The High Speed Rail (London – West Midlands) (Fees for Requests for Planning Approval) Regulations 2017

Citation and commencement

1.  These Regulations may be cited as the High Speed Rail (London – West Midlands) (Fees for Requests for Planning Approval) Regulations 2017, and come into force on 27th March 2017.

Interpretation and general provisions as to fee calculation

2.—(1) In these Regulations—

“the Act” means the High Speed Rail (London – West Midlands) Act 2017, and “the Schedule” means Schedule 17 to the Act;

“additional details request” means a request for approval of additional details where such approval is required pursuant to paragraph 2(3), 3(4) or 7(4) of the Schedule;

“appeal” means an appeal to the appropriate Ministers pursuant to paragraph 22 of the Schedule;

“approval” means approval under Part 1 of the Schedule, which includes an agreement for a site restoration scheme;

“authority” means a relevant planning authority for the purposes of the Schedule;

“request” means a request for approval under the planning permission deemed to be granted by section 20(1) of the Act;

“site restoration scheme” means a scheme referred to in paragraphs 8(1) and 12 of the Schedule;

“the undertaker” means the nominated undertaker(1); and

“working day” means a day which is not a Saturday, Sunday, bank holiday or other public holiday; and a “bank holiday” has the same meaning as in paragraph 1 of Schedule 1 to the Banking and Financial Dealings Act 1971(2).

(2) Where, pursuant to these Regulations, a prescribed fee is calculated by reference to the gross floor space to be created, the area of that space must be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or in part) by external walls of a building.

(3) Where, pursuant to these Regulations, a prescribed fee is calculated by reference to a site area, that area must be taken to consist of the area of land to which the request relates.

(4) Where the gross floor space or the site area, as the case may be, is not an exact multiple of the unit of measurement specified, the fraction of unit remaining after division of the total area by the unit of measurement must be treated as a complete unit.

(5) Any notice or notification to be given pursuant to these Regulations must be in writing.

Fees for requests

3.  Where the undertaker makes a request to an authority, it must, subject to the exceptions set out in Schedule 1, pay a fee to that authority in accordance with these Regulations.

Fees payable to an authority

4.—(1) The fee payable to an authority in respect of a request relating to a single matter falling within a category of development set out in column 1 of the Table in Schedule 2 is—

(a) the fee set out in column 2, or

(b) where relevant, to be calculated in accordance with the criteria set out in column 2,

in relation to that category.

(2) Subject to paragraphs (3) and (4), where a request seeks approval for more than one such matter, the total fee payable is to be calculated by adding together the fees that would be payable under paragraph (1), were each matter to have been the subject of a separate request.

(3) Where a request seeks approval only for—

(a) more than one fence or wall, or

(b) more than one sight, noise or dust screen,

the total fee payable under paragraph (2) is to be calculated as if the request was limited to seeking approval in respect of one fence or wall or one sight, noise or dust screen, as the case may be.

(4) Where a request includes a request for approval for—

(a) more than one fence or wall, or

(b) more than one sight, noise or dust screen,

that part of the total fee payable under paragraph (2) that relates to fences, walls or screens is to be calculated as if that part of the request relating to those matters was limited to seeking approval in respect of one fence or wall or one sight, noise or dust screen, as the case may be.

General provisions concerning fee payment

5.—(1) Any fee paid pursuant to these Regulations must be refunded if the request is rejected as invalidly made.

(2) Where a fee due in respect of a request has been paid by a cheque which is subsequently dishonoured, the appropriate period for the purposes of paragraph 22(3) of the Schedule will be calculated without regard to any time between the date when the authority dispatches to the undertaker notice of the dishonouring of the cheque and the date on which the authority is satisfied that it has received the full amount of the fee.

Termination of request on non-payment of fee

6.—(1) Where—

(a) the prescribed fee is not paid to the authority within a period of 6 weeks beginning with the date of its receipt of the request; and

(b) the undertaker has not, within that period, notified the authority that it disputes the amount of the fee payable pursuant to these Regulations or that it claims an exception set out in Schedule 1 is applicable,

the authority may treat the request as terminated.

(2) Where the authority decides to treat a request as terminated pursuant to paragraph (1), it must, before the expiry of the appropriate period for the purposes of paragraph 22(3) of the Schedule, give notice of its decision to the undertaker.

(3) For the purpose of this regulation and regulation 7—

(a) a fee or the balance of a fee is paid when a cheque is tendered to the authority in payment of it, except where the cheque is dishonoured; and

(b) where a cheque is dishonoured, the fee or balance of the fee is paid when the authority is satisfied that it has received the full amount of the fee or balance.

Resolution of disputes

7.—(1) Where paragraph 22(3) of the Schedule applies and, on making an appeal to the appropriate Ministers, the undertaker notifies them that there is a dispute with the authority as to—

(a) the amount of the fee payable pursuant to these Regulations, or

(b) whether any exception set out in Schedule 1 is applicable,

the appropriate Ministers may determine that issue prior to the consideration of the appeal.

(2) Where—

(a) the appropriate Ministers have determined an issue falling under paragraph (1);

(b) they have notified the undertaker and the authority of the prescribed fee; and

(c) that fee is a sum larger than that already paid to the authority, or no fee has been paid to the authority,

the undertaker must, within a period of 3 working days beginning with the date of the undertaker’s receipt of such notification, pay to the authority the prescribed fee, or the balance of that fee, as the case may be.

(3) Where the undertaker does not pay the prescribed fee or the balance of that fee, as the case may be, within the period mentioned in paragraph (2), the authority must, within a period of 10 working days beginning with the date of its receipt of the appropriate Ministers’ notification under paragraph (2)(b), decide whether or not to treat the request as terminated.

(4) Where—

(a) the authority, pursuant to paragraph (3), decides not to treat the request as terminated;

(b) the cheque tendered in payment of the balance of fee is dishonoured; and

(c) notice of the dishonour is not received by the authority prior to its decision,

the authority may, within a period of 7 working days beginning with the date of its receipt of the notice of dishonour, decide to treat the request as terminated.

(5) Where an authority makes a decision pursuant to paragraph (3) or (4), it must, within a period of 7 working days beginning with the date of the decision, give to the appropriate Ministers and to the undertaker notice of its decision.

(6) Where the authority has decided to treat a request as terminated pursuant to paragraph (3) or (4), the date of termination of the request will be the date of receipt by the appropriate Ministers of the notice mentioned in paragraph (5), and on and after that date, the appeal will be treated for all purposes as terminated.

Signed by authority of the Secretary of State for Transport

Andrew Jones

Parliamentary Under Secretary of State

Department for Transport

27th February 2017

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

Gavin Barwell

Minister of State

Department for Communities and Local Government

27th February 2017