The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1991

• Citation: S.I. 1991/2735
• Sections: 9

Section 1 Citation and commencement

(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1991.

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

Section 2 Application and interpretation

(1) In these Regulations “the 1989 Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 .

(2) These Regulations apply—

(a) to applications referred to in regulation 1(2)(a), (b), (bb) or (c) of the 1989 Regulations made on or after the date on which these Regulations come into force;

(b) to 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, on or after the date on which these Regulations come into force.

Section 3 General increase in fees

(1) In Part I of Schedule 1 to the 1989 Regulations—

(a) in paragraphs 4(1) and 6(2), for “£92” substitute “£110”;

(b) in paragraph 7, for “£46” substitute “£55”;

(c) in paragraph 11, for “£92” substitute “£110”; and

(d) in paragraph 15(2), for “£92” substitute “£110”, and for “£2,300” substitute “£2,760”.

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

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

Section 4 Miscellaneous amendments

The 1989 Regulations shall have effect subject to the amendments set out in Schedule 3 hereto.

Section 5 Revocation

(1) Subject to paragraph (2), regulations 2 and 3 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1990 are hereby revoked.

(2) The Regulations referred to in paragraph (1) shall continue to have effect in relation to 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.

Section 1

In regulation 1, after paragraph (2)(b) insert—

(bb) to applications under the General Development Order referred to in regulation 11A

Section 2

In regulation 10—

(a) in paragraph (2), for “paragraph (14)” substitute “paragraphs (3) and (14)”;

(b) for paragraph (3) substitute—

(3) In the case of a deemed application to which paragraph (1)(a) applies—

(a) a fee shall be paid in respect of the application by every person who has made a valid appeal against the enforcement notice and whose appeal has not been withdrawn before the date on which the Secretary of State issues a notice under paragraph (4);

(b) the fee payable shall be twice the fee calculated in accordance with Schedule 1;

(c) half the fee shall be paid to the Secretary of State and the other half shall be paid to the local planning authority which issued the relevant enforcement notice.

(c) in paragraphs (8), (9)(a), (11) and (12) omit “by the Secretary of State”.

Section 3

After regulation 11 insert—

Fees for certain applications under the General Development Order

(11A) 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 to the siting, design and external appearance of a building or the siting and means of construction of a private way under Part 6 or Part 7 of Schedule 2 to the General Development Order, a fee shall be paid to that authority of £20.

Section 4

Paragraph 5 of Part I of Schedule 1 shall be omitted.