Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017 and come into force on the twenty eighth day after the day on which they are made.

(2) In these Regulations “the 2012 Regulations” means the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012( 2 ).

Amendments in relation to an increase in application fees

2. —(1) The 2012 Regulations are amended as follows.

(2) In regulation 11—

(a) in paragraph (3)(b) for “£195” substitute “£234”;

(b) in paragraph (6)(a) for “£385” substitute “£462”; and

(c) in paragraph (6)(b) for “£19,049” substitute “£22,859”, for “£115” substitute “£138” and for “£250,000” substitute “£300,000”.

(3) In regulation 15—

(a) in paragraph (4) for “£331” substitute “£397”; and

(b) in paragraph (5) for “£110” substitute “£132”.

(4) In paragraph (1) of regulation 16—

(a) in sub-paragraph (a) for “£28” substitute “£34”; and

(b) in sub-paragraph (b) for “£97” substitute “£116”.

(5) In regulation 17—

(a) the first provision is numbered as paragraph (1);

(b) in paragraph (1)(a) for “£28” substitute “£34”; and

(c) in paragraph (1)(b) for “£195” substitute “£234”.

(6) In paragraph (2) of regulation 18, for “£195” substitute “£234”.

(7) In Part 1 of Schedule 1—

(a) in paragraphs 3(1) and 4(2) for “£385” substitute “£462”;

(b) in paragraphs 5 and 6(b) for “£195” substitute “£234”;

(c) in paragraph 7(1)—

(i) in paragraph (a) for “£57” substitute “£68”;

(ii) in paragraph (b) for “£575” substitute “£690”;

(iii) in paragraph (c) for “£195” substitute “£234”; and

(d) in paragraph 14(2)—

(i) in paragraph (a) for “£385” substitute “£462”;

(ii) in paragraph (b) for “£9,527” substitute “£11,432”, for “£115” substitute “£138” and for “£125,000” substitute “£150,000”.

(8) In Part 2 of Schedule 1 (scale of fees), in the “Fee Payable” column of the table, for any fee of an amount specified in Column 1 of the table below, substitute the increased amount specified in Column 2.

(9) In Schedule 2 in the table, for “£110” in both places it occurs, substitute “£132” and for “£385” substitute “£462”.

Amendments in relation to permission in principle

3. —(1) The 2012 Regulations are amended as follows.

(2) In regulation 1—

(a) after paragraph (4)(b)(i) insert—

“ (iiza) applications for permission in principle; ” ;( 3 ) and

(b) in paragraph (4)(b)(ix) omit “to planning permission”.

(3) In paragraph (1) of regulation 3, after “development of land” insert “, for permission in principle”.

(4) In regulation 8—

(a) in paragraph (1) at the end of sub-paragraph (a) omit “or” and after that sub-paragraph insert—

“ (aa) an application for permission in principle which is made following the granting of permission in principle for development which the local planning authority are satisfied is development of the same character or description as the development to which the application relates, on an application for permission in principle made by or on behalf of the same applicant; or ” ;

(b) in paragraph (2)(a) after “planning permission” insert “, grant of permission in principle”; and

(c) in paragraph (2)(b) at the end of paragraph (i) omit “or” and after that paragraph insert—

“ (ia) in the case of an application for permission in principle, to the same site as that to which the grant of permission in principle related, or to part of that site, and to no other land except land included solely for the purpose of providing a different means of access to the site; or ” .

(5) In regulation 9—

(a) in paragraph (1) after sub-paragraph (a) insert—

“ (aa) an application for permission in principle which is made following the withdrawal (before notice of the decision was issued) of a valid application for permission in principle made by or on behalf of the same applicant; ” ;

(b) in paragraph (1) after sub-paragraph (b) insert—

“ (ba) an application for permission in principle which is made following the refusal of permission in principle (whether by the local planning authority or by the Secretary of State on appeal or following the reference of the application to the Secretary of State for determination) on a valid application for permission in principle made by or on behalf of the same applicant; ” ;

(c) in paragraph (1) after sub-paragraph (c) insert—

“ (ca) an application for permission in principle which is made following the making of an appeal to the Secretary of State under section 78(2) of the 1990 Act (right of appeal against failure to take planning decisions) in relation to a valid application for permission in principle made by or on behalf of the same applicant; ” ;

(d) in paragraph (2)(b)(i) after “planning permission” insert “or permission in principle”;

(e) in paragraph (2)(c) after “planning permission” insert “or permission in principle”; and

(f) after paragraph (2)(d) insert—

“ (da) in the case of an application for planning permission which is in the form of an application for technical details consent, that the earlier application was also in the form of an application for technical details consent; ” ( 4 ).

(6) In paragraph (1) of regulation 9A, after “planning permission” insert “, or permission in principle”.

(7) In paragraph (2) of regulation 12, after “planning permission” insert “or permission in principle, as the case may be,”.

(8) In regulation 17—

(a) in the heading after “planning permission” insert “or permission in principle”; and

(b) in paragraph (1) omit the words “to planning permission”.

(9) In Schedule 1—

(a) in Part 1—

(i) in paragraph 1(3)(a) after “planning permission” insert “or permission in principle”;

(ii) in paragraph 8(1)(a) after “planning permission” insert “or permission in principle”;

(iii) in paragraph 8(1)(b) after “Development Management Procedure Order (general provisions in relation to applications)” insert “or article 5D(1) of the Town and Country Planning (Permission in Principle) Order 2017, as the case may be.”;( 5 )

(iv) in paragraph 10(1)(a) after “planning permission” insert “or permission in principle”;

(v) in paragraph 10(2) after planning permission” insert “, permission in principle”; and

(b) in the table in Part 2—

(i) in the entry relating to category 1, in the second column (fee payable), after sub-paragraph (1) insert—

“ (1A) Where the application is for permission in principle, £402 for each 0.1 hectare of the site area. ” ;

(ii) in the entry relating to category 2, in the second column (fee payable), after sub-paragraph (1) insert—

“ (1A) Where the application is for permission in principle, £402 for each 0.1 hectare of the site area. ” ;

(iii) in the entry relating to category 3, in the second column (fee payable), after sub-paragraph (1) insert—

“ (1A) Where the application is for permission in principle, £402 for each 0.1 hectare of the site area. ” .

Amendments in relation to fees for pre-application advice given by a Mayoral development corporation or an urban development corporation

4. —(1) In regulation 2 of the 2012 Regulations—

(a) before the definition of “the 1990 Act” insert—

“ “the 1980 Act ” means the Local Government, Planning and Land Act 1980; ” ( 6 );

(b) after the definition of “landfill site” insert—

“ “Mayoral development corporation” means a corporation which is—

by an order made by the Secretary of State under section 198 of the Localism Act 2011; ( 7 ) ; and ” ( 7 ); and

(c) after the definition of “site visit” omit the word “and” and insert—

“ “urban development corporation” means a corporation which is—

(2) After regulation 2A of the 2012 Regulations insert—

“ Pre-application advice given by a Mayoral development corporation or an urban development corporation

2B. —(1) Subject to paragraph (2), where a Mayoral development corporation or an urban development corporation (“the corporation”), gives advice to a person at the request of that person about applying for any permission, approval or consent under Part 3 of the 1990 Act (“pre-application advice”), the corporation shall charge that person a fee.

(2) The corporation may only charge a fee for pre-application advice under paragraph (1) if—

(a) a fee schedule has been adopted by the corporation in accordance with paragraphs (3) and (4);

(b) the requirements of paragraph (5) have been met;

(c) the fee schedule has come into effect on or before the date on which the request for pre-application advice is made;

(d) the fee schedule meets the requirements in paragraph (6);

(e) the fee schedule provides for a fee to be charged for that advice; and

(f) the fee is calculated in accordance with the fee schedule.

(3) A fee schedule is adopted when the corporation resolves to adopt it.

(4) A corporation may only adopt a fee schedule if it has published a copy of the proposed fee schedule—

(a) in one or more newspapers, whose circulation or combined circulations cover the corporation’s area; and

(b) on its website,

at least 21 days before the fee schedule is adopted.

(5) Within 5 days of adopting the fee schedule, the corporation must publish a copy of it on its website and make hard copies of it available on request.

(6) The fee schedule referred to in paragraph (2) must—

(a) set out how a fee charged under paragraph (1) is to be calculated; and

(b) specify the date on which it comes into effect, which may not be earlier than 10 days after the day on which it is adopted.

(7) The corporation may amend a fee schedule at any time and, in relation to the charging of a fee under paragraph (1) for advice to which the amendment relates, paragraphs (2) to (6) apply but as if for “fee schedule” there were substituted “amended fee schedule”. ” .

Amendments in relation to fees for certain applications under the General Permitted Development Order

5. —(1) In regulation 2 of the 2012 Regulations in the definition of “the General Permitted Development Order” for “Order 1995” substitute “(England) Order 2015”( 8 ).

(2) Omit regulation 5 of the 2012 Regulations.

(3) In regulation 14 of the 2012 Regulations for sub-paragraphs (za) to (b) of paragraph (1) substitute—

“ (za) for an application under any Part of that Schedule relating to development which involves the making of any material change in the use of any buildings or other land, except for an application under Part 4 (temporary buildings and uses), £96;

(zb) for an application under Part 3 of that Schedule relating to development consisting of the making of a material change in the use of any buildings or other land and building operations in connection with that change of use, £206;

(a) for an application under Parts 4 (temporary buildings and uses), 6 (agricultural and forestry), 7 (non-domestic extensions, alterations etc ), 11 (heritage and demolition) or 14 (renewable energy) of that Schedule, £96; and

(b) for an application under Part 16 of that Schedule (communications), £462. ”

Amendments consequential on the Town and Country Planning (Development Management Procedure) Order 2015

6. —(1) The 2012 Regulations are amended as follows.

(2) In paragraph (1) of regulation 2 in the definition of “the Development Management Procedure Order” for “2010” substitute “2015”( 9 ).

(3) In regulation 9—

(a) for paragraph (2)(a)(ii) substitute—

“ (ii) in the case of an application which is made following an appeal under section 78(2) of the 1990 Act, the date when (by virtue of article 27 (applications made under a planning condition) or 34 (time periods for decisions) of the Development Management Procedure Order or article 5S of the Town and Country Planning (Permission in Principle) Order 2017, as the case may be) the period for the giving of notice of a decision on the earlier valid application expired; or ” ( 10 ); and

(b) for paragraph (3) substitute—

“ (3) In this regulation “valid application” has the same meaning as in article 34(4) of the Development Management Procedure Order or article 5S(3) of the Town and Country Planning (Permission in Principle) Order 2017, as the case may be. ”

(4) In regulation 9A in paragraph (3), for the definition of “valid application” substitute—

“ “valid application” is—

(5) In regulation 11 in paragraph (5)(a)(ii) for “article 35” substitute “article 39”.

(6) In paragraph (8) of regulation 11A for the words from “article 29(3)” to the end substitute “article 8(4) of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013.”

(7) In Part 1 of Schedule 1—

(a) in paragraph 7(1) for “article 18(1)(b) or (c)” substitute “article 20(1)(b) or (c)”; and

(b) in paragraph 8(1)(b) for “article 10(1)” substitute “article 11(1)”.

Transitional provision

7. The amendments made by regulations 2 and 5 of these Regulations do not apply to—

(a) applications—

(i) made, or

(ii) deemed to have been made by virtue of section 177(5) of the 1990 Act (grant or modification of planning permission on appeals against enforcement notices) in connection with an enforcement notice issued,

before the date on which these regulations come into force “the coming into force date”;

(b) requests made before the coming into force date; and

(c) site visits which take place before the coming into force date.