The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005

• Citation: S.I. 2005/843
• Sections: 18

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2005 and shall come into force on 1st April 2005.

(2) These Regulations apply in relation to England only.

Section 2 General increase in fees

(1) The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 are amended as follows.

(2) In regulation 10A (fees for applications for certificates of lawful use or development) —

(a) in paragraph (5)(b), for “£110” substitute “£135”; and

(b) for paragraph (6) substitute–

(6) Where a use specified in an application under section 191(1)(a) is use as one or more separate dwellinghouses, the fee payable in respect of that use shall be—

(a) where the use so specified is use as 50 or fewer dwellinghouses, £265 for each dwellinghouse;

(b) where the use so specified is use as more than 50 dwellinghouses, £13,250, and an additional £80 for each dwellinghouse in excess of 50, subject to a maximum in total of £50,000.

(3) In regulation 11A (fees for certain applications under the General Permitted Development Order) —

(a) in paragraph (1)(a), for “£40” substitute “£50”; and

(b) in paragraph (1)(b), for “£220” substitute “£265”.

(4) In Part I of Schedule 1 (general provisions)—

(a) in paragraphs 4(1) and 6(2), for “£220” substitute “£265”; and

(b) in paragraphs 7, 7A and 7B , for “£110” substitute “£135”.

(c) for paragraph 15(2) substitute—

(2) Where an application is for outline planning permission and relates to development which is within more than one of the categories specified in that table, the fee payable in respect of the application shall be—

(a) where the site area does not exceed 2.5 hectares, £265 for each 0.1 hectare of the site area;

(b) where the site area exceeds 2.5 hectares £6,625, and an additional £80 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £25,000.

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

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

Section 3 Revocation

Regulation 2 of the Town and Country Planning (Fees for Applications and Deemed Applications)(Amendment)(England) Regulations 2002 is hereby revoked.

Section 1 I. Operations

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

Section 2

The erection of buildings (other than buildings in 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 in 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 carparks, 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 II. Uses of land

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) for 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 purpose 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.