Explanatory Note
(This note is not part of the Regulations)
These Regulations apply where the National Assembly for Wales (“the National Assembly”) is authorised to recover from local authorities costs borne by it in connection with:
(a)inquiries held under the Local Government Act 1972 (including compulsory purchase order inquiries, to which relevant provisions of the 1972 Act are applied by the Acquisition of Land Act 1981) and the Land Drainage Act 1991 (“Local Inquiries”);
(b)qualifying inquiries as defined by Section 303A(1) of the Town and Country Planning Act 1990 (inquiries held in relation to Unitary Development Plans and consideration of objections to simplified planning zone schemes) (“Qualifying Inquiries”); and
(c)qualifying procedures as defined by Section 303A(1A) of the Town and Country Planning Act 1990 (independent examinations held in relation to Local Development Plans and consideration of objections to simplified planning zone schemes)(“Qualifying Procedures”).
These Regulations prescribe the standard daily amounts which may be recovered by the National Assembly for each day on which—
(a)a Local Inquiry sits or the person appointed to hold the Local Inquiry is otherwise engaged on work connected with it; or
(b)the person appointed to hold a Qualifying Inquiry or, as the case may be, a Qualifying Procedure is engaged in the holding of, or otherwise engaged on work connected with, the Qualifying Inquiry or Qualifying Procedure
The standard daily amount in relation to Local Inquiries opening on or after 1 April 2007 is £722. This replaces the amount of £645, which was prescribed by the Fees for Inquiries (Standard Daily Amount) (Wales) Regulations 2002 (S.I. 2002/2780) (W.264) (“the 2002 Regulations”) for inquiries opening on or after 1 April 2003.
The standard daily amount in relation to Qualifying Inquiries opening on or after 1 April 2007 is £679. This is the same as the amount previously prescribed by the Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (Wales) Regulations 2005 (S.I. 2005/371) (W.35) (“the 2005 Regulations”) for Qualifying Inquiries opening on or after 1 April 2005.
The standard daily amount in relation to Qualifying Procedures is £640. This is the first time a standard daily amount has been prescribed for Qualifying Procedures.
These Regulations revoke the provisions relating to standard daily amounts in the 2002 Regulations and the 2005 Regulations, but include savings in respect of Local Inquiries and Qualifying Inquiries which opened before 1 April 2007 and which remain open.