Statutory Instrument 1990 No. 2473

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1990 Approved by both Houses of Parliament

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1990 No. 2473

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1990 Approved by both Houses of Parliament

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 303 of the Town and Country Planning Act 1990^[1] and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has been laid before and approved by each House of Parliament:

Citation and commencement
    1.—(1)  These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1990.

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

    (3)  These Regulations apply-
 (a) where such an application as is referred to in regulation 1(2)(a), (b) or (c) of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989^[2] ("the 1989 Regulations") is made on or after the date on which these Regulations come into force; and
 (b) where such an application as is referred to in regulation 1(2)(d) or (e) of the 1989 Regulations is deemed to have been made in connection with an enforcement notice issued, or an application for an established use certificate made, on or after the date on which these Regulations come into force.

General increase in fees
    2.—(1)  The 1989 Regulations shall have effect with the amendments set out in this regulation.

    (2)  In Part I of Schedule 1-
 (a) in paragraphs 4(1) and 6(2), for "£76" there shall be substituted "£92";
 (b) in paragraph 7, for "£38" there shall be substituted "£46";
 (c) in paragraph 11, for "£76" there shall be substituted "£92"; and
 (d) in paragraph 15(2), for "£76" there shall be substituted "£92", and for "£1,900" there shall be substituted "£2,300".

Substitution of new fees Schedules
    3.—(1)  For Part II of Schedule 1 there shall be substituted the new Part II set out in Schedule 1 hereto.

    (2)  For Schedule 2 there shall be substituted the new Schedule 2 set out in Schedule 2 hereto.

Miscellaneous amendments
    4.—(1)  The 1989 Regulations shall also have effect subject to the amendments set out in this regulation.

    (2)  In regulation 3-
 (a) in paragraph (1), after "regulations 4 to 9" there shall be inserted "and paragraph 8(2) of Part I of Schedule 1"; and
 (b) for paragraph (3) there shall be substituted-
"  (3)  Where a fee is due in respect of an application, the fee shall be paid to the local planning authority with whom the application is lodged and shall accompany the application." .


    (3)  In paragraph 4 of Part I of Schedule 1, for sub-paragraph (2)(a) there shall be substituted-
"(a) that the application or deemed application relates to-
(i) the making of a material change in the use of land to use as a playing field; or

(ii) the carrying out of operations (other than the erection of a building containing floor space) for purposes ancillary to the use of land as a playing field,

and to no other development; and


    (4)  In paragraph 8(2) of Part I of Schedule 1, for "shall not exceed" there shall be substituted "shall be"; and there shall be inserted at the end of sub-paragraph (2)(b) the words-
"or the sum of the amounts which would have been payable but for this paragraph, whichever is the lesser." .

Michael Heseltine

Secretary of State for the Environment

3rd December 1990

David Hunt

Secretary of State for Wales

5th December 1990

[1] 1990 c. 8. back

[2] S.I. 1989/193. back

Explanatory Note