Town and Country Planning Act 1990

[F1 303 Fees for planning applications etc. E+W

(1) The appropriate authority may by regulations make provision for the payment of a fee or charge to a local planning authority in respect of—

(a) the performance by the local planning authority of any function they have;

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

[F2 (1ZZA) References in subsection (1) to functions of a local planning authority do not, in the case of a local planning authority in Wales, include functions under the Historic Environment (Wales) Act 2023 (as to which, see section 167 of that Act).]

[F3 (1ZA) The Secretary of State may by regulations make provision for the payment of a fee to—

(a) the Mayor of London in respect of an application for consent, agreement or approval as mentioned in section 61DB(2) or the giving of advice about such an application;

(b) a specified person in respect of an application for consent, agreement or approval for which provision is made under section 61DB(4) or the giving of advice about such an application.]

[F4 (1A) The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of—

(a) any application made to the Secretary of State under section 62A;

(b) the giving of advice about applying under section 62A for any permission, approval or consent or for anything else for which an application may be made under that section.]

[F5 (1B) The Welsh Ministers may by regulations make provision for the payment of a fee or charge to the Welsh Ministers in respect of—

(a) the performance by the Welsh Ministers of any function they have in respect of an application under section 62D (developments of national significance), section 62M (option to make application directly to Welsh Ministers) or section 62O (connected applications);

(b) anything done by the Welsh Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function.

(1C) References in subsection (1B) to functions that the Welsh Ministers have in respect of an application include references—

(a) in the case of an application under section 62D, to any functions that the Welsh Ministers have in respect of a secondary consent to which, by virtue of the connection between the consent and the application under section 62D, section 62F(2) applies;

(b) to any functions that the Welsh Ministers have, by virtue of provision under section 61Z1, in respect of an application proposed to be made to the Welsh Ministers under section 62D, 62F, 62M or 62O.]

(2) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority or the local planning authority (or of fees to both the appropriate authority and the local planning authority) in respect of any application for planning permission deemed to be made under section 177(5).

(3) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of any application for planning permission which is deemed to be made to the appropriate authority under—

(a) any provision of this Act other than section 177(5), or

(b) any order or regulations made under this Act.

(4) The [F6 appropriate authority] [F6 Welsh Ministers] may by regulations make provision for the payment of a fee to the [F6 appropriate authority] [F6 Welsh Ministers] in respect of an application for planning permission [F7 or permission in principle] made under section 293A (urgent Crown development).

[F8 (4A) The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of an application under section 293B, 293D or 293E.]

(5) Regulations under this section may in particular—

(a) make provision as to when a fee or charge payable under the regulations is to be paid;

(b) make provision as to who is to pay a fee or charge payable under the regulations;

(c) make provision as to how a fee or charge payable under the regulations is to be calculated (including who is to make the calculation);

(d) prescribe circumstances in which a fee or charge payable under the regulations is to be remitted or refunded (wholly or in part);

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

(f) make provision as to the effect of paying or failing to pay a fee or charge in accordance with the regulations;

(g) prescribe circumstances in which a fee or charge payable under the regulations to one local planning authority is to be transferred to another local planning authority.

(6) Regulations under this section may—

F9 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of regulations made by virtue of subsection (5)(f) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

(7) In this section “the appropriate authority” means—

(a) the Secretary of State in relation to England;

(b) the Welsh Ministers in relation to Wales.

(8) No regulations shall be made under this section [F10 by the Secretary of State] unless a draft of the regulations has been laid before and approved by resolution of—

(a) each House of ParliamentF11 ...

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (8A) If a draft of regulations of the Secretary of State under this section would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.]

F13 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) If a local planning authority calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of performing the function or doing the thing (as the case may be).

(11) A financial year is the period of 12 months beginning with 1 April.]

Textual Amendments

F1 S. 303 substituted (6.4.2009 for E., 8.8.2014 for W.) by Planning Act 2008 (c. 29), ss. 199, 241(3)(4) (with s. 226); S.I. 2009/400, art. 5(f); S.I. 2014/1769, art. 2(b)

F2 S. 303(1ZZA) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 87 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F3 S. 303(1ZA) inserted (12.2.2015 for specified purposes) by Infrastructure Act 2015 (c. 7), s. 57(5)(d), Sch. 4 para. 19(2)

F4 S. 303(1A) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 10; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F5 S. 303(1B)(1C) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 18; S.I. 2016/52, art. 3(e)

F6 Words in s. 303(4) substituted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 8(a) (with s. 247)

F7 Words in s. 303(4) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 36; S.I. 2016/733, reg. 3(d)

F8 S. 303(4A) inserted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 8(b) (with s. 247)

F9 S. 303(6)(a) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 130(3)(e), 255(3)(a) (with s. 247)

F10 Words in s. 303(8) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(5)(a)(i)

F11 Words in s. 303(8) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(5)(a)(ii)

F12 S. 303(8A) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 157, 216(1)(d)

F13 S. 303(9) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(5)(b)

Modifications etc. (not altering text)

C1 S. 303 restricted (18.12.1996) by 1996 c. 61, s. 11(5)

C2 S. 303 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), s. 12(5)