Town and Country Planning Act 1990

303 Fees for planning applications, etc. E+W

[F1 (1) The appropriate authority may by regulations make provision for the payment of a charge or fee 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.

(2) The regulations may prescribe—

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

(b) provision as to the calculation of the charge or fee (including the person by whom it is to be calculated);

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

(d) circumstances in which a charge or fee is to be transferred from one local planning authority to another.

(2A) The appropriate authority is—

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

(b) the National Assembly for Wales in relation to Wales,

and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.]

(3) The Secretary of State may by regulations make such provision as he thinks fit for the payment

[F2 (a) of fees of prescribed amounts to him and to the local planning authority in respect of any application for planning permission deemed to be made under section 177(5); and

(b) of a fee of the prescribed amount to him in respect of any other]

application for planning permission which is deemed to be made to him under this Act or any order or regulations made under it.

(4) Regulations under subsection (1) or (3) may provide for the remission or refunding of a prescribed [F3 charge or] fee (in whole or in part) in prescribed circumstances.

(5) No such regulations shall be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

[F4 (5A) If the 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 the performance of the function or doing of the thing (as the case may be).

(5B) A financial year is the period of 12 months beginning with 1 April.]

(6) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 303(1)-(2A) substituted for s. 303(1)(2) (6.8.2004 for certain purposes and 7.3.2005 for E. otherwise and 1.4.2006 for W. otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 53(2), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/204, art. 2 (with savings in art. 4); S.I. 2006/931, art. 2

F2 S. 303(3)(a)(b) substituted (13.10.1991) for words in s. 303(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 6(6) (with s. 84(5)); S.I. 1991/2272, art. 2

F3 Words in s. 303(4) inserted (6.8.2004 for certain purposes and 7.3.2005 for E. otherwise and 1.4.2006 for W. otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 53(3), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/204, art. 2; S.I. 2006/931, art. 2

F4 S. 303(5A)(5B) inserted (6.8.2004 for certain purposes and 7.3.2005 for E. otherwise and 1.4.2006 for W. otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 53(4), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2005/204, art. 2; S.I. 2006/931, art. 2

F5 S. 303(6) repealed (6.8.2004 for certain purposes and 28.9.2004 for E. otherwise and 15.10.2005 for W. otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 53(5), 120, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 2, Sch. 1 (subject to art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to art. 3, Sch. 2)

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)