Town and Country Planning Act 1990

[F1 303A Responsibility of local planning authorities for costs of holding certain inquiries etc. E+W

[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[F3 , 21(5)(b), 27(3)(a)] 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) [F4 Where 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.]

[F5 (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 [F6 appropriate authority] may require the whole or any part of the costs borne by [F7 it] in relation to the qualifying [F8 procedure] to be paid by the local planning authority [F9 or corporate joint committee] causing the qualifying [F8 procedure] to be held.

(3) The [F6 appropriate authority] may cause the amount of any such costs to be certified; and any amount so certified and required by [F7 it] to be paid by a local planning authority [F10 or corporate joint committee] shall be recoverable from that authority [F11 or committee] as a civil debt.

(4) What may be recovered under this section by the [F6 appropriate authority] is the entire administrative cost of, or incidental to, the qualifying [F8 procedure] , so far as borne by [F7 it] , including, in particular, such reasonable amount or element as [F12 it] may determine in respect of the general staff costs and overheads of his department.

(5) For the purposes of subsection (4), the [F6 appropriate authority] may by regulations prescribe a standard daily amount in relation to any description of qualifying [F8 procedure] and any description of person appointed to hold it, F13 . . . and where, in relation to a qualifying [F8 procedure] of that description, a person of that description is or has been so appointed, what may be recovered in respect of that qualifying [F8 procedure] by virtue of the appointment of that person F13 . . . is—

(a) the prescribed standard amount from time to time applicable in the case of that qualifying [F8 procedure] 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 [F8 procedure] ;

(b) any costs actually incurred on travelling or subsistence allowances payable to that person in connection with the qualifying [F8 procedure] ;

(c) any costs attributable to the appointment of an assessor to assist that person F14 . . . and

(d) any other costs attributable to the appointment of that person.

(6) The cost of, or incidental to, a qualifying [F8 procedure] which does not take place may be recovered by the [F6 appropriate authority] from the local planning authority [F15 or corporate joint committee] from which it would have been recoverable, had the qualifying [F8 procedure] taken place, to the same extent, and in the same way, as the cost of, or incidental to, a qualifying [F8 procedure] which does take place.

(7) F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (9A) A reference to a local planning authority [F18 or corporate joint committee] causing a qualifying procedure to be carried out includes a reference to the case where under the Planning and Compulsory Purchase Act 2004—

(a) the local planning authority [F19 or corporate joint committee] are required to submit a document to the appropriate authority for independent examination, or

(b) the Secretary of State holds an independent examination in relation to a document prepared by the local planning authority, or by the Secretary of State under section 27(2)(a) of that Act.]

(10) In this section—

(a) any reference to costs borne by the [F20 appropriate authority] includes a reference to costs which, apart from this section, would fall, or would have fallen, to be borne by [F21 it] ; 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

F1 S. 303A inserted (8.11.1995) by 1995 c. 49, s. 1(1)

F2 S. 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

F3 Words in s. 303A(1A) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 148(2), 216(3); S.I. 2016/733, reg. 4(1)(f)

F4 Words in s. 303A(1B) substituted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(2); S.I. 2021/7, reg. 2(c)

F5 S. 303A(1C) inserted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(3); S.I. 2021/7, reg. 2(c)

F6 Words 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)

F7 Word 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)

F8 Word 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)

F9 Words in s. 303A(2) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 26(2)

F10 Words in s. 303A(3) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 26(3)(a)

F11 Words in s. 303A(3) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 26(3)(b)

F12 Word 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)

F13 Words 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)

F14 Words 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)

F15 Words in s. 303A(6) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 26(4)

F16 S. 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)

F17 S. 303A(9A) substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 148(3), 216(3); S.I. 2016/733, reg. 4(1)(f)

F18 Words in s. 303A(9A) inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 26(5)(a)

F19 Words in s. 303A(9A)(a) inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 26(5)(b)

F20 Words 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)

F21 Word 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)

C1 S. 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)