The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2009

• Citation: S.I. 2009/851 (W.)
• Sections: 18

Section 1 Title, commencement, interpretation and application.

(1) The title of these Regulations is the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2009 and they come into force on 6 April 2009.

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

(3) These Regulations apply in relation to Wales.

Section 2 General increase in fees

(1) The 1989 Regulations, insofar as they apply to Wales, are amended in accordance with the provisions of this regulation.

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

(a) in paragraph (5)(b), for “£144 until 31 March 2007, increasing thereafter to £159” substitute “£166”; and

(b) for paragraph (6), substitute—

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

where the use so specified is use as 50 or fewer dwellinghouses, £330 for each dwellinghouse;

where the use so specified is use as more than 50 dwellinghouses, £16,464; and an additional £84 for each dwellinghouse in excess of 50, subject to a maximum in total of £250,000.

(3) In regulation 11A(1) of the 1989 Regulations—

(a) in sub-paragraph (a), for “£54 until 31 March 2007, increasing thereafter to £59” substitute “£61”; and

(b) in sub-paragraph (b), for “£288 until 31 March 2007, increasing thereafter to £316” substitute “£330”.

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

(a) in paragraphs 4(1) and 6(2), for “£288 until 31 March 2007, increasing thereafter to £316” substitute “£330”; and

(b) in paragraphs 7, 7A and 7B, for “£144 until 31 March 2007, increasing thereafter to £159” substitute “£166”; and

(c) for paragraph 15(2), substitute—

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 will be—

where the site area does not exceed 2.5 hectares, £330 for each 0.1 hectare of the site area;

where the site area exceeds 2.5 hectares, £8,232, and an additional £84 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £125,000.

(5) 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.

(6) 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 Revocation

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2006 are revoked.

Section 1

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

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

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 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.