/2013 onwards, a fee of £80 will be payable for an application for prior approval under Schedule 2 Part 3 of the GPDO 1995.  However, this fee will not be payable where the same applicant on the same day makes an application for planning permission (for which a fee is payable) on the same site.
  • Relevant demolition: No fee will be payable for an application that relates solely to "relevant demolition" (i.e. the demolition of an unlisted (etc) building in a conservation area).
  • Section 62A applications: For a "section 62A application" (where the LPA is a "designated planning authority"), the fee must be paid to the Secretary of State (rather than to the LPA), and will be the same as the fee that would have been payable if the application had been made to the LPA.  Where a section 62A application is granted, refused, or withdrawn, then the applicant can submit another section 62A application within 12 months for similar works on the same site with no fee payable.  The Secretary of State will be able to charge for pre-application advice in relation to section 62A applications.
  • Other: The above new SI also makes a couple of “minor amendments”, the first of which reduces the fees for an application to replace a partially implemented outline planning permission, and the second of which increases the fees for the erection of buildings on agricultural land in excess of 2.5 hectares.
  • Important Note: Please see below for significantly more details about all of the above.


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Updates to the Planning Jungle website resulting from the above 3 new SIs:

Other sources of information about the above 3 new SIs:

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