The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2006

Made: 28 March 2006

Coming into force: 1 April 2006

The National Assembly for Wales, in exercise of its powers as the appropriate authority under section 303 of the Town and Country Planning Act 1990[^f00001], hereby makes the following Regulations:

Title, commencement, interpretation and application

1

• (1) The title of these Regulations is the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2006.

• (2) These Regulations come into force on 1 April 2006.

• (3) In these Regulations, “the 1989 Regulations” (“Rheoliadau 1989”) means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989[^f00002].

• (4) These Regulations apply in relation to Wales.

General increase in fees

2

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

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

• (a) in paragraph (5)(b), for “£120” substitute “£144 until 31 March 2007, increasing thereafter to £159”; and

• (b) for paragraph (6), substitute—

• Where a use specified in an application under section 191(1)(a) is use as one or more dwellinghouses, the fee payable in respect of that use will be— where the use so specified is use as 50 or fewer dwellinghouses, £288 until 31 March 2007, increasing thereafter to £316; where the use so specified is use as more than 50 dwellinghouses, £14,400 until 31 March 2007, increasing thereafter to £15,800; and, in addition to either of those figures, an additional £80 for each dwellinghouse in excess of 50, subject to a maximum in total of £50,000.

• (3) In regulation 11A(1) of the 1989 Regulations—

• (a) in sub-paragraph (a), for “£45” substitute “£54 until 31 March 2007, increasing thereafter to £59”; and

• (b) in sub-paragraph (b), for “£240” substitute “£288 until 31 March 2007, increasing thereafter to £316”.

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

• (a) in paragraphs 4(1) and 6(2), for “£240” substitute “£288 until 31 March 2007, increasing thereafter to £316”;

• (b) in paragraphs 7, 7A and 7B, for “£120” substitute “£144 until 31 March 2007, increasing thereafter to £159”; and

• (c) for paragraph 15(2), substitute—

• Where an application is for outline planning permission and relates to development which is within more than one of the categories specified in that table, the fee payable in respect of the application will be— where the site area does not exceed 2.5 hectares, £288 for each 0.1 hectare of the site area until 31 March 2007, increasing thereafter to £316; where the site area exceeds 2.5 hectares, £7,200 until 31 March 2007, increasing thereafter to £7,900; and, in addition to either of those figures, an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000.

• (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.

• (7) For the purposes of paragraphs (5) and (6), the fee payable between 1 April 2006 and 31 March 2007 is the fee specified in the second column of the tables set out in the Schedules to these Regulations and the fee payable on or after 1 April 2007 is the fee specified in the third column of those tables.

Amendment of the 1989 Regulations

3

For regulation 7(1) of the 1989 Regulations, substitute—

(7) (1) Where all the conditions set out in paragraph (2) are satisfied, regulation 3 does not apply to an application for approval of one or more reserved matters which is or are made following the granting of approval of details relating to the same reserved matters authorised by the same outline planning permission, on an application made by or on behalf of the same applicant.

Revocation

4

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2004[^f00003] are revoked.

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

SCHEDULE 2

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00004]

D. Elis-Thomas — The Presiding Officer of the National Assembly — 28 March 2006

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 to increase fees payable, in relation to Wales, under the 1989 Regulations by 20% from 1 April 2006 and by a further 10% from 1 April 2007.

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 under Schedule 2, to the 1989 Regulations are set out in the Schedules to these Regulations.

Regulation 3 amends regulation 7(1) of the 1989 Regulations so as to require an applicant to pay a fee for making a further application to a local planning authority where the further application relates to an application for which planning permission was previously granted.

These Regulations revoke the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2004 (S.I. 2004/2736) (W.243).

Footnotes

[^f00001]: 1990 c. 8; section 303 was amended by paragraph 10 of Schedule 13 to the Environmental Protection Act 1990 (c. 43), section 6(6) of the Planning and Compensation Act 1991 (c. 34) and section 53 of the Planning and Compulsory Purchase Act 2004 (c. 5). See S.I. 2004/2097 (C.89) and, in relation to Wales, 2006/931 (C.26). See also section 303(2A) of the Town and Country Planning Act 1990 for the meaning of “appropriate authority” and section 336(1) of that Act for the definition of “prescribed”.

[^f00002]: S.I. 1989/193, amended, in relation to England and Wales, by S.I. 1990/2743, 1991/2735, 1992/1817, 1992/3052, 1993/3170 and 1997/37 and, in relation to Wales, by S.I. 2002/1876 (W.185), 2002/2258 (W.222) and 2004/2736 (W.243).

[^f00003]: S.I. 2004/2736 (W.243).

[^f00004]: 1998 c. 38.