The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015

Signed

Carl Sargeant — Minister for Natural Resources, one of the Welsh Ministers — 6 July 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations consolidate, with changes, the provisions of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (“the 1989 Regulations”) in so far as they apply in Wales and the Town and Country Planning (Fees for Non-Material Changes) (Wales) Regulations 2014 (“the 2014 Regulations”).

These Regulations provide for the payment of fees to local planning authorities in respect of:

• (1) applications made under the Town and Country Planning Act 1990 (“the 1990 Act”) for planning permission for development or for approval of matters reserved by an outline planning permission;

• (2) deemed applications for planning permission under section 177(5) of the 1990 Act;

• (3) applications for a certificate of lawful use or development;

• (4) applications for consent for the display of advertisements;

• (5) certain applications under the Town and Country Planning (General Permitted Development Order) 1995;

• (6) applications for non-material changes to planning permission; and

• (7) site visits to mining and landfill sites.

The main changes are:

• (a) an increase in fees by approximately 15%;

• (b) fees paid in respect of applications for planning permission or for approval of reserved matters are refunded if the local planning authority fail to determine the application within specified times (regulation 9);

• (c) fees in respect of deemed applications are paid to the local planning authority rather than half to the local planning authority and half to the Welsh Ministers (regulation 10);

• (d) fees paid in respect of a deemed application in relation to the use of the land as a caravan site are to be treated the same as other applications for the purposes of refunds (regulation 10(12)). Under the 1989 Regulations, such a deemed application was excluded from the provisions for refunds;

• (e) fees are payable in respect of applications for consent, agreement or approval required by any planning condition or limitation, and any such fee is refunded if the local planning authority fail to determine the application within specified times (regulation 15);

• (f) a fee is payable to the local planning authority on a revised application for approval of reserved matters where those reserved matters have previously been approved. Under the 1989 Regulations such an application was exempt from payment of a fee where conditions were met;

• (g) where applications are made for planning permission, for approval of reserved matters or for certificates of lawful use or development which relate to land in the area of two or more local planning authorities, a fee is payable to each local planning authority (paragraph 8 of Schedule 1). Under the 1989 Regulations the fee was payable to the local planning authority in whose area the largest part of the land was situated.

Some minor and consequential drafting changes have also been made.

The 1989 and 2014 Regulations are revoked and there are transitional and savings provisions.

The Regulatory Impact Assessment applicable to these Regulations is obtainable from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.wales.gov.uk .

Footnotes

Editorial notes

Fees for requests for pre-application services under the 2016 Regulations

2A

• (1) Where a request for pre-application services is made to a local planning authority under the 2016 Regulations, a fee must be paid to that authority.

• (2) The fee payable in respect of a request for pre-application services is calculated in accordance with Schedule 4.

• (3) The fee must be paid to the local planning authority with whom the request is lodged and must accompany the request.

• (4) Any fee paid pursuant to this regulation must be refunded if the request is rejected as invalid.

Fees for planning applications

Exceptions – access and facilities for disabled persons

Exceptions – permission granted by General Permitted Development Order not applying

Exceptions – application relating to same use class necessary because of condition

Exceptions – consolidation of subsisting minerals permissions

Exemptions – application following withdrawal of earlier application or refusal of planning permission etc.

Refund of fees in relation to applications not determined within specified periods

Fees in respect of deemed applications

Fees for applications for certificates of lawful use or development

Fees for applications for consent for advertisements

Fees for certain applications under the General Permitted Development Order

Fees in respect of the monitoring of mining and landfill sites

Fees for applications made under planning condition

Fees for applications for non-material changes to planning permission

Fees for post submission amendments to major development applications

16A

• (1) Where an amendment to a valid application to which paragraph (2) applies has been submitted to a local planning authority in accordance with article 22(1A) of the Development Management Procedure Order, the fee specified in paragraph (3) must be paid to the local planning authority.

• (2) This paragraph applies to an amendment to a valid application for major development.

• (3) The fee is the amount published by the Welsh Ministers in accordance with regulation 2ZA (publication of fee document).

• (4) In this regulation—

• (a) “valid application” (“cais dilys”) has the same meaning as in article 22(3) of the Development Management Procedure Order;

• (b) “major development” (“datblygiad mawr”) has the same meaning as in article 2(1) of the Development Management Procedure Order.

Revocation, transitional provisions and savings

5A

• (1) Where application is made pursuant to section 73 of the 1990 Act —

• (a) following the refusal or partial refusal of an earlier application under section 96A(4) of the 1990 Act made by or on behalf of the same applicant; or

• (b) where the local planning authority have not given notice of their decision in respect of an earlier application under section 96A(4) of the 1990 Act made by or on behalf of the same applicant within the period specified in article 28A(7) of the Development Management Procedure Order;

and all the conditions set out in sub-paragraph (2) are satisfied, the fee payable is the fee specified in sub-paragraph (3).

• (2) The conditions referred to in sub-paragraph (1) are—

• (a) the application is made within 6 months following—

• (i) the date of the refusal or partial refusal of the earlier application; or

• (ii) as the case may be, expiry of the period specified in article 28A(7) of the Development Management Procedure Order in relation to the earlier application;

• (b) the local planning authority to whom application is made are satisfied that the application relates to development of the same character or description as the development to which the earlier application related (and to no other development);

• (c) the fee payable in respect of the earlier application was paid; and

• (d) the applicant has not already paid a fee under this paragraph in respect of a previous application made pursuant to section 73 of the 1990 Act that related to development of the same character or description as the development to which the current application relates.

• (3) The fee is—

• (a) if the application is a householder change application, the amount published by the Welsh Ministers in accordance with regulation 2ZA (publication of fee document);

• (b) in any other case, the amount published by the Welsh Ministers in accordance with regulation 2ZA (publication of fee document).

SCHEDULE 4 — Fees in Respect of Requests for Pre-Application Services

PART 1 — Fees payable under Regulation 2A

1

• (1) Subject to paragraph 2 of this Part, the fee payable under regulation 2A is calculated in accordance with the table set out in Part 2 and paragraphs 3 to 5.

• (2) In this Part—

• (a) a reference to a category is to a category of proposed development specified in the table set out in Part 2; and a reference to a numbered category is to the category so numbered in the table; and

• (b) “householder application” (“cais deiliad tŷ”) has the same meaning as in article 2(1) of the Development Management Procedure Order.

2

Where a request for pre-application services relates to a proposed householder application, the fee payable is the amount published by the Welsh Ministers in accordance with regulation 2ZA (publication of fee document).

3

Where, in respect of any category, the fee is to be calculated by reference to the site area, that area must be taken as consisting of the area of land to which the proposed application relates.

4

In relation to proposed development within category 2 or 3, the area of the gross floor space to be created by the proposed development must be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or partly) by external walls of a building.

5

Where a request for pre-application services relates to proposed development within more than one category, a single fee is payable which is the higher or highest of the fees calculated in accordance with each such category.

PART 2 — Fees in Respect of Requests for Pre-Application Services

Fees for applications for certificates of appropriate alternative development

16B

• (1) Where an application is made to a local planning authority under section 17 of the Land Compensation Act 1961 (certificates of appropriate alternative development) a fee must be paid to that authority.

• (2) The fee payable in respect of an application to which this regulation applies is the amount published by the Welsh Ministers in accordance with regulation 2ZA (publication of fee document).

• (3) Where an application is made by or on behalf of a community council, the fee payable is one half of the amount that would otherwise be payable.

• (4) The fee due in respect of an application to which this regulation applies must accompany the application when it is lodged with the local planning authority.

• (5) Where the local planning authority who receive the fee in accordance with paragraphs (1) to (4) are not the local planning authority who have to determine the application, they must remit the fee to that authority at the same time as they forward the application to them.

• (6) Any fee paid pursuant to this regulation must be refunded if the application is rejected as invalid.

Revocation, transitional provisions and savings

Publication of fee document

2ZA

• (1) The Welsh Ministers must—

• (a) prepare and publish a fee document on a website maintained by or on behalf of the Welsh Ministers; and

• (b) make hard copies of the fee document available on request.

• (2) The fee document must set out—

• (a) the method used to calculate fees;

• (b) the amount of fees payable under paragraph (4);

• (c) the time period relating to any fee changes;

• (d) subject to paragraph (3), the timing and frequency of publication of the fee document;

• (e) consultation requirements relating to any proposed changes to the matters referred to in sub-paragraphs (a), (c) and (d); and

• (f) the date on which the fee document comes into force.

• (3) The Welsh Ministers must publish the fee document on their website not less than 4 weeks before the day on which the fee document comes into force.

• (4) The fees payable, as mentioned in paragraph (2)(b), are the fees payable, including any additional fees, under the provisions listed in sub-paragraphs (a) to (j) below—

• (a) regulation 2A(2) and Part 1 of Schedule 4 (fees payable under regulation 2A), paragraph 2 and Part 2 of Schedule 4 (fees in respect of requests for pre-application services);

• (b) regulation 3(2) (fees for planning applications) and Part 1 of Schedule 1 (fees in respect of applications and deemed applications for planning permission or for approval of reserved matters), paragraphs 3(1), 4(2) and (3), 5, 5A, 6(b), 7, 13(2)(a) and (b) and Part 2 of Schedule 1;

• (c) regulation 11(3)(b) (fees for applications for certificates of lawful use or development);

• (d) regulation 12(2) and Schedule 2 (fees for advertisements scale of fees in respect of applications for consent to display advertisements);

• (e) regulation 13(1)(a) and (b) (fees for certain applications under the General Permitted Development Order);

• (f) regulation 14(4) and (5) (fees in respect of the monitoring of mining and landfill sites);

• (g) regulation 15(1)(a) and (b) (fees for applications made under planning condition) and Part 2 of Schedule 1 (scale of fees in respect of applications made or deemed to be made);

• (h) regulation 16(1)(a) and (b) (fees for applications for non-material changes to planning permission);

• (i) regulation 16A(3) (fees for post submission amendments to major development applications);

• (j) regulation 16B(2) (fees for applications for certificates of appropriate alternative development).

Fees for requests for pre-application services under the 2016 Regulations

Fees for planning applications

Exceptions – access and facilities for disabled persons

Exceptions – permission granted by General Permitted Development Order not applying

Exceptions – application relating to same use class necessary because of condition

Exceptions – consolidation of subsisting minerals permissions

Exemptions – application following withdrawal of earlier application or refusal of planning permission etc.

Refund of fees in relation to applications not determined within specified periods

Fees in respect of deemed applications

Fees for applications for certificates of lawful use or development

Fees for applications for consent for advertisements

Fees for certain applications under the General Permitted Development Order

Fees in respect of the monitoring of mining and landfill sites

Fees for applications made under planning condition

Fees for applications for non-material changes to planning permission

Fees for post submission amendments to major development applications

Fees for applications for certificates of appropriate alternative development

Revocation, transitional provisions and savings