SCHEDULE 1Fees in Respect of Applications and Deemed Applications for Planning Permission or for Approval of Reserved Matters
PART 1Fees payable under regulation 3 or regulation 10
CHAPTER 1General
1
1
Subject to paragraphs 2 to 10, the fee payable under regulation 3 or regulation 10 shall be calculated in accordance with the table set out in Part 2 and paragraphs 11 to 14.
2
In this Part, a reference to a category is to a category of development specified in the table set out in Part 2; and a reference to a numbered category is to the category of development so numbered in the table.
3
In this Schedule “category of development” means—
a
in the case of an application for planning permission F3or permission in principle, the category of development in respect of which permission is being sought; and
b
in the case of an application for approval of reserved matters, the category of development authorised by the relevant outline planning permission.
4
In the case of an application for planning permission which is deemed to have been made by virtue of section 177(5) of the 1990 Act M1, in this Schedule—
a
references to the development to which an application relates shall be construed as references to the use of land or the operations (as the case may be) to which the relevant enforcement notice relates;
b
references to the amount of floor space or the number of dwellinghouses to be created by the development shall be construed as references to the amount of floor space or the number of dwellinghouses to which that enforcement notice relates; and
c
references to the purposes for which it is proposed that floor space be used shall be construed as references to the purposes for which floor space was stated to be used in the enforcement notice.
CHAPTER 2Fees in particular cases
2
Where an application or deemed application is made or deemed to be made by or on behalf of a parish council, the fee payable shall be one half of the amount that would otherwise be payable.
3
1
Where an application or deemed application is made or deemed to be made by or on behalf of a club, society or other organisation (including any persons administering a trust) which is not established or conducted for profit and whose objects are the provision of facilities for sport or recreation, and the conditions specified in sub-paragraph (2) are satisfied, the fee payable shall be F12£578.
2
The conditions referred to in sub-paragraph (1) are—
a
that the application or deemed application relates to—
i
the making of a material change in the use of land to use as a playing field; or
ii
the carrying out of operations (other than the erection of a building containing floor space) for purposes ancillary to the use of land as a playing field,
and to no other development; and
b
that the local planning authority with whom the application is lodged, or (in the case of a deemed application) the Secretary of State, is satisfied that the development is to be carried out on land which is, or is intended to be, occupied by the club, society or organisation and used wholly or mainly for the carrying out of its objects.
4
1
This paragraph applies where—
a
an application is made for approval of one or more reserved matters (“the current application”);
b
the applicant has previously applied for such approval under the same outline planning permission and paid fees in relation to one or more such applications; and
c
no application has been made under that permission other than by or on behalf of the applicant.
2
Where the amount paid as mentioned in sub-paragraph (1)(b) is not less than the amount which would be payable if the applicant were, by the current application, seeking approval of all the matters reserved by the outline permission (and in relation to the whole of the development authorised by the permission), the fee payable in respect of the current application shall be F13£578.
3
Where—
a
a fee has been paid as mentioned in sub-paragraph (1)(b) at a rate lower than that prevailing at the date of the current application; and
b
sub-paragraph (2) would apply if that fee had been paid at the rate applying at that date,
the fee in respect of the current application shall be the amount specified in sub-paragraph (2).
5
6
M3Where an application relates to development to which section 73A of the 1990 Act (planning permission for development already carried out) applies, the fee payable in respect of the application shall be—
a
where the application relates to development carried out without planning permission, the fee that would be payable if the application were for planning permission to carry out that development;
b
F20£293, in any other case.
7
1
Where an application of the description contained in F4article 20(1)(b) or (c) of the Development Management Procedure Order (consultations before the grant of a replacement planning permission subject to a new time limit) is made the following fees shall be paid to the local planning authority—
a
if the application is a householder application, F14£85;
b
if the application is an application for major development, F15£932;
c
in any other case, F16£293.
2
In this paragraph, “major development” has the same meaning as in article 2(1) of the Development Management Procedure Order (interpretation).
8
1
This paragraph applies where—
a
an applicant applies for planning permission F5or permission in principle or for the approval of reserved matters in respect of the development of land (“the relevant land”); and
b
the relevant land straddles the boundary or boundaries between the areas of two or more local planning authorities so that, instead of application being made to one authority in relation to the whole of that development, applications are made to two or more local planning authorities, in accordance with F7article 11(1) of the Development Management Procedure Order (general provisions relating to applications) F6or article 5D(1) of the Town and Country Planning (Permission in Principle) Order 2017, as the case may be.
2
A fee shall be payable only to the local planning authority, to which one of the applications referred to in paragraph (1)(b) is made, in whose area the largest part of the relevant land is situated, and the amount payable shall be—
a
where the applications relate wholly or partly to a county matter within the meaning of paragraph 1 of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions) M4, and all the land is situated in a single county for which there is no county planning authority, the amount which would have been payable if application had fallen to be made to one authority in relation to the whole development;
b
in any other case, one and a half times the amount which would have been payable if application had fallen to be made to a single authority or the sum of the amounts which would have been payable but for this paragraph, whichever is the lesser.
9
1
This paragraph applies where an application for planning permission is deemed to have been made by virtue of section 177(5) of the 1990 Act (grant or modification of planning permission on appeals against enforcement notices) M5 in respect of such land as is mentioned in paragraph 8(1).
2
The fee payable to the Secretary of State shall be the amount which would be payable by virtue of paragraph 8(2) if an application for the like permission had been made to the relevant authority on the date on which notice of appeal was given in accordance with section 174(3) of the 1990 Act M6 (appeal against enforcement notice).
10
1
Where—
a
an application for planning permission F8or permission in principle is made in respect of two or more alternative proposals for the development of the same land; or
b
an application for approval of reserved matters is made in respect of two or more alternative proposals for the carrying out of the development authorised by an outline planning permission,
and the application is made in respect of all of the alternative proposals on the same date and by or on behalf of the same applicant, the fee payable in respect of the application shall be calculated in accordance with sub-paragraph (2).
2
Calculations shall be made in accordance with this Schedule of the fee that would be payable in respect of an application for planning permission F9, permission in principle, or approval of reserved matters (as the case may be), if made in respect of each of the alternative proposals, and the fee payable in respect of the application shall be the sum of—
a
an amount equal to the highest of the amounts calculated in respect of each of the alternative proposals; and
b
an amount calculated by adding together the amounts appropriate to all of the alternative proposals, other than the amount referred to in sub-paragraph (a), and dividing that total by the figure of 2.
CHAPTER 3Provisions in relation to specified categories
11
1
F1Subject to sub-paragraph (1A), where, in respect of any category, the fee is to be calculated by reference to the site area, that area shall be taken as consisting of—
a
the area of land to which the application relates; or
b
in the case of an application for planning permission which is deemed to have been made by virtue of section 177(5) of the 1990 Act M7, the area of land to which the relevant enforcement notice relates.
F21A
In the case of operations for the winning and working of oil or natural gas (including exploratory drilling), in determining the site area for the purposes of sub-paragraph (1) no account is to be taken of any area of land under which underground operations are to be carried out if no other operations for the winning and working of oil or natural gas (including exploratory drilling) are to be carried out on that land.
2
Where the area referred to in sub-paragraph (1) is not an exact multiple of the unit of measurement specified in respect of the relevant category of development, the fraction of a unit remaining after division of the total area by the unit of measurement shall be treated as a complete unit.
12
1
In relation to development within category 2, 3 or 4, the area of gross floor space to be created by the development shall be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or partly) by external walls of a building.
F172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
1
Where an application (other than an outline application) or a deemed application relates to development which is in part within category 1 and in part within category 2, 3 or 4, the following sub-paragraphs shall apply for the purpose of calculating the fee payable in respect of the application or deemed application.
2
An assessment shall be made of the total amount of gross floor space which is to be created by that part of the development which is within category 2, 3 or 4 (“the non-residential floor space”), and the sum payable in respect of the non-residential floor space to be created by the development shall be added to the sum payable in respect of that part of the development which is within category 1 and, subject to sub-paragraph (4), the sum so calculated shall be the fee payable in respect of the application or deemed application.
3
For the purpose of calculating the fee payable under sub-paragraph (2)—
a
where any of the buildings is to contain floor space which it is proposed to use for the purposes of providing common access or common services or facilities for persons occupying or using part of that building for residential purposes and for persons occupying or using part of it for non-residential purposes (“common floor space”), the amount of non-residential floor space shall be assessed, in relation to that building, as including such proportion of the common floor space as the amount of non-residential floor space in the building bears to the total amount of gross floor space in the building to be created by the development;
b
where the development falls within more than one of categories 2, 3 and 4 an amount shall be calculated in accordance with each such category and the highest amount so calculated shall be taken as the sum payable in respect of all of the non-residential floor space.
4
Where an application or deemed application to which this paragraph applies relates to development which is also within one or more than one of categories 5 to 13—
a
an amount shall be calculated in accordance with each such category; and
b
if any of the amounts so calculated exceeds the amount calculated in accordance with sub-paragraph (2) that higher amount shall be the fee payable in respect of all of the development to which the application or deemed application relates.
5
In sub-paragraph (3), the reference to using the building for residential purposes is a reference to using it as a dwellinghouse.
14
1
Subject to paragraph 13 and sub-paragraph (2), where an application or deemed application relates to development which is within more than one of the categories—
a
an amount shall be calculated in accordance with each such category; and
b
the highest amount so calculated shall be the fee payable in respect of the application or deemed application.
2
Where an application is for outline planning permission and relates to development which is within more than one of the categories, the fee payable in respect of the application shall be—
F21a
where the site area is less than 0.5 hectares, £578 for each 0.1 hectare (or part thereof) of the site area;
b
where the site area is at least 0.5 hectares but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area;
c
where the site area exceeds 2.5 hectares, £15, 433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500.
PART 2Scale of Fees
F22Category of Development | Fee Payable |
---|---|
I Operations | |
1. The erection of dwellinghouses (other than development in category 6) | (1) Where the application is for outline planning permission and— (a) the site area is less than 0.5 hectares, £578 for each 0.1 hectare (or part thereof) of the site area; (b) the site area is at least 0.5 hectares but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area; (c) the site area exceeds 2.5 hectares, £15,433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500. (2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area. (3) In any other case— (a) where the number of dwellinghouses to be created by the development is fewer than 10, £578 for each dwellinghouse; (b) where the number of dwellinghouses to be created by the development is at least 10 but no more than 50, £624 for each dwellinghouse; (c) where the number of dwellinghouses to be created by the development is more than 50, £30,860 and an additional £186 for each dwellinghouse in excess of 50, subject to a maximum in total of £405,000. |
2. The erection of buildings (other than buildings in categories 1, 3, 4, 5 or 7) | (1) Where the application is for outline planning permission and— (a) the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area; (b) the site area is at least 1 hectare but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area; (c) the site area exceeds 2.5 hectares, £15,433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500. (2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area. (3) In any other case— (a) where no floor space is to be created by the development, £293; (b) where the area of gross floor space to be created by the development does not exceed 40 square metres, £293; (c) where the area of gross floor space created by the development exceeds 40 square metres but is less than 1000 square metres, £578 for each 75 square metres (or part thereof); (d) where the area of gross floor space created by the development is at least 1000 square metres but does not exceed 3750 square metres, £624 for each 75 square metres (or part thereof); (e) where the area of gross floor space created by the development exceeds 3750 square metres, £30,680 and an additional £186 for each 75 square metres (or part thereof) in excess of 3750 square metres, subject to a maximum in total of £405,000. |
3. The erection, on land used for the purposes of agriculture, or buildings used for agricultural purposes (other than buildings in category 4) | (1) Where the application is for outline planning permission and— (a) the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area; (b) the site area is at least 1 hectare but does not exceed 2.5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area; (c) the site area exceeds 2.5 hectares, £15,433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum in total of £202,500. (2) Where the application is for permission in principle, £503 for each 0.1 hectare (or part thereof) of the site area. (3) In any other case— (a) where the area of gross floor space to be created by the development does not exceed 465 square metres, £120; (b) where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £578; (c) where the area of gross floor space to be created by the development exceeds 540 square metres but is less than 1000 square metres, £578 and an additional £578 for each 75 square metres (or part thereof) in excess of 540 square metres; (d) where the area of gross floor space to be created by the development is at least 1000 square metres but does not exceed 4215 square metres, £624 and an additional £624 for each 75 square metres (or part thereof) in excess of 1000 square metres; (e) where the area of gross floor space to be created by the development exceeds 4215 square metres, £30,860 and an additional £186 for each 75 square metres (or part thereof) in excess of 4215 square metres, subject to a maximum in total of £405,000. |
4. The erection of glasshouses on land used for the purposes of agriculture | (1) Where the area of gross floor space to be created by the development does not exceed 465 square metres, £120. (2) Where the area of gross floor space to be created by the development exceeds 465 square metres but is less than 1000 square metres, £3,225. (3) Where the area of gross floor space to be created by the development is 1000 square metres or more, £3,483. |
5. The erection, alteration of replacement of plant or machinery | (1) Where the site area is less than 1 hectare, £578 for each 0.1 hectare (or part thereof) of the site area. (2) Where the site area is at least 1 hectare but does not exceed 5 hectares, £624 for each 0.1 hectare (or part thereof) of the site area. (3) Where the site area exceeds 5 hectares, £30,860 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 5 hectares, subject to a maximum in total of £405,000. |
6. The enlargement, improvement or other alteration of existing dwellinghouses | (1) Where the application relates to a single dwellinghouse, £258. (2) Where the application relates to two or more dwellinghouses, £509. |
7. The carrying out of operations (including the erection of a building) within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse 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 dwellinghouse. | £258 |
8. 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. | £293 |
9. The carrying out of any operations connected with exploratory drilling for oil or natural gas. | (1) Where the site area does not exceed 7.5 hectares, £686 for each 0.1 hectare (or part thereof) of the site area. (2) Where the site area exceeds 7.5 hectares, £51,395 and an additional £204 for each 0.1 hectare (or part thereof) of the site area in excess of 7.5 hectares, subject to a maximum in total of £405,000. |
10. The carrying out of any operations (other than operations coming within category 9) for the winning and working of oil or natural gas. | (1) Where the site area does not exceed 15 hectares, £347 for each 0.1 hectare (or part thereof) of the site area. (2) Where the site area exceeds 15 hectares, £52,002 and an additional £204 for each 0.1 hectare (or part thereof) in excess of 15 hectares, subject to a maximum in total of £105,300. |
11. The carrying out of any operations not coming within any of the above categories. | (1) In the case of operations for the winning and working of minerals— (a) where the site area does not exceed 15 hectares, £316 for each 0.1 hectare (or part thereof) of the site; (b) where the site area exceeds 15 hectares, £47,161 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 15 hectares, subject to a maximum in total of £105,300. (2) In any other case, £293 for each 0.1 hectare (or part thereof) of the site area, subject to a maximum in total of £2,535. |
II Uses of land | |
12. The change of use of a building to use as one or more separate dwellinghouses. | (1) Where the change of use is from a previous use as a single dwellinghouse to use as two or more single dwellinghouses— (a) where the change of use is to use as fewer than 10 dwellinghouses, £578 for each additional dwellinghouse; (b) where the change of use is to use as at least 10 but no more than 50 dwellinghouses, £624 for each additional dwellinghouse; (c) where the change of use is to use as more than 50 dwellinghouses, £30,860 and an additional £186 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £405,000. (2) In all other cases— (a) where the change of use is to use as fewer than 10 dwellinghouses, £578 for each dwellinghouse; (b) where the change of use is to use as at least 10 but no more than 50 dwellinghouses, £624 for each dwellinghouse; (c) where the change of use is to use as more than 50 dwellinghouses, £30,860 and an additional £186 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £405,000. |
13. The use of land for— (a) the disposal of refuse or waste materials, (b) the deposit of material remaining after minerals have been extracted from land, or (c) the storage of minerals in the open. | (1) Where the site area does not exceed 15 hectares, £316 for each 0.1 hectare (or part thereof) of the site area. (2) Where the site area exceeds 15 hectares, £47,161 and an additional £186 for each 0.1 hectare (or part thereof) of the site area in excess of 15 hectares, subject to a maximum in total of £105,300. |
14. The making of a material change in use of a building or land (other than a material change of use in category 12 or 13(a), (b) or (c)). | £578. |
SCHEDULE 2Fees for Advertisements
Sum in Sch. 2 Table substituted (6.12.2023) by The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 (S.I. 2023/1197), regs. 1(2), 17(a) (with regs. 18, 19, 21)
Sum in Sch. 2 Table substituted (6.12.2023) by virtue of The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 (S.I. 2023/1197), regs. 1(2), 17(b) (with regs. 18, 19, 21)
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— (a) the nature of the business or other activity carried on on the premises; (b) the goods sold or the services provided on the premises; or (c) the name and qualifications of the person carrying on such business or activity or supplying such goods or services. | F10£165. |
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. | F10£165. |
3. All other advertisements. | F11£578. |
SCHEDULE 3Statutory instruments revoked in so far as they apply to England
Title of instrument | Reference |
---|---|
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989. | S.I. 1989/193. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1990. | S.I. 1990/2473. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1991. | S.I. 1991/2735. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1992. | S.I. 1992/1817. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (No. 2) Regulations 1992. | S.I. 1992/3052. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1993. | S.I. 1993/3170. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1997. | S.I. 1997/37. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2001. | S.I. 2001/2719. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2002. | S.I. 2002/768. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006. | S.I. 2006/994. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008. | S.I. 2008/958. |
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010. | S.I. 2010/472. |
Sch. 1 Pt. 2 Table substituted (6.12.2023) by The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 (S.I. 2023/1197), reg. 1(2), Sch. (with regs. 18, 19, 21)