The Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) Regulations 1999

Statutory Instruments

1999 No. 327

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

TRIBUNALS AND INQUIRIES

The Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) Regulations 1999

Made

10th February 1999

Laid before Parliament

18th February 1999

Coming into force

15th March 1999

The Secretary of State for the Environment, Transport and the Regions, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 303A(5) of the Town and Country Planning Act 1990(1) and of all other powers enabling them in that behalf hereby make the following Regulations:–

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) Regulations 1999 and shall come into force on 15th March 1999.

Application

2.—(1) These Regulations apply in relation to any person, other than a person described in paragraph (2) below, appointed by the Secretary of State to hold, or as one of the persons who are to hold, a qualifying inquiry opening on or after the date on which these Regulations come into force.

(2) These Regulations do not apply in relation to any person who is appointed to conduct, or is appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act”) and whose remuneration and travelling or subsistence allowances (if any) in respect of that appointment are to be paid as mentioned in subsection (7) of section 303A of the 1990 Act.

Standard daily amount

3.  The standard daily amount prescribed under section 303A(5) of the 1990 Act is £430.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Richard G. Caborn

Minister of State,

Department of the Environment, Transport and the Regions

5th February 1999

Signed by the authority of the Secretary of State for Wales

Jon Owen Jones

Parliamentary Under Secretary of State, Welsh Office

10th February 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England and Wales, apply where the Secretary of State is authorised to recover costs borne by him in connection with unitary development plan, local plan or simplified planning zone inquiries or other hearings or examinations in public in respect of structure plans (“qualifying inquiries”).

These Regulations specify a standard daily amount which may be charged for each day the person appointed to hold it is engaged in the conduct of the inquiry or other hearing or is otherwise engaged on work connected with it. The amount is £430 per day in relation to qualifying inquiries opening on or after 15th March 1999. This is an increase of approximately 26% of the previous standard daily amount.

These Regulations do not apply in relation to a person who is appointed to conduct an examination in public, under section 35B(1) of the Town and Country Planning Act 1990, where that person’s remuneration and travelling or subsistence allowances (if any) are to be paid by the local planning authority. The Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) Regulations 1996 (S.I. 1996/2382) apply in such cases.

(1)

1990 c. 8. Section 303A of the Town and Country Planning Act 1990 was inserted by section 1 of the Town and Country Planning (Costs of Inquiries etc.) Act 1995 (c. 49). See section 336(1) of the 1990 Act for the definition of “prescribed”.