[F2(1)This section applies if the appropriate authority appoints a person to carry out or hold a qualifying procedure.
(1A)A qualifying procedure is—
(a)an independent examination under section 20 or 64 of the Planning and Compulsory Purchase Act 2004;
(b)a local inquiry or other hearing under paragraph 8(1)(a) of Schedule 7;
(c)the consideration of objections under paragraph 8(1)(b) of that Schedule.
(1B)[F3The] [F3Where a local planning authority cause a qualifying procedure to be carried out or held, the] appropriate authority is—
(a)the Secretary of State if the local planning authority causing the procedure to be carried out or held is in England;
(b)the National Assembly for Wales if the local planning authority causing the procedure to be carried out or held is in Wales.]
[F4(1C)Where the qualifying procedure is an independent examination of a strategic development plan under section 64 of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Welsh Ministers.]
(2)The [F5appropriate authority] may require the whole or any part of the costs borne by [F6it] in relation to the qualifying [F7procedure] to be paid by the local planning authority [F8or strategic planning panel] causing the qualifying [F7procedure] to be held.
(3)The [F5appropriate authority] may cause the amount of any such costs to be certified; and any amount so certified and required by [F6it] to be paid by a local planning authority [F9or strategic planning panel] shall be recoverable from that authority [F10or panel] as a civil debt.
(4)What may be recovered under this section by the [F5appropriate authority] is the entire administrative cost of, or incidental to, the qualifying [F7procedure] , so far as borne by [F6it] , including, in particular, such reasonable amount or element as [F11it] may determine in respect of the general staff costs and overheads of his department.
(5)For the purposes of subsection (4), the [F5appropriate authority] may by regulations prescribe a standard daily amount in relation to any description of qualifying [F7procedure] and any description of person appointed to hold it, F12. . . and where, in relation to a qualifying [F7procedure] of that description, a person of that description is or has been so appointed, what may be recovered in respect of that qualifying [F7procedure] by virtue of the appointment of that person F12. . . is—
(a)the prescribed standard amount from time to time applicable in the case of that qualifying [F7procedure] and that person in respect of each day, or an appropriate proportion of that amount in respect of a part of a day, on which that person is engaged in the holding of, or is otherwise engaged on work connected with, the qualifying [F7procedure] ;
(b)any costs actually incurred on travelling or subsistence allowances payable to that person in connection with the qualifying [F7procedure] ;
(c)any costs attributable to the appointment of an assessor to assist that person F13. . . and
(d)any other costs attributable to the appointment of that person.
(6)The cost of, or incidental to, a qualifying [F7procedure] which does not take place may be recovered by the [F5appropriate authority] from the local planning authority [F14or strategic planning panel] from which it would have been recoverable, had the qualifying [F7procedure] taken place, to the same extent, and in the same way, as the cost of, or incidental to, a qualifying [F7procedure] which does take place.
(7)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(9A)References to a local planning authority [F17or strategic planning panel] causing a qualifying inquiry to be held include references to a requirement under the Planning and Compulsory Purchase Act 2004 on the authority [F18or panel] to submit a plan to the appropriate authority for independent examination.]
(10)In this section—
(a)any reference to costs borne by the [F19appropriate authority] includes a reference to costs which, apart from this section, would fall, or would have fallen, to be borne by [F20it] ; and
(b)any reference to any remuneration or allowance being paid or payable to a person includes a reference to its being paid or payable for him.
(11)This section applies in relation to costs arising before, as well as costs arising after, its coming into force.]
Textual Amendments
F1S. 303A inserted (8.11.1995) by 1995 c. 49, s. 1(1)
F2S. 303A(1)-(1B) substituted (28.9.2004 (E.), 15.10.2005 (W.)) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 118, Sch. 6 para. 11(2), (with s. 111); S.I. 2004/2202, art. 2; S.I. 2005/2847, art. 2
F3Words in s. 303A(1B) substituted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(2)
F4S. 303A(1C) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(3)
F5Words in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)
F6Word in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)
F7Word in s. 303A(2)(4)(5)(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(4) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)
F8Words in s. 303A(2) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(4)
F9Words in s. 303A(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(5)(a)
F10Words in s. 303A(3) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(5)(b)
F11Word in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)
F12Words in s. 303A(5) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(5) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)
F13Words in s. 303A(5)(c) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(5)(c) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)
F14Words in s. 303A(6) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(6)
F15S. 303A(7)-(9) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(6) (with s. 111); S.I. 2004/2202, art. 2 Sch .1 (subjject to transitional provisions and savings in art. 4) ; S.I. 2005/2847, art. 2 Sch. 1 (subjject to transitional provisions and savings in art. 3)
F16S. 303A(9A) inserted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(7) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subjject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subjject to transitional provisions and savings in art. 3)
F17Words in s. 303A(9A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(7)(a)
F18Words in s. 303A(9A) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(7)(b)
F19Words in s. 303A(10)(a) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)
F20Word in s. 303A(10)(a) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)
Modifications etc. (not altering text)
C1S. 303A modified (8.11.1995) by 1995 c. 49, s. 1(2)(3)(4)
S. 303A restricted (8.11.1995) by 1995 c. 49, s. 2(14)