DRAFT Legislation – relating to the Fees Regulations 2012 …

The following DRAFT Statutory Instrument (SI) is currently on the government website:

DRAFT Legislation:

  • DRAFT: SI 2017 No. *** - The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017 (link).

Notes:

  • The above draft SI is not summarised on the Planning Jungle website.
  • The "Explanatory Note" (link) at the end of the above draft SI includes the following information:
    - "Regulation 2 of these Regulations provides for an increase of approximately 20% for all existing fees to be paid to local planning authorities in respect of applications, deemed applications, requests or site visits in respect of which a fee is payable under the [Fees Regulations 2012]".
    - "Regulation 3 of these Regulations makes consequential changes to the 2012 Regulations so that a fee will be payable for applications for permission in principle.".
    - "Regulation 4(2) of these Regulations inserts new regulation 2B into the 2012 Regulations, so that Mayoral development corporations and urban development corporations can charge for giving advice, in their area, about planning applications at the pre-application stage.".
    - "Regulation 5(2) omits regulation 5 of the 2012 Regulations. This means that a planning application fee may be charged by local planning authorities where they have made a direction withdrawing permitted development rights under article 4 of the [GPDO 2015] or where permitted development rights have been withdrawn by a condition imposed on a planning permission.".
    - "Regulation 5(3) is made in consequence of the introduction of new classes of permitted development rights under the [GPDO 2015], which came into force on 15th April 2015 and [SI 2017 No. 39] which came into force on 6th April 2017. Class CA of Part 4 of Schedule 2 to that Order permits the provision of temporary state-funded schools on vacant commercial land, Class E of Part 4 of Schedule 2 to that Order permits the temporary use of buildings or land for film making, Class C of Part 7 of that Schedule permits the erection of a collection facility within the curtilage of a shop and Class J(c) of Part 14 of that Schedule permits the installation, alteration or replacement of solar PV equipment with a generating capacity of up to one megawatt on the roof of a non-domestic building. Each of the new permitted development rights are subject to certain matters about which the applicant must seek the prior approval of the local planning authority. Where such an application is made, the fee will be £96.".