Amendments in relation to fees for pre-application advice given by a Mayoral development corporation or an urban development corporation4
1
In regulation 2 of the 2012 Regulations—
a
before the definition of “the 1990 Act” insert—
“the 1980 Act” means the Local Government, Planning and Land Act 1980;
b
after the definition of “landfill site” insert—
“Mayoral development corporation” means a corporation which is—
- a
established for a Mayoral development area, and
- b
specified as the local planning authority for the purposes of Part 3 of the 1990 Act for all or part of that area,
by an order made by the Secretary of State under section 198 of the Localism Act 2011;7; and
c
after the definition of “site visit” omit the word “and” and insert—
“urban development corporation” means a corporation which is—
- a
established for an urban development area by an order made by the Secretary of State under section 135 of the 1980 Act; and
- b
specified as the local planning authority for the purposes of Part 3 of the 1990 Act, for all or part of that area in an order made by the Secretary of State under section 149 of the 1980 Act; and
2
After regulation 2A of the 2012 Regulations insert—
Pre-application advice given by a Mayoral development corporation or an urban development corporation2B
1
Subject to paragraph (2), where a Mayoral development corporation or an urban development corporation (“the corporation”), gives advice to a person at the request of that person about applying for any permission, approval or consent under Part 3 of the 1990 Act (“pre-application advice”), the corporation shall charge that person a fee.
2
The corporation may only charge a fee for pre-application advice under paragraph (1) if—
a
a fee schedule has been adopted by the corporation in accordance with paragraphs (3) and (4);
b
the requirements of paragraph (5) have been met;
c
the fee schedule has come into effect on or before the date on which the request for pre-application advice is made;
d
the fee schedule meets the requirements in paragraph (6);
e
the fee schedule provides for a fee to be charged for that advice; and
f
the fee is calculated in accordance with the fee schedule.
3
A fee schedule is adopted when the corporation resolves to adopt it.
4
A corporation may only adopt a fee schedule if it has published a copy of the proposed fee schedule—
a
in one or more newspapers, whose circulation or combined circulations cover the corporation’s area; and
b
on its website,
at least 21 days before the fee schedule is adopted.
5
Within 5 days of adopting the fee schedule, the corporation must publish a copy of it on its website and make hard copies of it available on request.
6
The fee schedule referred to in paragraph (2) must—
a
set out how a fee charged under paragraph (1) is to be calculated; and
b
specify the date on which it comes into effect, which may not be earlier than 10 days after the day on which it is adopted.
7
The corporation may amend a fee schedule at any time and, in relation to the charging of a fee under paragraph (1) for advice to which the amendment relates, paragraphs (2) to (6) apply but as if for “fee schedule” there were substituted “amended fee schedule”.