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

[F1 Pre-application advice given by a Mayoral development corporation or an urban development corporation E+W

2B.— (1) Subject to paragraph (2), where a Mayoral development corporation or an urban development corporation (“the corporation”), gives advice to a person at the request of that person about applying for any permission, approval or consent under Part 3 of the 1990 Act (“pre-application advice”), the corporation shall charge that person a fee.

(2) The corporation may only charge a fee for pre-application advice under paragraph (1) if—

(a) a fee schedule has been adopted by the corporation in accordance with paragraphs (3) and (4);

(b) the requirements of paragraph (5) have been met;

(c) the fee schedule has come into effect on or before the date on which the request for pre-application advice is made;

(d) the fee schedule meets the requirements in paragraph (6);

(e) the fee schedule provides for a fee to be charged for that advice; and

(f) the fee is calculated in accordance with the fee schedule.

(3) A fee schedule is adopted when the corporation resolves to adopt it.

(4) A corporation may only adopt a fee schedule if it has published a copy of the proposed fee schedule—

(a) in one or more newspapers, whose circulation or combined circulations cover the corporation’s area; and

(b) on its website,

at least 21 days before the fee schedule is adopted.

(5) Within 5 days of adopting the fee schedule, the corporation must publish a copy of it on its website and make hard copies of it available on request.

(6) The fee schedule referred to in paragraph (2) must—

(a) set out how a fee charged under paragraph (1) is to be calculated; and

(b) specify the date on which it comes into effect, which may not be earlier than 10 days after the day on which it is adopted.

(7) The corporation may amend a fee schedule at any time and, in relation to the charging of a fee under paragraph (1) for advice to which the amendment relates, paragraphs (2) to (6) apply but as if for “fee schedule” there were substituted “amended fee schedule”.]

Textual Amendments

F1 Reg. 2B inserted (17.1.2018) by The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017 (S.I. 2017/1314), regs. 1(1), 4(2)