- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023.
(2) These Regulations come into force 28 days after the day on which they are made.
(3) These Regulations extend to England and Wales but apply in relation to England only.
(4) In these Regulations—
“the 2012 Fees Regulations” means the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012(1);
“the commencement date” means the day on which these Regulations come into force.
2. The 2012 Fees Regulations are amended in accordance with regulations 3 to 17.
3. In regulation 3(1), for “regulations 4 to 9” substitute “regulations 4 to 7”.
4. Omit regulation 8.
5. Omit regulation 9.
6.—(1) Regulation 9A is amended as follows.
(2) In the heading, for “26 weeks” substitute “the relevant period”.
(3) In paragraph (1), for “26 weeks of the date” to the end substitute “the relevant period”.
(4) After paragraph (1) insert—
“(1A) For the purposes of paragraph (1), the relevant period is—
(a)in the case of a valid application falling within article 34(2)(b) of the Development Management Procedure Order, 16 weeks beginning with the day immediately following the day on which the application is received by the local planning authority;
(b)otherwise, the period of 26 weeks beginning with the date on which a valid application is received by the local planning authority or the Secretary of State (as the case may be).”.
7.—(1) Regulation 11 is amended as follows.
(2) In paragraph (1), for “paragraphs (2), (4) and (8)”, substitute “paragraphs (2) and (8)”.
(3) In paragraph (3)—
(a)in the words before sub-paragraph (a), for “paragraphs (4) to (9)” substitute “paragraphs (6) to (9) and regulation 18A”.
(b)in sub-paragraph (b), for “£234” substitute “£293”.
(4) Omit paragraphs (4) and (5).
(5) In paragraph (6)—
(a)in the words before sub-paragraph (a), after “shall” insert “, subject to regulation 18A,”;
(b)for sub-paragraphs (a) and (b) substitute—
“(a)where the use so specified is use as fewer than 10 dwellinghouses, £578 for each dwellinghouse;
(b)where the use so specified is use as at least 10 but no more than 50 dwellinghouses, £624 for each dwellinghouse;
(c)where the use so specified is use as more than 50 dwellinghouses, £30,860 and an additional £186 for each dwellinghouse in excess of 50, subject to a maximum in total of £405,000.”.
8.—(1) Regulation 11A is amended as follows.
(2) In paragraph (2) omit “(excluding regulation 8 or 9)”.
(3) Omit paragraphs (4) to (8).
9.—(1) Regulation 13 is amended as follows.
(2) In paragraph (1), for “paragraphs (9) and (11)” substitute “paragraph (11)”.
(3) After paragraph (3) insert—
“(3A) Paragraphs (2) and (3) are subject to regulation 18A.”.
(4) Omit paragraphs (9) and (10).
10.—(1) Regulation 14 is amended as follows.
(2) In paragraph (1)—
(a)in sub-paragraphs (za), (zab), (zac), (a), (aa), for “£96” substitute “£120”.
(b)in sub-paragraph (zb), for “£206” substitute “£258”.
(c)in sub-paragraph (zc), for “£100” substitute “£125”.
(d)in sub-paragraph (b), for “£462” substitute “£578”.
(e)omit “and” at the end of sub-paragraph (b);
(f)after sub-paragraph (b) insert—
“(ba)for an application under Part 19 of that Schedule (development by the Crown or for national security purposes), £120; and”;
(g)in sub-paragraph (c), for paragraphs (i) and (ii) substitute—
“(i)where the number of new dwellinghouses proposed by the development as specified in the written statement accompanying the application is fewer than 10, £418 for each new dwellinghouse;
(ii)where the number of new dwellinghouses proposed by the development as specified in the written statement accompanying the application is at least 10 but no more than 50, £451 for each new dwellinghouse;
(iii)where the number of new dwellinghouses proposed by the development as specified in the written statement accompanying the application is more than 50, £22,309, and an additional £135 for each dwellinghouse in excess of 50, subject to a maximum in total of £405,000.”.
(3) After paragraph (1) insert—
“(1ZA) Paragraph (1) is subject to regulation 18A.”.
(4) Omit paragraphs (1C) to (1E).
11.—(1) Regulation 15 is amended as follows.
(2) In paragraph (1) after “and (3)” insert “and regulation 18A”.
(3) In paragraph (4), for “£397” substitute “£496”;
(4) In paragraph (5), for “£132” substitute “£165”.
12.—(1) Regulation 16 is amended as follows.
(2) In paragraph (1)—
(a)in sub-paragraph (a), for “£34” substitute “£43”;
(b)in sub-paragraph (b), for “£116” substitute “£145”.
(3) After paragraph (1) insert—
“(1A) Paragraph (1) is subject to regulation 18A.”.
13.—(1) Regulation 17 is amended as follows.
(2) In paragraph (1)—
(a)in sub-paragraph (a), for “£34” substitute “£43”;
(b)in sub-paragraph (b), for “£234” substitute “£293”.
(3) After paragraph (1) insert—
“(1A) Paragraph (1) is subject to regulation 18A.”.
14.—(1) Regulation 18 is amended as follows.
(2) In paragraph (2), for “£234” substitute “£293”.
(3) After paragraph (2) insert—
“(2A) Paragraph (2) is subject to regulation 18A.”.
15. After regulation 18 insert—
18A.—(1) If there is a relevant increase in the consumer prices index, each relevant amount is increased on the fee change date in accordance with paragraph (3).
(2) There is a relevant increase in the consumer prices index if the consumer prices index for the month of September preceding the fee change date is higher than that for the previous September.
(3) Each relevant amount is increased by the lower of—
(a)the percentage increase in the consumer prices index, and
(b)10%,
rounded up or down to the nearest £1.
(4) The increase in a relevant amount in accordance with paragraphs (1) to (3) applies only in respect of an application which is, or is deemed to have been, made on or after the fee change date.
(5) In this paragraph—
“consumer prices index” means the all items consumer prices index published by the Statistics Board(2);
“fee change date” means—
1st April 2025, or
1st April in any subsequent year;
“relevant amount” means—
a fee specified in regulation 11(3)(b) or (6)(a), (b) or (c), 14(1)(za) to (c), 15(4) or (5), 16(1)(a) or (b), 17(1)(a) or (b) or 18(2),
a fee specified in paragraph 3(1), 4(2), 5, 6(b) or 7(1)(a), (b) or (c) of Schedule 1,
an amount set out in the table in Part 2 of Schedule 1 and expressed in pounds sterling, or
a fee specified in the table in Schedule 2.”.
16.—(1) Schedule 1 is amended as follows.
(2) In Part 1—
(a)in paragraph 3(1), for “£462” substitute “£578”;
(b)in paragraph 4(2), for “£462” substitute “£578”;
(c)in paragraph 5, for “£234” substitute “£293”;
(d)in paragraph 6(b), for “£234” substitute “£293”.
(e)in paragraph 7(1)—
(i)for “£68” substitute “£85”;
(ii)for “£690” substitute “£932”;
(iii)for “£234” substitute “£293”;
(f)in paragraph 12, omit sub-paragraphs (2) and (3);
(g)in paragraph 14(2), for paragraphs (a) and (b) substitute—
“(a)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.”.
(3) In Part 2 (scale of fees) for the table substitute the table in the Schedule to these Regulations.
17. In the table in Schedule 2—
(a)for “£132”, in both places it occurs, substitute “£165”;
(b)for “£462” substitute “£578.
18.—(1) The 2012 Fees Regulations as they had effect immediately before the commencement date continue to apply on and after that date in relation to any existing second application.
(2) In this regulation “existing second application” means an application mentioned in regulation 8(1), 9(1), 11(4), 11A(4), 13(9) or 14(1C) of the 2012 Fees Regulations as they had effect immediately before the commencement date—
(a)which was made before the commencement date, and
(b)in respect of which all of the exemption conditions were satisfied before that date.
(3) For the purposes of paragraph (2) “exemption conditions” means the conditions set out in regulation 8(2), 9(2), 11(5), 11A(5), 13(10) or, as the case may be, 14(1D) of the 2012 Fees Regulations as they had effect immediately before the commencement date.
19.—(1) This regulation applies where a new second application is made on or after the commencement date.
(2) The 2012 Fees Regulations as they had effect immediately before the commencement date apply for the purposes of determining whether a fee is payable in respect of the new second application.
(3) In this regulation “new second application” means an application—
(a)mentioned in regulation 8(1), 9(1), 11(4), 11(4A), 13(9) or, as the case may be, 14(1C) of the 2012 Fees Regulations as they had effect immediately before the commencement date, and
(b)in respect of which the application period had begun but had not ended before that date.
(4) For the purposes of paragraph (3), “the application period” means the period mentioned in regulation 8(2)(a), 9(2)(a), 11(5)(a), 11A(5)(a), 13(10)(a) or, as the case may be, 14(1D)(a) of the 2012 Fees Regulations as they had effect immediately before the commencement date.
20. Regulation 9A of the 2012 Fees Regulations as it had effect immediately before the commencement date continues to apply on and after that date in respect of any application made before that date.
21. The amendments made to the 2012 Fees Regulations by regulations 7(3), 10(2), 11, 12, 13, 14, 16 and 17 of these Regulations do not apply to—
(a)any application—
(i)made before the commencement date, or
(ii)deemed to have been made, by virtue of section 177(5) of the Town and Country Planning Act 1990, in connection with an enforcement notice issued before the commencement date,
(b)any request made before the commencement date, or
(c)any site visit which takes place before the commencement date.
Rachel Maclean
Minister of State
Department for Levelling Up, Housing and Communities
8th November 2023
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: