New Legislation – relating to the Fees Regulations 2012 (30/07/2021) …

The following 1 new Statutory Instrument (SI) comes into force on 30/07/2021:

New Legislation:

  • July 2021: SI 2021 No. 791 - The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2021 (pdf) (link).

Notes:

  • The above SI 2021 No. 791 makes amendments to the following SI:
    - The Fees Regulations 2012.
  • The "Explanatory Note" (link) at the end of SI 2021 No. 791 includes the following information:
    - "These Regulations [SI 2021 No. 791] amend [the Fees Regulations 2012]".
    - "These Regulations [SI 2021 No. 791] are made in consequence of amendments made to [the GPDO 2015], by [SI 2020 No. 755]; and [SI 2021 No. 428].".
    - "[SI 2020 No. 755] introduced a new permitted development right under [Part 1 Class AA of the GPDO 2015] to allow existing houses to be extended to provide more living space by constructing additional storeys. Regulation 2 of these Regulations [SI 2021 No. 791] amends regulation 14 of [the Fees Regulations 2012] to introduce a fee of £96 for applications for prior approval for this permitted development right. Regulation 2 [of SI 2021 No. 791] further amends regulation 14 of [the Fees Regulations 2012] to introduce a 'double charge' exemption to ensure that, where a full planning application and payment of associated fee has been made which includes a dwellinghouse upward extension subject to prior approval, no prior approval fee is additionally payable, and to provide that the fee exemption for any applications for access and facilities for disabled persons conferred by regulation 4 of [the Fees Regulations 2012] is similarly applied to this prior approval fee where relevant.".
    - "[SI 2021 No. 428] introduces a new permitted development right [under Part 3 Class MA of the GPDO 2015] to allow for the change of use from Commercial, Business and Service use [Use Class E] to residential use [Use Class C3]. Regulation 2 of these Regulations [SI 2021 No. 791] introduces a fee for applications for prior approvals for this change of use of £100 per new dwellinghouse. Regulation 2 [of SI 2021 No. 791] further amends regulation 14 of [the Fees Regulations 2012] to introduce a 'double charge' exemption to ensure that, where a full planning application and payment of associated fee has been made which includes a change of use from Commercial, Business and Service use [Use Class E] to residential use [Use Class C3] subject to prior approval, no prior approval fee is additionally payable. Regulation 2 of these Regulations [SI 2021 No. 791] also amends regulation 14 of [the Fees Regulations 2012] to introduce a 'second application' exemption from the prior approval fee for this change of use permitted development right for a second application made in certain circumstances within 12 months of the first.".
    - "[SI 2021 No. 428] also expands the scope of an existing permitted development right under [Part 7 Class M of the GPDO 2015] to allow for more development by existing schools, colleges, universities, hospitals and, for the first time, prisons. A prior approval process has been introduced specifically for the development of university buildings under this permitted development right. Regulation 2 of these Regulations [SI 2021 No. 791] amends regulation 14 of [the Fees Regulations 2012] to introduce a fee of £96 for applications for prior approvals only in relation to the development of university buildings under this permitted development right.".
    - "Regulation 3 [of SI 2021 No. 791] makes transitional provision such that the fee introduced by regulation 2 [of SI 2021 No. 791] is not payable in respect of applications made before the coming into force of these Regulations [SI 2021 No. 791].".

Consolidated version of the legislation:

  • The "Explanatory Memorandum" (link) to SI 2021 No. 791 states the following:
    - "This is the seventh 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 2021 No. 791, and currently incorporates a total of 10 SIs (i.e. the original SI + 9 amendment SIs).

Other Sources of Information:

  • July 2021: "Explanatory Memorandum" to SI 2021 No. 791 (pdf) (link).

Updates to the Planning Jungle website: