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—

    1. a

      established for a Mayoral development area, and

    2. 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—

    1. a

      established for an urban development area by an order made by the Secretary of State under section 135 of the 1980 Act; and

    2. 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”.