The Crossrail (Fees for Requests for Planning Approval) Regulations 2008

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 30(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  Where a request for which the prescribed fee has been paid is withdrawn, and within a period of 12 months beginning with the date of the receipt by the authority of the request, a similar request is made, no fee shall be payable in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 30(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 TABLE OF FEES PAYABLE

Category of development for which approval is sought: Fee Payable
1. PLANS AND SPECIFICATIONS FOR THE FOLLOWING WORKS
A. (i) The erection, construction, alteration or extension of a building (including any transformer or telecommunications mast) excluding anything in 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, construction or installation of lighting equipment	(a) Where no gross floor space is to be created by the development, £170; (b) where the area of gross floor space to be created by the development does not exceed 40 square metres, £170; (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, £335; (d) where the area of gross floor space to be created by the development exceeds 75 square metres but does not exceed 3750 square metres £335 for each 75 square metres or part thereof of that area; and (e) where the area of gross floor space to be created by the development exceeds 3750 square metres, £16,565 and an additional £100 for each 75 square metres or part thereof subject to a maximum of £250,000.
B. Where no gross floor space is to be created by the development	£170;
C. Construction, alteration or extension of any terracing, cuttings, embankments or other earth works.	£170 for each 0.1 hectares or part thereof of the site, subject to a maximum of £1,700.
D. The erection, construction, alteration or extension of a pedestrian access to the railway line.	£170
E. The disposal of waste or spoil or the excavations of bulk materials from borrow pits.	£170 for each 0.1 hectare or part thereof of the site area, subject to a maximum of £25,500.
F. Additional Details Request	£85
2. CONSTRUCTION ARRANGEMENTS
Road transport	£170
Handling of re-usable spoil or top soil	£170
Storage sites	£170
Construction camps	£170
Screening	£170
Artificial lighting	£170
Suppression of dust	£170
Mud on highway	£170
3. BRINGING INTO USE
Bringing into use works referred to in paragraph 9(3) or 17(3) of the Schedule.	£170
4. MITIGATION OR SITE RESTORATION SCHEMES
Mitigation or site restoration schemes.	£170