The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2004

Made: 19 October 2004

Coming into force: 8 November 2004

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by section 303 of the Town and Country Planning Act 1990[^f00001], and now exercisable by the National Assembly for Wales in relation to Wales[^f00002], and all other powers enabling it in that behalf, hereby makes 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) (Wales) Regulations 2004 and come into force on 8 November 2004.

• (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 are amended in accordance with the provisions of this regulation.

• (2) In regulation 10A of the 1989 Regulations—

• (a) in paragraph (5)(b), for “£110” substitute “£120”; and

• (b) in paragraph (6), for “£220” substitute “£240” and for “£11,000” substitute “£12,100”.

• (3) In regulation 11A of the 1989 Regulations—

• (a) in paragraph (1)(a), for “£40” substitute “£45”; and

• (b) in paragraph (1)(b), for “£220” substitute “£240”.

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

• (a) in paragraphs 4(1) and 6(2), for “£220” substitute “£240”;

• (b) in paragraphs 7, 7A and 7B, for “£110” substitute “£120”; and

• (c) in paragraph 15(2), for “£220” substitute “£240” and for “£5,550” substitute “£6,050”.

• (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.

Revocation

3

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment No.2) (Wales) Regulations 2002[^f00004] and, in relation to Wales, paragraph 11 of Part I of Schedule 1 to the 1989 Regulations are hereby revoked.

SCHEDULE 1 — PART II OF SCHEDULE 1 TO THE 1989 REGUALTIONS

ATODLEN 2

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00005].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 19 October 2004

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 10% from 8 November 2004.

Regulation 2 amends the 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.

Except for the revocation of paragraph 11 of Part I of Schedule 1 to the 1989 Regulations (which relates to a spent provision of the Town and Country Planning Act 1990), only the amount of the fees is changed and there is no change to the categories of development or the basis of calculation.

These Regulations revoke the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment No.2) (Wales) Regulations 2002 (S.I. 2002/2258) (W.222).

Footnotes

[^f00001]: 1990 c. 8.

[^f00002]: The functions of the Secretary of State under section 303 were transferred, in relation to Wales, 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) and are now exercisable, in relation to Wales, by the National Assembly for Wales by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253 (W.5)).

[^f00003]: S.I. 1989/193, amended by S.I. 1990/2743, 1991/2735, 1992/1817, 1992/3052, 1993/3170 and 1997/37 and further amended, in relation to Wales, by S.I. 2002/1876 (W.185) and 2002/2258 (W.222).

[^f00004]: S.I. 2002/2258 (W.222).

[^f00005]: 1998 c. 38.