Planning (Fees) (Amendment) Regulations (Northern Ireland) 1997

Made: 26th February 1997

Coming into operation: 1st April 1997

The Department of the Environment, in exercise of the powers conferred by Articles 127 and 129(1) of the Planning (Northern Ireland) Order 1991[^f00001] and of every other power enabling it in that behalf, hereby makes the following regulations:

Citation and commencement

1

These regulations may be cited as the Planning (Fees) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 1st April 1997.

Amendment of the Planning (Fees) Regulations (Northern Ireland) 1995

2

• (1) The Planning (Fees) Regulations (Northern Ireland) 1995[^f00002] shall be amended in accordance with paragraphs (2) to (7).

• (2) In regulations 11(1) (reduced fees and refunds), 13(3) (fee for certain deemed applications), 16 (fees for applications for listed building consent) and 19(2) (fee for certain statutory authorities) for “£31” substitute “£34”.

• (3) In regulation 17(1) (fee for appeals) for “£65” substitute “£100”.

• (4) In regulation 18(1) (fee for application for a determination) for “£27” substitute “£30”.

• (5) In Schedule 1—

• (a) in Part I, in paragraphs 4(1) (fee for application or deemed application by certain non-profit making organisations), 5(2) and (3) (fee for certain applications for approval of reserved matters) for “£270” substitute “£300”;

• (b) in Part I, paragraph 3 is hereby revoked; and

• (c) for Part II, substitute Part II set out in the Schedule to these regulations.

• (6) In Schedule 2 (fees for applications for consent to display advertisements)—

• (a) for “£51” where it twice occurs substitute “£56”;

• (b) for “£236” substitute “£260”.

SCHEDULE — Substitution for Part II of Schedule 1

Signed

Sealed with the Official Seal of the Department of the Environment on

J. McConnell — Assistant Secretary — 26th February 1997.

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Planning (Fees) Regulations (Northern Ireland) 1995 (“the 1995 Regulations”) which prescribe fees payable to the Department of the Environment in respect of applications made under the Planning (Northern Ireland) Order 1991 (“the 1991 Order”)

• (a) for planning permission for development of land and for approval of matters reserved in an outline planning permission;

• (b) for consent for the display of advertisements;

• (c) for listed building consent; and

• (d) to the Planning Appeals Commission in respect of appeals and applications for planning permission deemed to have been made on an appeal against enforcement notices by virtue of Article 71(3) of the 1991 Order.

The Regulations—

• (1) increase the following fees by approximately 10%—

• (i) reduced fees, certain fees for deemed applications, for listed building consent and fees for certain statutory authorities (regulation 2(2));

• (ii) fees for applications for determination as to the need for planning permission or listed building consent (regulation 2(4));

• (iii) fees for applications or deemed application by certain non-profit making organisations and for certain applications for approval of reserved matters (regulation 2(5));

• (iv) fees for applications for consent to display advertisements; and

• (v) fees in categories 1(A), 2(B), 3(A), 3(B)(ii), 5, 6 and 8(b) of Schedule 1 of the 1995 Regulations. (The remaining fees in Schedule 1 remain unchanged.)

• (2) increase the fees for appeals (regulation 2(3)) by 54% to meet the cost of advertising.

• (3) revoke paragraph 3 of Part I of Schedule 1 to the 1995 Regulations which relates to a concessionary fee for an application made by the same applicant, relating to the same site and for the same development, where an original application was lodged not more than 28 days previously.

The general effect of these Regulations will be to increase fee income by approximately 6% overall.

Footnotes

[^f00001]: S.I. 1991/1220 (N.I. 11). Art. 2(2) contains definitions of “the Department” and “prescribed”

[^f00002]: S.R. 1995 No. 78 amended by S.R. 1996 No. 41