2A.—(1) Where the Secretary of State gives advice about applying for any permission, approval or consent under section 62A of the 1990 Act (“pre-application advice”), a fee shall be paid to the Secretary of State.
(2) The fee payable in respect of pre-application advice shall be the time (in hours or parts thereof) spent by a planning inspector, or as the case may be, a planning officer, giving such advice multiplied by—
(a)where the advice is given by a planning inspector, the hourly rate for a planning inspector; or
(b)where the advice is given by a planning officer, the hourly rate for a planning officer.
(3) The hourly rate for a planning inspector, and for a planning officer, shall be—
(a)set from time to time by the Secretary of State;
(b)calculated by reference to the average hourly cost to the Secretary of State of providing the services of a planning inspector or, as the case may be, a planning officer;
(c)set at a level which ensures that, taking one financial year with another, the income from fees charged for pre-application advice does not exceed the cost of providing that advice; and
(d)published by the Secretary of State in such manner as the Secretary of State considers appropriate.
(4) In this regulation—
“planning inspector” means a person appointed by the Secretary of State under section 76D(1) of, or paragraph 1 of Schedule 6 to, the 1990 Act at any time in the 12 months preceding the request for advice; and
“planning officer” means an officer of the Department for Communities and Local Government working for the part of that Department known as the Planning Inspectorate.]
Textual Amendments