The Planning (Fees) Regulations (Northern Ireland) 2005

Made: 27th April 2005

Coming into operation: 18th May 2005

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 all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

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Interpretation

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Fees for planning applications

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Exemptions

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Cases where reduced fees apply

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Fee for application made following a determination as to whether listed building consent required

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Amount of reduced fees and refunds

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Fees for deemed applications

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Exemption, etc. – deemed applications

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Refunds – deemed applications

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Fees for applications for consent of advertisements

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Fees for applications in designated areas

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Fees for Hazardous Substances Consent

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Fees for applications for determination as to whether listed building consent required

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Fees for applications for certificates of lawful use or development

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Fees for statutory authorities

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Revocations

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SCHEDULE 1 — FEES IN RESPECT OF APPLICATIONS AND DEEMED APPLICATIONS FOR PLANNING PERMISSION OR FOR APPROVAL OF RESERVED MATTERS

PART 1 — general provisions

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PART 2 — scales of fees

1

All Buildings

2

The erection of dwellinghouses

3

The extension, improvement or alteration of an existing dwelling house, including the erection of a building or the carrying out of other operations within the curtilage of a dwellinghouse for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of a curtilage of an existing dwellinghouse.

4

The erection of industrial, commercial, community and other buildings, other than dwellinghouses or buildings covered by category 3.

5

The erection, alteration or replacement of plant and machinery including telecommunications/datacommunications equipment and wind farms.

6

The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes and for agricultural and commercial glasshouses.

7

The winning and working of peat.

8

• (a) The winning and working of minerals (other than peat).

9

The construction of single level car parks, service roads and other means of access on land used for the purpose of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.

10

• (a) The continuance of a use of land or the retention of buildings or works on land, without compliance with a condition subject to which a previous planning permission has been granted (including a condition requiring the discontinuance of the use or the removal of the building or works at the end of the specified period).

• (b) An application to develop land without compliance with a condition subject to which a previous planning permission has been granted.

11

An application for a material change of use.

12

Demolition in an area of townscape character or an area of village character.

13

Any other application not falling within categories 1-12.

SCHEDULE 2 — FEES FOR HAZARDOUS SUBSTANCES CONSENT

1

Presence of hazardous substances on, over or under land.

SCHEDULE 3 — REGULATIONS REVOKED

Regulations revoked	References
Regulation 20 of the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993	S.R. 1993 No. 275
Planning (Fees) Regulations (Northern Ireland) 1995 except for Regulation 17 (Fees for Appeals)	S.R. 1995 No. 78
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1996	S.R. 1996 No. 41
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1997	S.R. 1997 No. 104
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1998	S.R. 1998 No. 223
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2001	S.R. 2001 No. 225
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2003	S.R. 2003 No. 41
Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003	S.R. 2003 No. 446
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2004	S.R. 2004 No. 102

Signed

Sealed with the Official Seal of the Department of the Environment on 27th April 2005.

Marianne Fleming — A senior officer of the — Department of the Environment

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and replace with amendments, Regulation 20 of the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993, the Planning (Fees) Regulations (Northern Ireland) 1995 except for regulation 17 (Fees for Appeals), the Planning (Fees) (Amendment) Regulations (Northern Ireland) 1996, the Planning (Fees) (Amendment) Regulations (Northern Ireland) 1997, the Planning (Fees) (Amendment) Regulations (Northern Ireland) 1998, the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2001, the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2003, the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003, and the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2004.

The principal changes are –

• (a) Regulation 9 consolidates regulation 2(2) of the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003. It reduces the required fee on submission of an application for listed building consent following a determination under Article 48 (applications to determine whether planning permission is required) of the Planning (Northern Ireland) Order 1991, “the 1991 Order”.

• (b) Regulation 15 provides for harmonisation of the fees which apply in designated areas for Listed Building Consent and Conservation Area Consent.

• (c) Regulation 16 provides for the payment of a fee in relation to an application for Hazardous Substances Consent.

• (d) Regulation 17 consolidates regulation 2(4) of the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003. It provides the fee for applications for determinations under Article 48 of the 1991 Order and further provides for an exemption if conditions are satisfied.

• (e) Regulation 18 consolidates regulation 2(5) of the Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003. It provides the fees for applications for certificates of lawful use or development.

• (f) Concessionary fees have been removed in relation to the resubmission of an application following refusal or appeal against non-determination, for consolidating minerals permissions and for alternative proposals submitted at the same time.

• (g) The new Regulations provide for a simplified fees structure. Certain categories of fees are being replaced by a single fee, for example, categories 4 and 5. There are also instances where the previous flat rate fee is being replaced by a sliding scale fee calculated on site area, floor space or number of properties, for example, categories 6 and 11. The general effect of the changes will be to increase fee income by around 12% overall.

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from the Department of the Environment, Planning Service Headquarters, Millennium House, 17-25 Great Victoria Street, Belfast BT2 7BN (Tel: 028 9041 6384 or 028 9041 6920) or accessed at http://www.planningni.gov.uk/

Footnotes

[^f00001]: S.I. 1991/1220 (N.I. 11) as amended by S.I. 2003/430 (N.I. 8)

Cases where reduced fees apply

Fee for application made following a determination as to whether listed building consent required

Amount of reduced fees and refunds

Fees for deemed applications

Exemption, etc. – deemed applications

Refunds – deemed applications

Fees for applications for consent of advertisements

Fees for applications in designated areas

Fees for Hazardous Substances Consent

Fees for applications for determination as to whether listed building consent required

Fees for applications for certificates of lawful use or development

Fees for statutory authorities

Revocations

Editorial notes

[^key-10b0a6d1eebca25711c4119058e32f70]: Regs. 11-13 revoked (1.4.2015) by The Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015 (S.R. 2015/136), regs. 1, 10(2)

[^key-fa428cbf1337f0d49677bc210fefcfb9]: Sch. 1 revoked in so far as not already revoked (1.4.2015) by The Planning Fees (Deemed Planning Applications and Appeals) Regulations (Northern Ireland) 2015 (S.R. 2015/136), regs. 1, 10(2)

Fees for applications for consent to display advertisements

	Category of development	Fee Payable
1.	All buildings (other than a single dwellinghouse)	Outline Applications£252 for each 0.1 hectare of the site area subject to a maximum of £10,066
1A.	Single dwellinghouse	£425
2.	The erection of a dwellinghouse	(a) Reserved MattersWhere the application is for a single dwellinghouse, £425(b) FullWhere the application is for a single dwellinghouse, £851(c) Full and reserved MattersFor 2 or more dwellinghouses—(i)Where the number of dwellinghouses to be created by the development is 50 or fewer, £1,000 for two dwellinghouses and £357 for each additional dwellinghouse;(ii)Where the number of dwellinghouses to be created by the development exceeds 50, £18,136; and an additional £106 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £265,806.
3.	The extension, improvement or alteration of an existing dwellinghouse, including the erection of a building or the carrying out of other operations within the curtilage of a dwellinghouse for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary or a curtilage of an existing dwellinghouse.	£285 for each dwelling.
4.	The erection of industrial, commercial, community and other buildings, other than dwellinghouses or buildings covered by category 3.	Full and Reserved Matters(a) Where no floor space is to be created by the development, £181;(b)Where the area of gross floor space to be created by the development does not exceed 40 sq.m., £181;(c) Where the area of the gross floor space to be created by the development exceeds 40 sq.m., but does not exceed 75 sq.m., £357;(d) Where the area of the gross floor space to be created by the development exceeds 75 sq.m., but does not exceed 3750 sq.m., £357 for each 75 sq.m., of that area;(e) Where the area of gross floor space to be created by the development exceeds 3750 sq.m., £17,930; and an additional £106 for each 75 sq.m., in excess of 3750 sq.m., subject to a maximum of £265,806.
5.	The erection, alteration or replacement of plant and machinery including telecommunications/datacommunications equipment, a single wind turbine and wind farms.	(a) where the site area does not exceed 5 hectares, £357 for each 0.1 hectare of the site area;(b) Where the site area exceeds 5 hectares, £17,824; and an additional £106 for each 0.1 hectare in excess of 5 hectares, subject to a maximum in total of £265,806.
6.	The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural and commercial glasshouses.	£949 for each 500 sq.m., of floorspace subject to a maximum of £12,582.
7.	The winning and working of peat.	£1,887 for each 5 hectares of the site area subject to a maximum of £33,971.
8.	(a) The winning and working of minerals (other than peat).(b) The carrying out of any operations connected with exploratory drilling for oil or natural gas.(c) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land or the use of land for the storage of minerals in the open.(d) The carrying out of any other operation not coming within any of the above categories.	£365 per 0.1 hectare of the site area subject to a maximum of £40,828
9.	The construction of single level car parks, service roads and other means of access on land used for the purpose of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.	£252
10.	(a) The continuance of a use of land or the retention of buildings or works on land, without compliance with a condition subject to which a previous planning permission has been granted (including a condition requiring discontinuance of the use of the removal of the building or works at the end of the specified period).(b) An application to develop land without compliance with a condition subject to which a previous planning permission has been granted.	£252
11.	An application for a material change of use.	(a) Where the application relates to a dwellinghouse, £692 for the first dwellinghouse and £252 for each additional dwellinghouse subject to a maximum of £12,582.(b) For any other change of use, £252 for each 75 sq.m., of floor space subject to a maximum of £12,582.
12.	Any other application not falling within categories 1-11.	£831.

Fee for an application for planning permission for EIA development

16A

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Fees for applications for determination as to whether listed building consent required

Fees for applications for certificates of lawful use or development

Fees for statutory authorities

Revocations

5A

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Cases where reduced fees apply

Fee for application made following a determination as to whether listed building consent required

Amount of reduced fees and refunds

Fees for deemed applications

Exemption, etc. – deemed applications

Refunds – deemed applications

Fees for applications for consent to display advertisements

Fees for applications in designated areas

Fees for Hazardous Substances Consent

Fee for an application for planning permission for EIA development

Fees for applications for determination as to whether listed building consent required

Fees for applications for certificates of lawful use or development

Fees for statutory authorities

Revocations

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