[F187 Fees for planning applications etc.E+W+S
(1)The Secretary of State may by regulations make such provision as he thinks fit for the payment of a fee of the prescribed amount to [F2a local planning authority in England or Wales or] a planning authority in Scotland in respect of an application made to them under the planning enactments for any permission, consent, approval, determination or certificate.
(2)Regulations under subsection (1) above may provide for the transfer—
(a)
F3(b)of prescribed fees received in respect of any application or class of applications by a district planning authority in Scotland to a regional planning authority where the regional planning authority have exercised the powers conferred upon them by section 179(1) of the M1Local Government (Scotland) Act 1973.
(3)The Secretary of State may by regulations make such provision as he thinks fit for the payment to him of a fee of the prescribed amount in respect of an application for planning permission which is deemed to be made to him under the planning enactments.
(4)Regulations under subsection (1) or (3) above may provide for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances.
(5)Regulations under subsection (1) or (3) of this section shall be made by statutory instrument.
(6)No such regulations shall be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
(7)Any sum paid to the Secretary of State under this section shall be paid into the Consolidated Fund.
(8)In this section “the planning enactments” means—
(a)
F3(b)in Scotland, the M2Town and Country Planning (Scotland) Act 1972 and orders and regulations made under it,
and “prescribed” means prescribed by regulations under subsection (1) or (3) of this section.
[F4(9)Without prejudice to the generality of subsection (1) above, the reference in that subsection to an application for any consent includes, in relation to a planning authority in Scotland, an application under section 56K(2) of the Town and Country Planning (Scotland) Act 1972 for the continuation of hazardous substances consent.]]
Textual Amendments
F1S. 87 repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II
F2Words repealed (S.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III
F3S. 87(2)(a), (8)(a) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III
F4S. 87(9) inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 164(3), Sch. 13 Pt. II para. 13
Marginal Citations
M11973 c. 65 (81:2)
M21972 c. 52 (123:1, 2).