The Planning (Fees) Regulations (Northern Ireland) 2005

Fees for applications for certificates of lawful use or development

18.—(1) Subject to paragraphs (2), (3) and (4), an application made to the Department under Article 83A or 83B of the 1991 Order shall be accompanied by a fee.

(2) Paragraph (1) shall not apply where the Department is satisfied that it relates solely to the carrying out of operations specified in regulation 4 for the purposes specified in that regulation.

(3) Where all of the conditions set out in paragraph (4) are satisfied, paragraph (1) shall not apply to an application which is made following the withdrawal (before notice of decision was issued) of an application made by or on behalf of the same applicant.

(4) The conditions referred to in paragraph (3) are –

(a) that the application is made before the end of a period of 12 months following the date when the withdrawn application was made;

(b) that the application relates to the same site as that to which the earlier application related, or to part of that site and to no other land;

(c) that the Department is satisfied that it relates to a use, operation or other matter of the same description as the use, operation or matter to which the earlier application related and to no other use, operation or matter;

(d) that the fee payable in respect of the earlier application was paid; and

(e) that no application made by or on behalf of the same applicant in relation to the whole or any part of the site has already been exempted from this regulation by paragraph (3).

(5) Subject to paragraphs (6), (7) and (8), the fee payable in respect of an application to which this regulation applies shall be –

(a) in the case of an application under Article 83A(1)(a) or (b) (or under both sub-paragraphs), the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be);

(b) in the case of an application under Article 83A(1)(c), £200;

(c) in the case of an application under Article 83B(1)(a) or (b) (or under both sub-paragraphs), half the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be).

(6) Where a use specified in an application under Article 83A(1)(a) is comprised of or includes a use as one or more separate dwellinghouses, the fee payable in respect of that application shall be £200 for each dwellinghouse subject to a maximum fee of £10,000 for the application.

(7) Where an application is made under Article 83A(1)(a) or (b) (or under both sub-paragraphs) and under Article 83A(1)(c), the fee payable shall be the sum of the fees that would have been payable if there had been an application under Article 83A(1)(a) or (b) (or under both sub-paragraphs, as the case may be) and a separate application under Article 83A(1)(c).

(8) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.