The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1997

• Citation: S.I. 1997/37
• Sections: 43

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1997 and shall come into force—

(a) for all purposes, except those of regulation 3 and Schedules 3 and 4, on the twenty-eighth day after that on which they are made;

(b) for the purposes of regulation 3 and Schedules 3 and 4, on 1st October 1997.

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

Section 2 General increase in fees

(1) In regulation 10A of the 1989 Regulations —

(a) in paragraph (5)(b), for “£80” substitute “£90”; and

(b) in paragraph (6), for “£160” substitute “£180”, and for “£8,000” substitute “£9,000”.

(2) In regulation 11A of the 1989 Regulations for “£30” substitute “£33”.

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

(a) in paragraphs 4(1) and 6(2), for “£160” substitute “£180”;

(b) in paragraphs 7, 7A(b) and 7B , for “£80” substitute “£90”; and

(c) in paragraph 15(2), for “£160” substitute “£180”, and for “£4,000” substitute “£4,500”.

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

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

Section 3 Further increase from 1st October 1997

(1) In regulation 10A of the 1989 Regulations—

(a) in paragraph (5)(b), for “£90” substitute “£95”; and

(b) in paragraph (6), for “£180” substitute “£190” and for “£9,000” substitute “£9,500”.

(2) In regulation 11A of the 1989 Regulations, for “£33” substitute “£35”.

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

(a) in paragraphs 4(1) and 6(2), for “£180” substitute “£190”;

(b) in paragraphs 7, 7A(b) and 7B, for “£90” substitute “£95”; and

(c) in paragraph 15(2), for “£180” substitute “£190” and for “£4,500” substitute “£4,750”.

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

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

Section 4 Amendment to definition of “disabled person”

For regulation 4(3) of the 1989 Regulations there shall be substituted:

(3) In this regulation, “disabled person” means—

(a) a person who is within any of the descriptions of persons to whom section 29 of the National Assistance Act 1948 applies; or

(b) a child who is disabled for the purposes of Part III of the Children Act 1989.

Section 5 Other amendments

The 1989 Regulations shall have effect subject to the amendments set out in Schedule 5 to these Regulations.

Section 6 Revocation

Regulations 3, 4, 5, 6 and 7 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1993 are hereby revoked.

Section 1

The erection of dwellinghouses (other than development within category 6 below).

Section 2

The erection of buildings (other than buildings coming within categories 1, 3, 4, 5 or 7).

Section 3

The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings coming within category 4).

Section 4

The erection of glasshouses on land used for the purposes of agriculture.

Section 5

The erection, alteration or replacement of plant or machinery.

Section 6

The enlargement, improvement or other alteration of existing dwellinghouses.

Section 7

(a) The carrying out of operations (including the erection of a building) within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or

(b) the construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.

Section 8

The carrying out of any operations connected with exploratory drilling for oil or natural gas.

Section 9

The carrying out of any operations not coming within any of the above categories.

Section 10

The change of use of a building to use as one or more separate dwellinghouses.

Section 11

(a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land; or

(b) the use of land for the storage of minerals in the open.

Section 12

The making of a material change in the use of a building or land (other than a material change of use coming within any of the above categories).

Section 1

Advertisements displayed on business premises, on the forecourt of business premises or on other land within the curtilage of business premises, wholly with reference to all or any of the following matters—

(a) the nature of the business or other activity carried on on the premises;

(b) the goods sold or the services provided on the premises; or

(c) the name and qualifications of the person carrying on such business or activity or supplying such goods or services.

Section 2

Advertisements for the purposes of directing members of the public to, or otherwise drawing attention to the existence of, business premises which are in the same locality as the site on which the advertisement is to be displayed but which are not visible from that site.

Section 3

All other advertisements.

Section 1

The erection of dwellinghouses (other than development within category 6 below).

Section 2

The erection of buildings (other than buildings coming within categories 1, 3, 4, 5 or 7).

Section 3

The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings coming within category 4).

Section 4

The erection of glasshouses on land used for the purposes of agriculture.

Section 5

The erection, alteration or replacement of plant or machinery.

Section 6

The enlargement, improvement or other alteration of existing dwellinghouses.

Section 7

(a) The carrying out of operations (including the erection of a building) within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or

(b) the construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.

Section 8

The carrying out of any operations connected with exploratory drilling for oil or natural gas.

Section 9

The carrying out of any operations not coming within any of the above categories.

Section 10

The change of use of a building to use as one or more separate dwellinghouses.

Section 11

(a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land; or

(b) the use of land for the storage of minerals in the open.

Section 12

The making of a material change in the use of a building or land (other than a material change of use coming within any of the above categories).

Section 1

Advertisements displayed on business premises, on the forecourt of business premises or on other land within the curtilage of business premises, wholly with reference to all or any of the following matters—

(a) the nature of the business or other activity carried on on the premises;

(b) the goods sold or the services provided on the premises; or

(c) the name and qualifications of the person carrying on such business or activity or supplying such goods or services.

Section 2

Advertisements for the purposes of directing members of the public to, or otherwise drawing attention to the existence of, business premises which are in the same locality as the site on which the advertisement is to be displayed but which are not visible from that site.

Section 3

All other advertisements.

Section 1

In regulation 1(2)(bb), for “General Development Order” substitute “The Town and Country Planning (General Permitted Development) Order 1995” .

Section 2

In regulation 1, after paragraph (2), add—

(3) Any fee payable under these Regulations shall be calculated in accordance with these Regulations as they have effect—

(a) in the case of applications referred to in paragraph (2)(a) to (c) above, on the date on which the application is made;

(b) in the case of applications referred to in paragraph (2)(d) above, on the date of issue of the enforcement notice;

(c) in the case of applications referred to in paragraph (2)(e) above, on the date on which the application for an established use certificate is made.

Section 3

In regulation 2, for the definition of “the General Development Order” substitute—

“the General Development Procedure Order ” means the Town and Country Planning (General Development Procedure) Order 1995 ;

“the General Permitted Development Order ” means the Town and Country Planning (General Permitted Development) Order 1995; and;

in the definition of “outline planning permission” and “reserved matters”, for “General Development Order”, substitute “General Development Procedure Order”.

Section 4

In regulation 5, in paragraph (1)(a) and (2) for “General Development Order” substitute“General Permitted Development Order”.

Section 5

In regulation 8, in paragraph (2)(a)(ii), for “General Development Order” substitute“General Development Procedure Order”.

Section 6

In regulation 10A, in paragraph (4)(a)(ii), for “General Development Order” substitute“General Development Procedure Order”.

Section 7

In regulation 11A, for the heading, substitute “Fees for certain applications under the General Permitted Development Order” and for “General Development Order” substitute“General Permitted Development Order”.