2008 No. 958
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008
Made
Coming into force
The Secretary of State, in exercise of the powers conferred by section 303 of the Town and Country Planning Act 19901, makes the following Regulations, a draft of which has been laid before and approved by each House of Parliament:
Citation, commencement and application1
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 Regulations2
1
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 19892 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: England11D
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.
Revocation3
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 20053 are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
SCHEDULE 1PART SUBSTITUTED FOR PART 2 OF SCHEDULE 1 TO THE 1989 REGULATIONS
PART 2
Category of Development | Fee Payable |
---|---|
I Operations | |
1. The erection of dwelling houses (other than development in category 6) |
|
2. The erection of buildings (other than buildings in categories 1, 3, 4, 5 or 7). |
|
3. The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). |
|
4. The erection of glasshouses on land used for the purposes of agriculture |
|
5. The erection, alteration or replacement of plant or machinery |
|
6. The enlargement, improvement or other alteration of existing dwelling houses |
|
7(a) The carrying out of operations (including the erection of a building) within the curtilage of an existing dwelling house, for purposes ancillary to the enjoyment of the dwelling house as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwelling house | £150 |
(b) The construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land | £170 |
8. The carrying out of any operations connected with exploratory drilling for oil or natural gas |
|
9. The carrying out of any operations not coming within any of the above categories. |
|
II Uses of Land | |
10. The change of use of a building to use as one or more separate dwelling houses. |
|
11(a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land; (b) the use of land for the storage of minerals in the open. |
|
12. The making of a material change in the use of a building or land (other than a material change of use in category 10, 11(a) or 11(b)) | £335 |
SCHEDULE 2SCHEDULE SUBSTITUTED FOR SCHEDULE 2 TO THE 1989 REGULATIONS
SCHEDULE 2
Category of Development | Fee Payable |
---|---|
1. Advertisements displayed externally on business premises, the forecourt of business premises or other land within the curtilage of business premises, wholly with reference to all or any of the following matters-
| £95 |
2. Advertisements for the purpose of directing members of the public to, or otherwise drawing attention to the existence of, business premises which are in the same locality as the site on which the advertisement is to be displayed but which are not visible from that site. | £95 |
3. All other advertisements. | £335 |
(This note is not part of the Regulations)