New Legislation – relating to the Fees Regulations 2012 (23/07/2019 and 19/08/2019) …

The following 1 new Statutory Instrument (SI) comes into force on 23/07/2019 and 19/08/2019:

New Legislation:

  • July 2019 and August 2019: SI 2019 No. 1154 - The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2019 (pdf) (link).

Notes:

  • The above SI 2019 No. 1154 makes amendments to the following SI:
    - Fees Regulations 2012.
  • The "Explanatory Memorandum" (link) to the above SI 2019 No. 1154 includes the following information:
    - "Regulation 2 [of SI 2019 No. 1154] removes regulation 1(3) of [the Fees Regulations 2012]. This ensures that [the Fees Regulations 2012] continue to operate after 21 November 2019 and that local planning authorities can continue to charge a fee for planning applications described in those regulations. The commencement of regulation 2 [of SI 2019 No. 1154] provides for it to come into force ahead of the remaining provisions of the Regulations, on the day after the day on which the Regulations are made. This is to ensure, in light of the current legislative timetable, that the removal of regulation 1(3) of [the Fees Regulations 2012] comes into force prior to the expiry of [the Fees Regulations 2012].".
    - "The prescribed permitted development under [Part 1 Class A of the GPDO], which enables householders to build a larger rear extension to a dwellinghouse, is subject to the prior approval of certain matters by the local planning authority for which a fee can be charged. Regulation 3 [of SI 2019 No. 1154] amends regulation 14 of [the Fees Regulations 2012] to provide a fee of £96 for any applications for prior approval to build a larger rear extension to a dwellinghouse.".
    - "Regulation 3 [of SI 2019 No. 1154] further amends regulation 14 of [the Fees Regulations 2012] to provide for applicants to be exempt from paying the prior approval fee in two certain circumstances. Firstly, where a corresponding application for planning permission on the same site is made at the same time as the application for prior approval, and secondly where the development which is the subject of the prior approval application consists of operations designed to provide access to disabled persons or provide facilities to secure that person’s greater safety, health or comfort.".
    - "Regulation 4 [of SI 2019 No. 1154] makes transitional provision to ensure that the fee introduced by regulation 3 [of SI 2019 No. 1154] is not payable in respect of applications for prior approval to build a larger rear extension to a dwellinghouse being made before the coming into force of regulation 3 [of SI 2019 No. 1154].".
  • UPDATE: For information about a potential pitfall with the above fee for an application for prior approval under Part 1 Class A of the GPDO, please view this post.
  • UPDATE: On 01/08/2020, the above potential pitfall was removed by SI 2020 No. 632 (note: for more information, please view this post).

Other Sources of Information:

  • October 2018: Planning Reform - Supporting the high street and increasing the delivery of new homes (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • March 2019: Written statement to Parliament by James Brokenshire MP (link).
    - Note: For more information about the above document, please view this post.
  • May 2019: Government response to consultation on Planning Reform - Supporting the high street and increasing the delivery of new homes (May 2019) (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • July 2019: Explanatory Memorandum to SI 2019 No. 1154 (pdf) (link).

Updates to the Planning Jungle website: