The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008

Citation, commencement and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008 and shall come into force on 6th April 2008.

(2) These Regulations apply in relation to England only.

Amendment of Regulations

2.—(1) The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989(1) are amended as follows.

(2) After regulation 1(2)(a) (application), insert —

“(aa) to requests for confirmation that a condition or conditions attached to a grant of planning permission has been complied with where the request is made on or after 6th April 2008;”.

(3) In regulation 10A (fees for applications for certificates of lawful use or development)—

(a) in paragraph (5)(b), for “£135” substitute “£170”;

(b) in paragraph (6)(a), for “£265” substitute “£335”; and

(c) in paragraph (6)(b)—

(i) for “£13,250” substitute “£16,565”, and

(ii) for “£50,000” substitute “£250,000”.

(4) In regulation 11A (fees for certain applications under the General Permitted Development Order)—

(a) in paragraph (1)(a), for “£50” substitute “£70”; and

(b) in paragraph (1)(b), for “£265” substitute “£335”.

(5) After regulation 11B (fees in respect of the monitoring of mining and landfill sites), insert —

“Fee for confirmation of compliance with condition attached to planning permission: England

11D.— (1) Where a request is made to a local planning authority for written confirmation of compliance with a condition or conditions attached to a grant of planning permission, a fee shall be paid to that authority as follows—

(a) where the request relates to a permission for development which falls within category 6 or 7(a) of Part 2 to Schedule 1, £25 for each request;

(b) where the request relates to a permission for development which falls within any other category of that Schedule, £85 for each request.

(2) Any fee paid under this regulation shall be refunded if the local planning authority fails to give the written confirmation requested within a period of twelve weeks from the date on which the authority received the request.”.

(6) In Part 1 of Schedule 1 (general provisions)—

(a) in paragraphs 4(1) and 6(2), for “£265” substitute “£335”;

(b) in paragraphs 7 and 7A, for “£135” substitute “£170”;

(c) omit paragraph 7B;

(d) in paragraph 15(2)(a), for “£265”, substitute “£335”;

(e) in paragraph 15(2)(b)–

(i) for “£6,625” substitute “£8,285”; and

(ii) for “£25,000” substitute “£125,000”.

(7) For Part 2 of Schedule 1 (scale of fees), substitute the Part set out in Schedule 1 to these Regulations.

(8) For Schedule 2 (scale of fees for advertisement applications), substitute the Schedule set out in Schedule 2 to these Regulations.

Revocation

3.  The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005(2) are revoked.

Signed by authority of the Secretary of State for Communities and Local Government

Iain Wright

Parliamentary Under Secretary of State

Department for Communities and Local Government

2nd April 2008