Levelling-up and Regeneration Act 2023

Prospective

134 Power of certain bodies to charge fees for advice in relation to applications under the Planning Acts U.K.

After section 303ZA of the TCPA 1990 (fees for appeals) insert—

“303ZB Power of certain bodies to charge fees for advice in relation to applications under the planning Acts

(1) A prescribed body may charge fees for the provision of advice, information or assistance (including the provision of a response to a consultation) in connection with an application within subsection (2) that relates to land in England.

(2) An application is within this subsection if it is an application, proposed application or proposal for a permission, approval or consent under, or for the purposes of, the planning Acts.

(3) A prescribed body may not charge fees under subsection (1) in respect of—

(a) a response to a consultation that a qualifying neighbourhood body is required to carry out under an enactment;

(b) the provision of prescribed advice, information or assistance or advice, information or assistance of a prescribed description.

(4) In subsection (3)(a), a “qualifying neighbourhood body” means—

(a) a qualifying body within the meaning given by section 61E(6) (and includes a community organisation which is to be regarded as such a qualifying body by virtue of paragraph 4(2) of Schedule 4C), or

(b) a qualifying body within the meaning given by section 38A(12) of the Planning and Compulsory Purchase Act 2004.

(5) A prescribed body may charge fees under subsection (1) only in accordance with a statement published on its website which—

(a) describes the advice, information or assistance in respect of which fees are charged,

(b) sets out the fees (or, if applicable, the method by which the fees are to be calculated), and

(c) refers to any provision in an enactment pursuant to which the advice, information or assistance is provided.

(6) Subsections (7) and (8) apply where a prescribed body decides to charge fees under subsection (1) for advice, information or assistance which the body provides pursuant to a provision in an enactment.

(7) If a person fails to pay the fee charged under subsection (1), the prescribed body may, notwithstanding any requirement to provide the advice, information or assistance, withhold the advice, information or assistance until the fee is paid.

(8) The prescribed body must secure that, taking one financial year with another, the income from the fees charged under subsection (1) does not exceed the cost of providing the advice, information or assistance.

(9) A financial year is the period of 12 months beginning with 1 April.

(10) Before making regulations under this section, the Secretary of State must consult—

(a) any body likely to be affected by the regulations, and

(b) such other persons as the Secretary of State considers appropriate.

(11) In this section, “fees” include charges (however described).”

Commencement Information

I1 S. 134 not in force at Royal Assent, see s. 255(3)(b)