The Infrastructure Planning (Fees) (Amendment) Regulations 2024

• Citation: S.I. 2024/333
• Sections: 8

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Infrastructure Planning (Fees) (Amendment) Regulations 2024 and come into force on 1st April 2024.

(2) These Regulations extend to England, Wales and (subject to paragraph (3)) to Scotland.

(3) These Regulations extend to Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline—

(a) one end of which is in England or Wales, and

(b) the other end of which is in Scotland.

(4) In these Regulations—

“ the Act ” means the Planning Act 2008;

“ the 2010 Regulations ” means the Infrastructure Planning (Fees) Regulations 2010 .

Section 2 Amendment to the 2010 Regulations

The 2010 Regulations are amended in accordance with regulations 3 to 8.

Section 3 Insertion of Part 1: introduction

(1) Regulations 1 and 2 become Part 1.

(2) Before regulation 1 (citation and commencement) insert—

Introduction

Section 4 Amendment of regulation 2: interpretation

In regulation 2(1) for the definitions of “applicant” and “application”, substitute—

“ applicant ” means—

for the purposes of Part 2, an applicant for an order granting development consent or a person who proposes to apply for such an order;

for the purposes of Part 3, an applicant or a person who proposes to apply for—

an order granting development consent, or

an order to change or revoke such an order granting development consent.

“ application ” means—

for the purposes of Part 2, an application for an order granting development consent;

for the purposes of Part 3, an application or proposed application for—

an order granting development consent, or

an order to change or revoke such an order granting development consent.

Section 5 Insertion of Part 2: charging of fees by the Secretary of State

(1) Regulation 2A (as inserted by these Regulations) to regulation 12 become Part 2.

(2) After regulation 2 (interpretation) insert—

Charging of fees by the Secretary of State

Fee in respect of pre-application services

(2A)

(1) Where the applicant notifies the Secretary of State of a proposed application and requests pre-application services in relation to that proposed application, the Secretary of State may charge the applicant a fee in relation to the provision of those services.

(2) The fee payable is £2300 multiplied by the number of relevant days.

(3) The Secretary of State must notify the applicant in writing of the number of relevant days and the fee.

(4) The applicant must pay the fee to the Secretary of State within the period of 28 days beginning with the date of the notice referred to in paragraph (3).

(5) If the applicant fails to pay the fee within the period specified in paragraph (4) the Secretary of State need take no further steps in relation to the proposed application until payment has been received by the Secretary of State.

(6) The Secretary of State may waive the fee (in whole or in part) in relation to the proposed application.

(7) The fee referred to in paragraph (1) must not exceed the costs reasonably incurred by the Secretary of State in providing the pre-application services.

(8) For the purposes of this regulation—

“ pre-application services ” means services provided to the applicant by the Secretary of State in connection with the Secretary of State’s major infrastructure functions in relation to a proposed application and include the services listed in Schedule 1;

“ relevant day ” means a day on which the Secretary of State provides pre-application services.

(3) Before the Explanatory Note, insert—

Pre-application services

Section 6 Amendment to Regulation 12 of the 2010 Regulations

In regulation 12(5) in the definition of “relevant fee” insert “2A, ” after “regulations” .

Section 7 Insertion of Part 3: charging of fees by public authorities

(1) Regulation 12A (as inserted by these Regulations) becomes Part 3.

(2) After regulation 12 (fees payable on or after 1st April 2018) insert—

Charging of fees by public authorities

Fees in relation to the provision of relevant services

(12A)

(1) The public authorities listed in Schedule 2 are prescribed for the purposes of section 54A(1) (power to provide for fees for certain services in relation to nationally significant infrastructure projects).

(2) Subject to paragraph (4), each public authority listed in Schedule 2 may charge fees to the applicant in relation to the provision of those relevant services.

(3) Fees may take account of the expenses of anything which is reasonably incidental to the provision of the relevant services by the public authority.

(4) The public authority may charge fees under paragraph (2) only in accordance with a statement published on its website which—

(a) describes the relevant services in respect of which fees are charged,

(b) sets out the fees (or, if applicable, the method by which the fees are to be calculated), and

(c) refers to any provision in an enactment pursuant to which the relevant services are provided.

(5) The public authority may notify the applicant in writing of the estimated fees before providing the relevant services.

(6) The public authority must notify the applicant in writing of the fees.

(7) The applicant must pay the fees to the public authority within such period as may be specified in the notice in paragraph (6), provided such period is not less than 21 days beginning with the date of that notice.

(8) If the applicant fails to pay the fees within the period specified in paragraph (7), the public authority may—

(a) recover from the applicant as a civil debt the unpaid amount of the fees; and

(b) if applicable, notwithstanding any requirement to provide the relevant services, withhold the relevant services until the fees are paid.

(9) The fees referred to in paragraph (2) must not exceed the costs reasonably incurred by the public authority in providing the relevant services.

(10) This regulation is without prejudice to any power to charge fees under section 43(1) of the Environment Act 1995 , section 27 of the Marine and Coastal Access Act 2009 and section 33(6) of the National Heritage Act 1983 .

(11) For the purposes of this Part “ the estimated fees ” means the amount of fees estimated by the public authority as payable by the applicant for relevant services in respect of the application.

(3) After Schedule 1 (as inserted by these Regulations), insert—

Prescribed Public Authorities

The Environment Agency

Natural England

Historic Buildings and Monuments Commission for England

National Highways

The Coal Authority

The Health and Safety Executive

Marine Management Organisation

Natural Resources Wales

Section 8 Insertion of Part 4: review

Before Regulation 13 (review), insert—

Review