The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015

Fees in respect of deemed applications

10.—(1) In this regulation—

(a) “appellant” (“apelydd”) means the person who has appealed against the relevant enforcement notice;

(b) “relevant authority” (“awdurdod perthnasol”) means the local planning authority which issued the enforcement notice; and

(c) “relevant date” (“dyddiad perthnasol”) means the date on which the appeal against the enforcement notice is made.

(2) Subject to paragraphs (3), (8) and (9), where an application for planning permission is deemed to have been made by virtue of section 177(5) of the 1990 Act (a “deemed application”), a fee must be paid to the relevant authority.

(3) A fee is only payable under this regulation in respect of a deemed application if a fee would have been payable under these Regulations for an application for planning permission made to the relevant authority on the relevant date in respect of the matters stated in the enforcement notice as constituting a breach of planning control.

(4) The amount of the fee is twice the amount of the fee which would have been payable to the relevant authority in respect of the application as described in paragraph (3).

(5) The fee must be paid in respect of the deemed application by every person who has made a valid appeal against the enforcement notice and whose appeal is not withdrawn before the date on which the Welsh Ministers issue a notice under paragraph (7).

(6) The fee must be paid to the relevant authority.

(7) The fee must be paid at such time as the Welsh Ministers may in the particular case specify by notice in writing to the appellant.

(8) Regulations 4, 5 and 6 apply to a deemed application as they apply to an application made to the local planning authority, with the following modifications—

(a) references to the local planning authority must be construed as references to the Welsh Ministers; and

(b) references to the development to which the application relates must be construed as references to the use of land or the operations to which the relevant enforcement notice relates.

(9) This regulation does not apply where the appellant had—

(a) before the date when the relevant enforcement notice was issued, made an application to the local planning authority for planning permission for the development to which the notice relates and had paid to the authority the fee payable in respect of that application; or

(b) before the date specified in the relevant enforcement notice as the date on which the notice is to take effect, made an appeal to the Welsh Ministers against the refusal of the local planning authority to grant such permission,

and at the date when the relevant enforcement notice was issued that application or, in the case of an appeal, that appeal, had not been determined.

(10) Any fee paid in respect of the deemed application must be refunded to the appellant in the event—

(a) the Welsh Ministers—

(i) decline jurisdiction on the relevant appeal under section 174 of the 1990 Act (appeal against enforcement notice)(1) on the grounds that it does not comply with one or more of the requirements of subsections (1) to (3) of that section;

(ii) dismiss the relevant appeal in exercise of the powers contained in section 176(3)(a) of the 1990 Act on the grounds that the appellant has failed to comply with section 174(4) of the 1990 Act within the prescribed period; or

(iii) allow the relevant appeal and quash the relevant enforcement notice in exercise of the powers contained in section 176(3)(b) of the 1990 Act;

(b) the relevant appeal under section 174 of the 1990 Act is withdrawn such that there are at least 21 days between the date of withdrawal and—

(i) the date (or in the event of postponement, the latest date) appointed for the holding of an inquiry into that appeal; or

(ii) in the case of an appeal which is being dealt with by way of written representations, the date (or in the event of postponement, the latest date) appointed for the inspection of the site to which the enforcement notice relates; or

(c) the relevant authority withdraws the relevant enforcement notice before it takes effect or the Welsh Ministers decide that the enforcement notice is a nullity.

(11) For the purpose of paragraph (10)(b) an appeal is treated as being withdrawn on the date on which notice in writing of the withdrawal is received by the Welsh Ministers.

(12) Except on the determination of an appeal where the Welsh Ministers issue a certificate under section 191 of the 1990 Act (certificate of lawfulness of existing use or development)(2) in accordance with section 177(1)(c) of that Act(3), the fee paid by the appellant in respect of a deemed application must be refunded to the appellant if the Welsh Ministers allow the appeal against the relevant enforcement notice on—

(a) grounds set out in section 174(2)(b) to (f) of the 1990 Act; or

(b) the ground that the notice is invalid, or that it contains a defect, error or misdescription which cannot be corrected in pursuance of the Welsh Ministers’ powers under section 176(1) of the 1990 Act(4).

(13) Half the fee paid by the appellant in respect of a deemed application must be refunded to the appellant in the event of the Welsh Ministers allowing the appeal against the relevant enforcement notice on the ground set out in section 174(2)(a) of the 1990 Act.

(14) In the case of a deemed application where—

(a) an enforcement notice is varied under section 176(1) of the 1990 Act otherwise than to take account of a grant of planning permission under section 177(1) of the 1990 Act; and

(b) the fee calculated in accordance with paragraphs (3) and (4) would have been a lesser amount if the original notice had been in the terms of the varied notice,

the fee payable is that lesser amount, and any excess amount already paid must be refunded.

(15) In determining a fee under paragraph (14) no account is taken of any change in fees which takes effect after the making of the deemed application.

(1)

Section 174(2) and (3) was substituted by section 6(1) of the Planning and Compensation Act 1991 (c. 34) and section 174(6) was amended by sections 32 and 84 of, and paragraph 22 of Schedule 7 and Part 1 of Schedule 19 to, that Act and by S.I. 2004/3156 (W. 273). Other amendments are not relevant to these Regulations.

(2)

Section 191 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34), and amended by section 124(3) of the Localism Act 2011 (c. 20) and section 58(1) of, and paragraph 6(1) and (3) of Schedule 4 to, the Mobile Homes (Wales) Act 2013 (2013 anaw 6).

(3)

Section 177(1) was amended by section 32 of, and paragraphs 8 and 24 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

(4)

Section 176(1) was substituted by section 32 of, and paragraphs 8 and 23 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).