OpenLegislation

Paragraph 5 FeesI1

England, Wales and Scotland

(1)

Where an application is made to the relevant planning authority for the discharge of a requirement in Schedule 2 (requirements), a fee is to apply and must be paid to the relevant planning authority in accordance with sub-paragraph (2).

(2)

The fee payable for each application under sub-paragraph (1) is as follows—

(a)

a fee of £2,535 for the first application for the discharge by the relevant planning authority of each of the requirements in paragraphs 4 (detailed approval), 5(1) (phasing), 6 (construction environmental management plan), 7 (construction traffic management plan), 8 (highway works), 10 (landscape and ecology management plan), 12 (surface water drainage), 15 (contaminated land), 16 (external lighting), 17 (control of noise during operational use), 18 (decommissioning environmental management plan), 19 (operational travel plan), and 20 (operational phase flood emergency response plans);

(b)

a fee of £578 for each subsequent application for the discharge by the relevant planning authority of each of the requirements listed in paragraph (a) (whether that subsequent application is in respect of the same part of the authorised project or a different part of it); and

(c)

a fee of £145 for any application for the agreement of the relevant planning authority pursuant to any “unless otherwise agreed” provision of any requirement in Schedule 2 (requirements).

(3)

Any fee paid under this Schedule must be refunded by the relevant planning authority to the undertaker who paid it within four weeks of—

(a)

the application being rejected as invalidly made; or

(b)

the relevant planning authority failing to determine the application within the relevant period in paragraph 2(1) of this Schedule unless within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application.

Annotations

Commencement

I1

Sch. 17 para. 5 in force at 27.2.2025, see art. 1