Planning Act (Northern Ireland) 2011

Fees and charges N.I.

223—(1) The Department may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—

(a) the performance by a council or the Department of any function the council or the Department has under this Act;

(b) anything done by a council or the Department which is calculated to facilitate or is conducive or incidental to the performance of any such function.

(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for the payment of a charge or fee in respect of a function mentioned in subsection (3)(a) to be a multiple of the charge or fee payable in respect of a function mentioned in subsection (3)(b).

(3) The functions are—

(a) functions relating to the determination of an application for planning permission for development begun before the application was made;

(b) functions relating to the determination of an application for planning permission other than an application referred to in paragraph (a).

(4) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for the payment of a charge or fee in respect of a function mentioned in subsection (5)(a) to be a multiple of the charge or fee payable in respect of a function mentioned in subsection (5)(b).

(5) The functions are—

(a) functions relating to the determination of an application for an approval under a development order for development begun before the application was made;

(b) functions relating to the determination of an application for an approval under a development order other than an application referred to in paragraph (a).

(6) Section 63(2) shall apply in determining for the purposes of this section when development shall be taken to be begun.

(7) The Office of the First Minister and deputy First Minister may by regulations make such provision as it thinks fit for the payment of a charge or fee of the prescribed amount in respect of—

(a) an application for planning permission which is deemed to be made to the planning appeals commission under this Act;

(b) an appeal to the planning appeals commission under this Act.

(8) Without prejudice to the generality of subsection (7), regulations made under that subsection may provide for the payment of a charge or fee in respect of an application mentioned in paragraph (a) of that subsection to be a multiple of the charge or fee to be paid under regulations made under subsection (1) in relation to the determination by a council or the Department of an application for planning permission for development not begun before the application was made.

(9) Regulations under this section may prescribe—

(a) the person by whom any charge or fee is payable;

(b) provision as to the calculation of any charge or fee (including provision as to who is to make the calculation);

(c) circumstances in which no charge or fee is to be paid;

(d) circumstances in which any charge or fee paid is to be remitted or refunded (in whole or in part);

(e) circumstances in which a charge or fee is to be transferred from one council to another.

Modifications etc. (not altering text)

C1 S. 223 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11

C2 Ss. 223 224: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

C3 S. 223(7): transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 5 (with art. 9(2))

C4 S. 223(7)(b) applied with modification(s) (15.3.2016) by The Emissions Performance Standard Monitoring and Enforcement Regulations (Northern Ireland) 2016 (S.R. 2016/28), regs. 1, 12, Sch. 1 para. 4

C5 S. 223(7)(b) modified (12.11.2020) by The Greenhouse Gas Emissions Trading Scheme Order 2020 (S.I. 2020/1265), art. 2(1), Sch. 10 para. 1(2) (with art. 76)

C6 S. 223(7)(b) modified (31.12.2020 immediately before IP completion day) by S.I. 2012/3038, Sch. 12 para. 4 (as amended by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 42(c) (with reg. 46))

Commencement Information

I1 S. 223 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2 S. 223 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)