New Legislation – relating to the Fees Regulations 2012 (02/09/2020) …

The following 1 new Statutory Instrument (SI) comes into force on 02/09/2020:

New Legislation:

  • September 2020: SI 2020 No. 836 - The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2020 (pdf) (link).

Notes:

  • The above SI 2020 No. 836 makes amendments to the following SI:
    - Fees Regulations 2012.
  • The "Explanatory Note" (link) at the end of SI 2020 No. 836 includes the following information:
    - "These Regulations [SI 2020 No. 836] are made in consequence of amendments made to [the GPDO 2015], by [SI 2020 No. 632] made on 23rd June 2020 and laid before Parliament on 24th June 2020 with relevant provisions due to come into force on 1st August 2020 (“the 2020 Regulations”). Regulation 22 of [SI 2020 No. 632] inserts new Part 20 into Schedule 2 to [the GPDO 2015] to introduce permitted development rights allowing for the construction of new dwellinghouses without the need for a full planning application. The new permitted development right in Class A of the new Part 20 allows work for the construction of up to 2 storeys to create new flats on the topmost residential storey of a building which is an existing purpose-built, detached block of flats. The new permitted development right contains limitations and conditions on how it will operate, including the requirement for prior approval by way of application (including a written statement as to the number of new dwellinghouses proposed in the development) together with any fee payable.".
    - "Regulation 2 of [SI 2020 No. 836] amends regulation 14 of [the Fees Regulations 2012] to introduce a fee for prior approvals associated with permitted development rights under new Part 20 of [the GPDO 2015] of £334 per new dwellinghouse for development proposals of 50 or fewer new dwellinghouses, or a fixed fee of £16,525 plus £100 per new dwellinghouse for development proposals of more than 50 new dwellinghouses, subject in the latter case to a maximum limit of £300,000. Regulation 2 of [SI 2020 No. 836] also amends regulation 14 of [the Fees Regulations 2012] to introduce a ‘second application’ exemption from the newly introduced fee for applications for prior approval under new Part 20 which are made by the same applicant, in respect of the same development on the same site or part of the same site and within 12 months of a determination of an earlier application (where a fee has previously been paid) under new Part 20 or, in the case of an earlier application under new Part 20 which was withdrawn, the date when that application was received by the local planning authority. Regulation 3 [of SI 2020 No. 836] makes transitional provision such that the fee introduced by regulation 2 [of SI 2020 No. 836] is not payable in respect of applications made before the coming into force of these Regulations.".
  • Note: The "Explanatory Note" (link) at the end of SI 2020 No. 836, and the "Explanatory Memorandum" (link) to SI 2020 No. 836, both refer (specifically) to Part 20 Class A, whereas the new regulation 14(1)(c) of the Fees Regulations 2012 (which sets out the new fees) refers to "an application under Part 20 (construction of new dwellinghouses)". In other words, the new fees apply to an application for prior approval under any of the Part 20 Classes (e.g. Part 20 Classes ZA, A, AA, AB, AC, and AD). However, the new regulation 14(1E) of the Fees Regulations 2012 (which is part of the provisions relating to a free-go) refers to an earlier application that "complies with paragraphs (a) to (h) of paragraph B(2) of Part 20 ...", whereas the latter Part 20 paragraph B(2) does not apply to an application for prior approval under Part 20 Class ZA. In other words, in my opinion it's not clear whether the provisions relating to a free-go apply to an application for prior approval under Part 20 Class ZA.
  • Note: The above SI 2020 No. 836 comes into force "on the twenty eighth day after the day on which [these regulations] are made". In other words, the above SI 2020 No. 836 comes into force on 02/09/2020.

Other Notes:

  • The "Explanatory Memorandum" (link) to SI 2020 No. 836 states the following:
    - "[The Fees Regulations 2012] consolidated 12 statutory instruments dating back to 1989. This is the sixth amending instrument to [the Fees Regulations 2012]. There are no current plans for a consolidation.".
  • The "Fees Regulations 2012 (Consolidated)" document on the Planning Jungle website has been updated to incorporate the above SI 2020 No. 836, and currently incorporates a total of 9 SIs (i.e. the original SI + 8 amendment SIs).

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.
  • August 2020: "Explanatory Memorandum" to SI 2020 No. 836 (pdf) (link).

Updates to the Planning Jungle website: