The Channel Tunnel Rail Link (Fees for Requests for Planning Approval) Regulations 1997

Regulation 3

SCHEDULE 1 CASES IN WHICH NO FEE IS PAYABLE

1.  No fee shall be payable in respect of a request where, on the date of such request, there is in effect a written agreement between the undertaker and the authority under which the undertaker agrees to make a financial contribution to the authority’s costs incurred in handling requests.

2.  In paragraphs 3, 4, 5 and 6 below:

“deemed refusal” means deemed refusal of a request pursuant to paragraph 32(3) of the Schedule, and “deemed to be refused” shall be construed accordingly;

“operation” means any operation, work, matter or scheme (including any arrangements with respect to a matter, any bringing into use of works or any additional details) for which approval is required; and

“similar request” means one further request which is made to the same authority and which relates solely to:

(a)

the whole or part of the same site as that to which an earlier request related (and to no other land); and

(b)

an operation which is, in the opinion of the authority, of the same character or description as that which was the subject of the earlier request.

3.  Where a request for which the prescribed fee has been paid is withdrawn, and within a period of 12 months beginning with the date of the receipt by the authority of the request, a similar request is made, no fee shall be payable in respect of that similar request.

4.  Where:

(a) a request for which the prescribed fee has been paid is refused by the authority or is deemed to be so refused;

(b) no appeal is made in respect of the refusal or deemed refusal; and

(c) within a period of 12 months beginning with the date of such refusal or deemed refusal, a similar request is made—

no fee shall be payable in respect of that similar request.

5.  Where:

(a) a request for which the prescribed fee has been paid is refused, and an appeal is made in respect of it;

(b) the appeal is dismissed; and

(c) within a period of 12 months beginning with the date of the dismissal of the appeal, a similar request is made—

no fee shall be payable in respect of that similar request.

6.  Where:

(a) a request for which the prescribed fee has been paid is deemed to be refused, and an appeal is made in respect of it;

(b) within a period of 12 months beginning with the date of the expiry of the appropriate period mentioned in paragraph 32(4) of the Schedule, a similar request is made; and

(c) the appeal has not, on or before the date of making of that similar request, been determined in favour of the appellant—

no fee shall be payable in respect of that similar request.

Regulation 4

SCHEDULE 2 QUALIFYING AUTHORITIES

TABLE OF FEES APPLICABLE BEFORE 1ST OCTOBER 1997

Category of development for which approval is sought:	Fee payable:
1.  PLANS AND SPECIFICATIONS FOR THE FOLLOWING OPERATIONS OR WORKS (i) A.  The erection, construction, alteration or extension of a building (including any transformer or telecommunication mast) excluding anything within C below. (ii) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression, or any other fences or walls. (iii) The erection or construction of gantries or overhead line supports. (iv) The erection, construction, or installation of lighting equipment.	(a) Where no gross floor space is to be created by the development, £90; (b) where the area of gross floor space to be created by the development does not exceed 40 square metres, £90; (c) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £180; and (d) where the area of gross floor space to be created by the development exceeds 75 square metres, £180 for each 75 square metres, subject to a maximum of £9,000.
B.  The erection, construction, alteration or extension of a road vehicle park.	£90.
C.  The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.	£90 for each 0.1 hectare of the site area, subject to a maximum of £900.
(i) D.  The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic. (ii) The erection, construction, alteration or extension of a pedestrian access to the railway line.	£90.
E.  The disposal of waste or spoil or the excavation of bulk materials from borrow pits.	£90 for each 0.1 hectare of the site area, subject to a maximum of £13,500.
2.  ARRANGEMENTS
A.  Road transport; handling of re-usable spoil or top soil; screening; hours of working; artificial lighting; suppression of noise, dust and vibration; mud on highway; or highway access.	£90
B.  Storage sites or construction camps.	£90 for each 0.1 hectare of the site area, subject to a maximum of £900.
3.  BRINGING WORKS INTO USE
Bringing into use works referred to in paragraph 9(2) or 17(2) of the Schedule.	£90.
4.  MITIGATION OR SITE RESTORATION SCHEMES
Mitigation or site restoration schemes.	£90 for each 0.1 hectare of the site area, subject to a maximum of £13,500.

Regulation 5

SCHEDULE 3 NON-QUALIFYING AUTHORITIES

TABLE OF FEES APPLICABLE BEFORE 1ST OCTOBER 1997

Category of development for which approval is sought:	Fee payable:
A.  The erection, construction, alteration or extension of any building.	(a) where no gross floor space is to be created by the development, £90; (b) where the area of gross floor space to be created by the development does not exceed 40 square metres, £90; (c) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £180, and (d) where the area of gross floor space to be created by the development exceeds 75 square metres, £180 for each 75 square metres subject to a maximum of £9,000.
B.  The formation, laying out or alteration of any means of access to any highway used by vehicular traffic.	£90.

Regulation 7

SCHEDULE 4 QUALIFYING AUTHORITIES

TABLE OF FEES APPLICABLE ON AND AFTER 1ST OCTOBER 1997

Category of development for which approval is sought:	Fee payable:
1.  PLANS AND SPECIFICATIONS FOR THE FOLLOWING OPERATIONS OR WORKS
(i) A.  The erection, construction, alteration or extension of a building (including any transformer or telecommunication mast) excluding anything within C below. (ii) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression, or any other fences or walls. (iii) The erection or construction of gantries or overhead line supports. (iv) The erection, construction, or installation of lighting equipment.	(a) Where no gross floor space is to be created by the development, £95; (b) where the area of gross floor space to be created by the development does not exceed 40 square metres, £95; (c) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £190; and (d) where the area of gross floor space to be created by the development exceeds 75 square metres, £190 for each 75 square metres, subject to a maximum of £9,500.
B.  The erection, construction, alteration or extension of a road vehicle park.	£95.
C.  The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.	£95 for each 0.1 hectare of the site area, subject to a maximum of £950.
(i) D.  The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic. (ii) The erection, construction, alteration or extension of a pedestrian access to the railway line.	£95.
E.  The disposal of waste or spoil or the excavation of bulk materials from borrow pits.	£95 for each 0.1 hectare of the site area, subject to a maximum of £14,250.
2.  ARRANGEMENTS
A.  Road transport; handling of re-usable spoil or top soil; screening; hours of working; artificial lighting; suppression of noise, dust and vibration; mud on highway; or highway access.	£95.
B.  Storage sites or construction camps.	£95 for each 0.1 hectare of the site area, subject to a maximum of £950.
3.  BRINGING WORKS INTO USE
Bringing into use works referred to in paragraph 9(2) or 17(2) of the Schedule.	£95.
4.  MITIGATION OR SITE RESTORATION SCHEMES
Mitigation or site restoration schemes.	£95 for each 0.1 hectare of the site area, subject to a maximum of £14,250.

Regulation 8

SCHEDULE 5 NON-QUALIFYING AUTHORITIES

TABLE OF FEES APPLICABLE ON AND AFTER 1ST OCTOBER 1997

Category of development for which approval is sought:	Fee payable:
A.  The erection, construction, alteration or extension of any building.	(a) where no gross floor space is to be created by the development, £95; (b) where the area of gross floor space to be created by the development does not exceed 40 square metres, £95; (c) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £190, and (d) where the area of gross floor space to be created by the development exceeds 75 square metres, £190 for each 75 square metres subject to a maximum of £9,500.
B.  The formation, laying out or alteration of any means of access to any highway used by vehicular traffic.	£95.