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 2020.

(2) These Regulations come into force on the twenty eighth day after the day on which they are made.

(3) 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 fees for certain applications under the General Permitted Development Order

2. —(1) Regulation 14 of the 2012 Regulations is amended as follows.

(2) In paragraph (1)—

(a) omit “and” at the end of sub-paragraph (a); and

(b) at the end of sub-paragraph (b) insert—

“ ; and

(c) for an application under Part 20 (construction of new dwellinghouses) of that Schedule—

(i) where the number of new dwellinghouses proposed by the development as specified in the written statement accompanying the application is 50 or fewer, £334 for each new dwellinghouse;

(ii) where the number of new dwellinghouses proposed by the development as specified in the written statement accompanying the application exceeds 50, £16,525, and an additional £100 for each new dwellinghouse in excess of 50, subject to a maximum in total of £300,000. ” .

(3) After paragraph (1B), insert—

“ (1C) Where all the conditions set out in paragraph (1D) are satisfied, this regulation shall not apply to impose a fee in relation to an application of a type described in paragraph (1)(c) (“the approval application”) which is made following the determination or withdrawal of an earlier valid application of a type described in paragraph (1)(c) by or on behalf of the same applicant (“the earlier approval application”).

(1D) The conditions referred to in paragraph (1C) are—

(a) that the approval application is made within 12 months of—

(i) in the case of an earlier approval application which was withdrawn, the date when that application was received by the local planning authority; or

(ii) in any other case, the date when the earlier approval application was determined;

(b) that the approval application relates to the same site to which the earlier approval application related, or to part of that site ;

(c) that the local planning authority to whom the approval application is made are satisfied that it relates to development of the same character or description as the development to which the earlier approval application related;

(d) that the fee payable in respect of the earlier approval application was paid; and

(e) that no previous application has at any time been made by or on behalf of the same applicant which—

(i) related to the same site to which the earlier approval application related or to part of that site;

(ii) related to development of the same character or description as the development to which the earlier approval application related; and

(iii) was exempted from the provisions of this regulation by paragraph (1C).

(1E) In this regulation “valid application” means an application which—

(a) complies with paragraphs (a) to (h) of paragraph B(2) of Part 20 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015; and

(b) is made on or after the date on which the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2020 come into force. ” .

Transitional provision

3. —(1) The 2012 Regulations shall continue to apply in relation to applications of the kind mentioned in paragraph (2), as if regulation 2 had not been made.

(2) This paragraph applies to an application which—

(a) falls within the description in regulation 14(1)(c) of the 2012 Regulations; and

(b) is made before the date on which these Regulations come into force.