12Fees for planning applicationsU.K.
(1)The appropriate Ministers may by regulations make provision about fees for relevant planning applications.
(2)Regulations under subsection (1) may in particular—
(a)make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount;
(b)make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances;
(c)make provision for a prescribed fee to be treated as paid in prescribed circumstances;
(d)make provision about the time for payment of a prescribed fee;
(e)make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal;
(f)make provision for the resolution of disputes.
(3)Regulations under subsection (1) may—
(a)make such supplementary, incidental or consequential provision as the appropriate Ministers think fit, and
(b)make different provision for different cases.
(4)The power to make regulations under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)Nothing in regulations under section 303 of the Town and Country Planning Act 1990 (fees for planning applications) shall apply to a relevant planning application.
(6)In this section—
“appropriate Ministers” means the Secretary of State for [F1Levelling Up, Housing and Communities] and the Secretary of State for Transport acting jointly;
“prescribed” means prescribed in regulations under subsection (1);
“relevant planning application” means a request for approval under the planning permission deemed by section 10(1) to be granted.
Textual Amendments
F1Words in s. 12(6) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 19(a) (with art. 12)
Modifications etc. (not altering text)
C1S. 12 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3
C2S. 12 applied (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), art. 1, Sch. 4 para. 1(a)