The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017

Amendments in relation to fees for pre-application advice given by a Mayoral development corporation or an urban development corporation

4.—(1) In regulation 2 of the 2012 Regulations—

(a) before the definition of “the 1990 Act” insert—

““the 1980 Act” means the Local Government, Planning and Land Act 1980;”(1);

(b) after the definition of “landfill site” insert—

““Mayoral development corporation” means a corporation which is—

(a)

established for a Mayoral development area, and

(b)

specified as the local planning authority for the purposes of Part 3 of the 1990 Act for all or part of that area,

by an order made by the Secretary of State under section 198 of the Localism Act 2011;(2); and”(2); and

(c) after the definition of “site visit” omit the word “and” and insert—

““urban development corporation” means a corporation which is—

(a)

established for an urban development area by an order made by the Secretary of State under section 135 of the 1980 Act; and

(b)

specified as the local planning authority for the purposes of Part 3 of the 1990 Act, for all or part of that area in an order made by the Secretary of State under section 149 of the 1980 Act; and”.

(2) After regulation 2A of the 2012 Regulations insert—

“Pre-application advice given by a Mayoral development corporation or an urban development corporation

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”.”.

(1)

1980 c.65. Section 135 was amended by section 179(4) of the Leasehold Reform, Housing and Urban Development Act 1993 c.28; section 149 has been amended by sections 3 and 4 of, and Schedule 1 to, and paragraph 44(6) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). See also sections 7 and 7A of the 1990 Act (c.8). Section 7A of the 1990 Act was inserted by section 222 of the Localism Act 2011 (c.20). For the definition of “urban development area” see section 134 of the 1980 Act.

(2)

2011 c.20. For the definition of “Mayoral development area” see section 197 of the Act.