The Planning (Fees) Regulations (Northern Ireland) 2005

Regulations 3(2), 11(2) and 13(6)(a)(ii)

SCHEDULE 1 FEES IN RESPECT OF APPLICATIONS AND DEEMED APPLICATIONS FOR PLANNING PERMISSION OR FOR APPROVAL OF RESERVED MATTERS

PART 1 general provisions

1.  Subject to paragraphs 2 to 4, the fee payable under regulation 3(2) or 11(2) in respect of an application or deemed application shall be calculated in accordance with the provisions of Part 2 and (where applicable) paragraphs 5 to 9. In the case of an application for approval of reserved matters references in this Schedule to the category of development to which an application relates shall be construed as references to the category of development authorised by the relevant outline planning permission.

2.  Where an application or deemed application relates to development carried out without planning permission, or in accordance with planning permission granted for a limited period or without complying with some condition subject to which planning permission was granted, the amount of the fee payable shall be calculated in accordance with the provisions of Part 2 as if the application or deemed application were one for permission to carry out that development.

3.—(1) Where an application or deemed application for planning permission is made or deemed to be made by or on behalf of a club, society or other organisation (including any persons administering a trust) which is not established or conducted for profit, and the conditions specified in sub-paragraph (2) are satisfied, the fee payable in respect of the application or deemed application shall be one-half of the amount that would otherwise be payable.

(2) The conditions referred to in sub-paragraph (1) are that –

(a) the application or deemed application relates to the provision of community facilities (including sports grounds) and playing fields; and

(b) that the Department or (in the case of a deemed application) the Commission is satisfied that the development is to be carried out on land which is, or is intended to be, occupied by the club, society or other organisation and to be used wholly or mainly for the carrying out of its objects.

4.—(1) This paragraph applies where –

(a) an application is made for approval of one or more reserved matters (“the current application”);

(b) the applicant has previously applied for such approval under the same outline planning permission and paid fees in relation to one or more such applications; and

(c) no application has been made under that permission other than by or on behalf of the applicant.

(2) Where this paragraph applies and the amount of the fees paid as mentioned in sub-paragraph (1)(b) is not less than the amount which would be payable if the applicant were by his current application seeking approval of all the matters reserved by the outline permission (and in relation to the whole of the development authorised by the permission), the amount of the fee payable in respect of the current application shall be £440.

(3) Where –

(i) this paragraph applies;

(ii) a fee has been paid as mentioned in sub-paragraph (1)(b) at a rate lower than that prevailing at the date of the current application; and

(iii) sub-paragraph (2) would apply if that fee had been paid at the rate applying at that date,

the amount of the fee in respect of the current application shall be £440.

5.  Where, in respect of any category of development specified in Part 2, the fee is to be calculated by reference to the site area –

(a) that area shall be taken as consisting of the site area to which the application relates or, in the case of a deemed application, the site area to which the relevant enforcement notice relates; and

(b) where the area referred to in sub-paragraph (a) is not an exact multiple of the unit of measurement specified in respect of the relevant category of development, the fraction of a unit remaining after division of the total area by the unit of measurement shall be treated, for the purposes of calculating the fee, as a complete unit.

6.—(1) In relation to development within category 4, 6 or 11(b) specified in Part 2, the area of gross floor space to be created by the development shall be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or partly) by external walls of a building.

(2) In relation to development within category 4 or 11(b) where the area of gross floor space is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floor space by the figure of 75 shall be treated as being 75 square metres.

(3) In relation to development within category 6 where the area of gross floor space is not an exact multiple of 500 square metres, the area remaining after division of the total number of square metres of gross floor space by the figure of 500 shall be treated as being 500 square metres.

7.—(1) Where an application or a deemed application relates to development consisting of or including the erection of a building or buildings to be used for residential purposes and for other purposes, the provisions of sub-paragraphs (2) and (3) shall apply for the purpose of calculating the fee.

(2) Subject to sub-paragraph (3) an assessment shall be made of the gross floor space which it is proposed to use for purposes other than residential purposes (in this sub-paragraph referred to as “the non-residential floor space”) and the sum payable in respect of the non-residential floor space (calculated in accordance with Part 2) shall be added to the sum payable in respect of the number of dwellinghouses to be created by the development (calculated in accordance with Part II).

(3) Where a building is to contain floor space which it is proposed to use for the purposes of providing common access or common services or facilities for persons occupying or using that building for residential purposes and for persons occupying or using it for non-residential purposes (such floor space being referred to below as “common floor space”), the non-residential floor space shall be assessed, in relation to that building, as including such proportion of the common floor space as the non-residential floor space in the building bears to the gross floor space in the building.

8.—(1) Subject to the provisions of paragraph 7, where an application or deemed application relates to development which is within more than one of the categories specified in Part 2 –

(a) an amount shall be calculated, in accordance with this Schedule, in respect of the development which is within each category or, in the case of a deemed application, in respect of each use of land or type of operation to which the relevant enforcement notice relates; and

(b) the highest of the amounts so calculated shall be the fee.

(2) The fee for development in an area of townscape character or an area of village character which includes demolition of a building shall be calculated by adding together the fee for demolition within category 12 and the fee for any other category of development specified in Part 2.

9.  In the case of a deemed application for planning permission –

(a) references in this Schedule to the development to which an application relates shall be construed as references to the use of land or the operations (as the case may be) to which the relevant enforcement notice relates;

(b) references to the floor space or the number of dwellinghouses to be created by the development shall be construed as references to the floor space or the number of dwellinghouses to which that enforcement notice relates; and

(c) references to the purposes for which it is proposed that floor space shall be used shall be construed as references to the purposes for which floor space was stated to be used in the enforcement notice.

PART 2 scales of fees

Category of development	Fee payable
1.  All Buildings	Outline applications £200 for each 0.1 hectare of the site area subject to a maximum of £8,000.
2.  The erection of dwellinghouses	Full and Reserved Matters (A) Where the application is for one dwellinghouse only, £550. (B) Where the application is for more than one dwellinghouse, £550 for the first dwellinghouse and £200 for each additional dwellinghouse subject to a maximum of £10,000.
3.  The extension, improvement or alteration of an existing dwelling house, including the erection of a building or the carrying out of other operations within the curtilage of a dwellinghouse for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of a curtilage of an existing dwellinghouse.	£225 for each dwelling.
4.  The erection of industrial, commercial, community and other buildings, other than dwellinghouses or buildings covered by category 2.	Full and Reserved Matters £200 where no floor space is created or £200 for each 75 sq.m. of floor space subject to a maximum of £10,000.
5.  The erection, alteration or replacement of plant and machinery including telecommunications/datacommunications equipment and wind farms.	£200 for each 0.1 hectare of the site area subject to a maximum of £10,000.
6.  The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes and for agricultural and commercial glasshouses.	£755 for each 500 sq.m. of floor space subject to a maximum of £10,000.
7.  The winning and working of peat.	£150 for each 5 hectares of the site area subject
	to a maximum of £27,000.
8.—(a) The winning and working of minerals (other than peat).	£1,500 for each 0.5 hectare of the site area subject to a maximum of £32,450.
(b) The carrying out of any operations connected with exploratory drilling for oil or natural gas.
(c) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land or the use of land for the storage of minerals in the open.
(d) The carrying out of any other operation not coming within any of the above categories.
9.  The construction of single level car parks, service roads and other means of access on land used for the purpose of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.	£200.
10.—(a) The continuance of a use of land or the retention of buildings or works on land, without compliance with a condition subject to which a previous planning permission has been granted (including a condition requiring the discontinuance of the use or the removal of the building or works at the end of the specified period). (b) An application to develop land without compliance with a condition subject to which a previous planning permission has been granted.	£200.
11.  An application for a material change of use.	(A) Where the application relates to a dwellinghouse, £550 for the first dwellinghouse and £200 for each additional dwellinghouse.
	(B) For any other change of use, £200 for each 75 sq.m. of floor space.
12.  Demolition in an area of townscape character or an area of village character.	£50.
13.  Any other application not falling within categories 1-12.	£660.

Regulation 16

SCHEDULE 2 FEES FOR HAZARDOUS SUBSTANCES CONSENT

Category of development	Fee payable
1.  Presence of hazardous substances on, over or under land.	(A) (i) Where Article 58(1) applies (new consent without previous conditions), £270; (ii) Where Article 58(1) does not apply and the quantity specified in the application as the maximum quantity proposed to be present exceeds twice the controlled quantity, £340; (iii) In all other cases, £270.
	(B) A fee of £540 shall be payable to the Department in respect of an application for the continuation of hazardous substances consent under Article 60.

Regulation 20

SCHEDULE 3 REGULATIONS REVOKED

Regulations revoked	References
Regulation 20 of the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993	S.R. 1993 No. 275
Planning (Fees) Regulations (Northern Ireland) 1995 except for Regulation 17 (Fees for Appeals)	S.R. 1995 No. 78
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1996	S.R. 1996 No. 41
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1997	S.R. 1997 No. 104
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1998	S.R. 1998 No. 223
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2001	S.R. 2001 No. 225
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2003	S.R. 2003 No. 41
Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003	S.R. 2003 No. 446
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2004	S.R. 2004 No. 102