Statutory Instrument 1992 No. 3052

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (No. 2) Regulations 1992

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1992 No. 3052

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (No. 2) Regulations 1992

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) (No. 2) Regulations 1992.

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

Application and interpretation
    2.—(1)  In these Regulations "the 1989 Regulations" means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989^[2].

    (2)  These Regulations apply—
 (a) to applications referred to in regulations 1(2)(a), (b), (bb) or (c), or 10A, of the 1989 Regulations^[3] made on or after the date on which these Regulations come into force;
 (b) to applications referred to in regulation 1(2)(d) of the 1989 Regulations deemed to have been made in connection with an enforcement notice issued on or after the date on which these Regulations come into force.

General increase in fees
    3.—(1)  In regulation 10A of the 1989 Regulations—
 (a) in paragraph (5)(b), for "£55" substitute "£60"; and
 (b) in paragraph (6), for "£110" substitute "£120", for "£55" substitute "£60", and for "£5,520" substitute "£6,000".

    (2)  In Part I of Schedule 1 to the 1989 Regulations—
 (a) in paragraphs 4(1) and 6(2), for "£110" substitute "£120";
 (b) in paragraphs 7 and 7A(b)^[4], for "£55" substitute "£60"; and
 (c) in paragraph 15(2), for "£110" substitute "£120", and for "£2,760" substitute "£3,000".

    (3)  For Part II of Schedule 1 to the 1989 Regulations (scale of fees) substitute the new Part II set out in Schedule 1 hereto.

    (4)  For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications) substitute the new Schedule 2 set out in Schedule 2 hereto.

Fees for certain applications under the General Development Order
    4.    For regulation 11A of the 1989 Regulations^[5] substitute—
    "11A.—(1)  Where an application is made to a local planning authority for their determination as to whether the prior approval of the authority will be required in relation to development under Part 6, Part 7, Part 24 or Part 31 of Schedule 2 to the General Development Order, a fee shall be paid to that authority of £22.

    (2)  Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made." .

Amendment to Schedule 1 to the 1989 Regulations
    5.    In Schedule 1 to the 1989 Regulations after paragraph 7A in Part I insert—
    "7B.    Where an application is made for the renewal of planning permission and—
(a) a planning permission has previously been granted for development which has not yet begun, and

(b) a limit as to the time by which the development must be begun was imposed under section 91 (limit of duration of planning permission) or section 92 (outline planning permission) of the Town and Country Planning Act 1990 which has not yet expired,

the fee payable in respect of the application shall be £60.

Revocation
    6.—(1)  Subject to paragraph (2), regulation 3 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1991^[6] is hereby revoked.

    (2)  The regulation referred to in paragraph (1) shall continue to have effect in relation to the applications referred to in regulation 1(2)(d) or (e) of the 1989 Regulations deemed to have been made in connection with an enforcement notice issued, or, as the case may be, an application for an established use certificate made, before the date on which these Regulations come into force.

    (3)  Regulation 5 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1992^[7] is hereby revoked.

Michael Howard

Secretary of State for the Environment

2nd December 1992

David Hunt

Secretary of State for Wales

7th December 1992

[1] 1990 c. 8; section 303 was amended by section 6(6) of the Planning and Compensation Act 1991 (c. 34). back

[2] S.I. 1989/193, amended by S.I. 1990/2473, S.I. 1991/2735 and S.I. 1992/1817. back

[3] Regulation 1(2)(bb) was inserted by regulation 4 of S.I. 1991/2735, and regulation 10A was inserted by regulation 4 of S.I. 1992/1817. back

[4] Paragraph 7A was inserted by regulation 6(b) of S.I. 1992/1817. back

[5] Regulation 11A was substituted by regulation 5 of S.I. 1992/1817. back

[6] S.I. 1991/2735. back

[7] S.I. 1992/1817. back

Explanatory Note