The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012

Fees in respect of deemed applications

10.—(1) A fee shall be paid to the relevant authority in every case where an application for planning permission is deemed to have been made by virtue of section 177(5) of the 1990 Act ((grant or modification of planning permission on appeals against enforcement notices)(1) (“a deemed application”).

(2) A fee is only payable in respect of a deemed application under this regulation if a fee would have been payable under these Regulations for an application for planning permission made to the relevant authority on the relevant date in respect of the matters stated in the enforcement notice as constituting a breach of planning control.

(3) The amount of the fee shall be twice the amount of the fee payable to the relevant authority in respect of the application referred to in paragraph (2).

(4) The fee shall be paid in respect of the deemed application by every person who has made a valid appeal against the enforcement notice and whose appeal has not been withdrawn before the date on which the Secretary of State issues a notice under paragraph (6).

(5) The fee shall be paid to the relevant authority.

(6) The fee shall be paid at such time as the Secretary of State may in the particular case specify by notice in writing to the appellant.

(7) This regulation shall not apply where the person who has appealed against the relevant enforcement notice had—

(a) before the date when the notice was issued, made an application to the local planning authority for planning permission for the development to which the relevant enforcement notice relates (and had paid to the authority the fee payable in respect of that application); or

(b) before the date specified in the notice as the date on which the notice is to take effect, made an appeal to the Secretary of State against the refusal of the local planning authority to grant such permission,

and at the date when the relevant enforcement notice was issued that application or, in the case of an appeal, at the date specified in the relevant enforcement as the date on which the notice is to take effect, that appeal, had not been determined.

(8) In the event that the Secretary of State—

(a) declines jurisdiction on the relevant appeal under section 174 of the 1990 Act (appeal against enforcement notice)(2) on the grounds that it does not comply with one or more of the requirements of subsections (1) to (3) of that section;

(b) dismisses the relevant appeal in exercise of the powers contained in section 176(3)(a) of the 1990 Act (general provisions relating to determination of appeals) on the grounds that the appellant has failed to comply with section 174(4) of the 1990 Act within the prescribed period; or

(c) allows the relevant appeal and quashes the relevant enforcement notice in exercise of the powers contained in section 176(3)(b) of the 1990 Act,

any fee paid in respect of the deemed application shall be refunded to the appellant.

(9) In the event of the relevant appeal under section 174 of the 1990 Act being withdrawn with the result that there are at least 21 days between the date of withdrawal and—

(a) the date (or in the event of postponement, the latest date) appointed for the holding of an inquiry into that appeal; or

(b) in the case of an appeal which is being dealt with by way of written representations, the date (or in the event of postponement, the latest date) appointed for the inspection of the site to which the enforcement notice relates,

any fee paid in respect of the deemed application shall be refunded to the appellant.

(10) For the purpose of paragraph (9) an appeal shall be treated as being withdrawn on the date on which notice in writing of the withdrawal is received by the Secretary of State.

(11) The reference in paragraph (9)(b) to an appeal being dealt with by way of written representations shall be construed as a reference to an appeal in respect of which neither the appellant nor the local planning authority has asked for an opportunity of appearing before and being heard by a person appointed by the Secretary of State and in respect of which no local inquiry is to be held under section 320 (local inquiries) of, or Schedule 6 (determination of certain appeals by person appointed by Secretary of State) to, the 1990 Act(3).

(12) Any fee paid by an appellant in respect of a deemed application shall be refunded to the appellant in the event of the local planning authority withdrawing the relevant enforcement notice before it takes effect or if the Secretary of State decides that the enforcement notice is a nullity.

(13) Save on the determination of an appeal where the Secretary of State issues a certificate under section 191 of the 1990 Act (certificate of lawfulness of existing use or development)(4) in accordance with section 177(1)(c) of that Act (grant or modification of planning permission on appeals against enforcement notices)(5), the fee paid by the appellant in respect of a deemed application shall be refunded to the appellant in the event of the Secretary of State allowing the appeal against the relevant enforcement notice on—

(a) grounds set out in section 174(2)(b) to (f) of the 1990 Act (appeal against enforcement notice); or

(b) the ground that the notice is invalid, or that it contains a defect, error or misdescription which cannot be corrected in pursuance of the Secretary of State’s powers under section 176(1) of the 1990 Act (general provisions relating to determination of appeals)(6).

(14) In the case of a deemed application where—

(a) an enforcement notice is varied under section 176(1) of the 1990 Act otherwise than to take account of a grant of planning permission under section 177(1) of the 1990 Act; and

(b) the fee calculated in accordance with paragraphs (2) and (3) would have been a lesser amount if the original notice had been in the terms of the varied notice,

the fee payable shall be that lesser amount and any excess amount already paid shall be refunded.

(15) in determining a fee under sub-paragraph (14) no account shall be taken of any change in fees which takes effect after the making of the deemed application.

(16) In this regulation —

(a) “relevant authority” means the local planning authority which issued the enforcement notice; and

(b) “relevant date” means the date on which the appeal against the enforcement notice is made.

(1)

Section 177(5) was amended by section 32 of, and paragraph 24(3) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34) and section 123(6) of the Localism Act 2011 (c. 20)

(2)

Section 174 was amended, so far as relevant to these Regulations, by section 6(1) of the Planning and Compensation Act 1991 (c. 34), S.I. 2003/956 and section 123(1) and (4) of the Localism Act 2011 (c. 20).

(3)

Schedule 6 was amended, so far as relevant to these Regulations by paragraph 14 of Schedule 10 (partially in force, see S.I. 2009/400) to, the Planning Act 2008 (c. 29).

(4)

Section 191 was substituted by section 10(1) of the Planning and Compensation Act 1991 and section 124(3) of the Localism Act (c. 20).

(5)

Section 177(1) was amended by section 32 of, and paragraph 24 of Schedule 7 to, the Planning and Compensation Act 1991.

(6)

Section 176(1) was substituted by section 32 of, and paragraph 23 of Schedule 7 to, the Planning and Compensation Act 1991.