The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2020

• Citation: S.I. 2020/745 (W.)
• Sections: 4

Section 1 Title, commencement and interpretation

(1) The title of these Regulations is the Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2020.

(2) These Regulations come into force on 24 August 2020.

(3) In these Regulations “the 2015 Regulations” (“Rheoliadau 2015”) means the Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015 .

Section 2 Increase in fees

(1) The 2015 Regulations are amended as follows.

(2) In regulation 11 (fees for applications for certificates of lawful use or development)—

(a) in paragraph 3(b) for “£190” substitute “£230”;

(b) in paragraph 6(a) for “£380” substitute “£460”; and

(c) in paragraph 6(b) for “£19,000” substitute “£23,000”, for “£100” substitute “£120” and for “£287,500” substitute “£300,000”.

(3) In paragraph 1 of regulation 13 (fees for certain applications under the General Permitted Development Order)—

(a) in sub-paragraph (a) for “£80” substitute “£100”; and

(b) in sub-paragraph (b) for “£380” substitute “£460”.

(4) In regulation 14 (fees in respect of the monitoring of mining and landfill sites)—

(a) in paragraph 4 for “£330” substitute “£400”; and

(b) in paragraph 5 for “£110” substitute “£135”.

(5) In paragraph 1 of regulation 15 (fees for applications made under planning condition)—

(a) in sub-paragraph (a) for “£30” substitute “£35”; and

(b) in paragraph (b) for “£95” substitute “£115”.

(6) In paragraph 1 of regulation 16 (fees for applications for non-material changes to planning permission—

(a) in sub-paragraph (a) for “£30” substitute “£35”; and

(b) in sub-paragraph (b) for “£95” substitute “£115”.

(7) In paragraph 3 of regulation 16A (fees for post submission amendments to major development applications) for “£190” substitute “£230”.

(8) In Part 1 of Schedule 1 (fees in respect of applications and deemed applications for planning permission or for approval of reserved matters)—

(a) in paragraphs 3(1), 4(2) and 4(3) for “£385” substitute “£460”;

(b) in paragraph 5 for “£190” substitute “£230”;

(c) in paragraph 5A(3) —

(i) in paragraph (a) for “£160” substitute “£190”; and

(ii) in paragraph (b) for “£95” substitute “£115”;

(d) in paragraphs 6(b) and 7 for “£190” substitute “£230”; and

(e) in paragraph 13(2)—

(i) in paragraph (a) for “£380” substitute “£460”; and

(ii) in paragraph (b) for “£9,500” substitute “£11,500”, for “£100” substitute “£120” and for “£143,750” substitute “£150,000”.

(9) In Part 2 of Schedule 1 (scale of fees in respect of applications made or deemed to be made), in the “Fee payable” column of the table for any fee of an amount specified in Column 1 of the table below, substitute the increased amount specified in Column 2.

(10) In Schedule 2 (fees for advertisements scale of fees in respect of applications for consent to display advertisements) in the Table—

(a) in paragraphs 1 and 2, in the second column for “£100” substitute “£120”; and

(b) in paragraph 3, in the second column for “£380” substitute “£460”.

Section 3 Fees for applications for certificates of appropriate alternative development

(1) The 2015 Regulations are further amended as follows.

(2) After regulation 16A insert—

Fees for applications for certificates of appropriate alternative development

(16B)

(1) Where an application is made to a local planning authority under section 17 of the Land Compensation Act 1961 (certificates of appropriate alternative development) a fee must be paid to that authority.

(2) The fee payable in respect of an application to which this regulation applies is £230.

(3) Where an application is made by or on behalf of a community council, the fee payable is one half of the amount that would otherwise be payable.

(4) The fee due in respect of an application to which this regulation applies must accompany the application when it is lodged with the local planning authority.

(5) Where the local planning authority who receive the fee in accordance with paragraphs (1) to (4) are not the local planning authority who have to determine the application, they must remit the fee to that authority at the same time as they forward the application to them.

(6) Any fee paid pursuant to this regulation must be refunded if the application is rejected as invalid.

Section 4 Transitional Provision

(1) In this regulation “site visit” has the meaning given in regulation 2(1) of the 2015 Regulations.

(2) Regulation 2 does not apply to—

(a) applications made before the date on which these Regulations come into force;

(b) applications deemed to have been made by virtue of section 177(5) of the Town and Country Planning Act 1990 (grant or modification of planning permission on appeals against enforcement notices) in connection with an enforcement notice issued under section 172 of that Act before the date on which these Regulations come into force;

(c) site visits which are made before the date on which these Regulations come into force;

(d) amendments submitted before the date on which these Regulations come into force.