The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment No. 2) (Wales) Regulations 2002

Made: 3rd September 2002

Coming into force: 4th September 2002

The National Assembly for Wales, in exercise of the powers conferred on the Secretary of State by section 303 of the Town and Country Planning Act 1990[^f00001], and now exercisable, in relation to Wales, by the National Assembly for Wales[^f00002], hereby make the following Regulations:

Citation, commencement, interpretation and application

1

• (1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment No. 2) (Wales) Regulations 2002 and come into force on 4th September 2002.

• (2) In these Regulations “the 1989 Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989[^f00003].

• (3) These Regulations apply to Wales.

General increase in fees

2

• (1) The 1989 Regulations, as they apply to Wales, are amended in accordance with the provisions of this regulation.

• (2) In regulation 10A of the 1989 Regulations[^f00004]—

• (a) in paragraph (5)(b), for “£95” substitute “£110”; and

• (b) in paragraph (6), for “£190” substitute “£220”, and for “£9,500” substitute “£11,000”.

• (3) In regulation 11A of the 1989 Regulations[^f00005]—

• (a) in paragraph (1)(a), for “£35” substitute “£40”; and

• (b) in paragraph (1)(b), for “£190” substitute “£220”.

• (4) In Part I of Schedule 1 to the 1989 Regulations—

• (a) in paragraphs 4(1) and 6(2), for “£190” substitute “£220”;

• (b) in paragraphs 7, 7A[^f00006] and 7B[^f00007], for “£95” substitute “£110”; and

• (c) in paragraph 15(2), for “£190” substitute “£220” and for “£4,750” substitute “£5,500”.

• (5) For Part II of Schedule 1 to the 1989 Regulations (scale of fees), substitute the new Part II set out in Schedule 1 to these Regulations.

• (6) For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications), substitute the new Schedule 2 set out in Schedule 2 to these Regulations.

SCHEDULE 1

PART II OF SCHEDULE 1 TO THE 1989 REGULATIONS — SCALE OF FEES IN RESPECT OF APPLICATIONS MADE OR DEEMED TO BE MADE ON OR AFTER 4 SEPTEMBER 2002

1

The erection of dwellinghouses (other than development within category 6 below).

2

The erection of buildings (other than buildings in categories 1,3,4,5 or 7).

3

The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings coming within category 4).

4

The erection of glasshouses on land used for the purposes of agriculture.

5

The erection, alteration or replacement of plant or machinery.

6

The enlargement, improvement or other alteration of existing dwellinghouses.

7

• (a) The carrying out of operations (including the erection of a building) within the curtilage of an existing 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 the curtilage of an existing dwellinghouse; or

• (b) the construction of carparks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.

8

The carrying out of any operations connected with exploratory drilling for oil or natural gas.

9

The carrying out of any operations not coming within any of the above categories.

10

The change of use of a building to use as one or more separate dwellinghouses.

11

• (a) 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

• (b) for use of land for the storage of minerals in the open.

12

The making of a material change in the use of a building or land (other than a material change of use coming within any of the above categories).

SCHEDULE 2 — SCALE OF FEES IN RESPECT OF APPLICATIONS FOR CONSENT TO DISPLAY ADVERTISEMENTS MADE ON OR AFTER 4 SEPTEMBER 2002

1

Advertisements displayed on business premises, on the forecourt of business premises or on other land within the curtilage of business premises, wholly with reference to all or any of the following matters—

• (a) the nature of the business or other activity carried on on the premises;

• (b) the goods sold or the services provided on the premises; or

• (c) the name and qualifications of the person carrying on such business or activity or supplying such goods or services.

2

Advertisements for the purposes of directing members of the public to, or otherwise drawing attention to the existence of, business premises which are in the same locality as the site on which the advertisement is to be displayed but which are not visible from that site.

3

All other advertisements.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00008]

Jane Davidson — Minister for Education and Lifelong Learning — 3rd September 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend, in relation to Wales, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (“the 1989 Regulations”).

The effect of these Regulations is that all fees payable under the 1989 Regulations are increased by approximately 15% from 4 September 2002.

Regulation 2 amends fees payable under regulations 10A and 11A of, and Part I of Schedule 2 to, the 1989 Regulations. Replacement scales of fees for those payable under Part II of Schedule 1, and Schedule 2, to the 1989 Regulations are set out in the Schedules to these Regulations.

Only the amount of the fees is changed and there is no change to the categories of development or the basis of calculation.

Footnotes

[^f00001]: 1990 c. 8; section 303 was amended by paragraph 10 of Schedule 13 to the Environmental Protection Act 1990 (c. 43), and by section 6(6) of the Planning and Compensation Act 1991 (c. 34). See section 336(1) of the Town and Country Planning Act 1990 for the definition of “prescribed”.

[^f00002]: The functions of the Secretary of State under section 303 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

[^f00003]: S.I. 1989/193, amended, in relation to Wales, by S.I. 1990/2743, 1991/2735, 1992/1817, 1992/3052, 1993/3170, 1997/37 and 2002/ 1876 (W.185)

[^f00004]: Regulation 10A was inserted by regulation 4 of S.I. 1992/1817.

[^f00005]: Regulation 11A was inserted by paragraph 3 of Schedule 3 to S.I. 1991/2735 and paragraph (1) was substituted by regulation 2 of S.I. 2002/1876 (W. 185).

[^f00006]: Paragraph 7A was inserted by regulation 6(b) of S.I. 1992/1817.

[^f00007]: Paragraph 7B was inserted by regulation 5 of S.I. 1992/3052.

[^f00008]: 1998 c. 38.