The Infrastructure Planning Fees (Amendment) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Planning Act 2008 provides for the granting of development consent for certain types of nationally significant infrastructure projects. The Infrastructure Planning (Fees) Regulations 2010 and the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 make provision for the charging of fees for applications for development consent, and changes to and revocation of Development Consent Orders respectively.

These Regulations amend the Infrastructure Planning (Fees) Regulations 2010 and the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011. The level of fees set out in each set of Regulations is generally increased by 50%.

These Regulations insert a mechanism in each set of Regulations for each fee to be increased annually in line with the consumer prices index, starting from 1st April 2018.

Regulation 2(7) makes a minor amendment to the Infrastructure Planning (Fees) Regulations 2010 to replace an out of date reference.

Regulation 2(8) inserts a new regulation 13 into the Infrastructure Planning (Fees) Regulations 2010 providing that those Regulations will be reviewed by 6th April 2022, and thereafter at intervals not exceeding five years. Regulation 3(2) substitutes regulation 71 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 and provides that the fees set out at Schedule 2 of those Regulations will be reviewed by 6th April 2022 and thereafter at intervals not exceeding five years.

Regulation 4 provides transitional provisions, providing that, where an application was made prior to 6th April 2017, the fees regime existing at the time the application was made remains in force. This provision does not prevent an application being considered by two appointed persons, and where it is considered by two appointed persons, the fee to be charged under the Infrastructure Planning (Fees) Regulations 2010 is the fee applicable to a three person Panel. Regulation 4(3) provides that no increase in fees in line with the consumer prices index will apply to any application made before 6th April 2017.

A full regulatory impact assessment of the effect that this instrument will have has not been prepared as it is not required under the Small Business, Employment and Enterprise Act 2015. However an assessment of impacts has been carried out and is available from the Planning – Infrastructure Division, Department for Communities and Local Government, 3rd Floor North East Fry Building, 2 Marsham Street, London, SW1P 4DF (telephone [phone]).