Explanatory note

These Regulations amend the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (the 1989 Regulations). The 1989 Regulations make provision for the payment of fees to local planning authorities in respect of applications made under the Town and Country Planning Act 1990 for planning permission for development or for approval of matters reserved by an outline planning permission, in respect of fees for applications for certificates of lawful use or development, in respect of applications for consent for the display of advertisements and in respect of certain applications made under the Town and Country Planning (General Permitted Development) Order 1995; and for the payment of fees to the Secretary of State in respect of applications for planning permission which are deemed to have been made in connection with an appeal against an enforcement notice.

These Regulations amend the 1989 Regulations to increase all fees payable under those Regulations and to alter the basis of the calculation of the fee payable in some cases.

The alterations to the basis of the calculation of the fee are in regulation 10A(6) (fees for applications for certificates of lawful use of development where use is one or more separate dwellinghouses), paragraph 15(2) of Part I of Schedule 1 (application or deemed application for outline planning permission which relates to development which is within more than one of the categories specified in Part II of Schedule 1), and in the categories of development numbered 1-3, 5 and 8-11 in Part II of Schedule 1.

The Regulations increase the level of maximum fee payable by virtue of regulation 10A(6), paragraph 15(2) of Part I of Schedule 1 and the categories of development 1-3, 5 and 8-11 in Part II of that Schedule in the range of 203% to 354%; and in all other cases in the range of 20 to 25%.

Replacement scales of fees (Part II of Schedule 1, and Schedule 2, to the 1989 Regulations) are set out in the Schedules to these Regulations.

These Regulations revoke regulation 2 of the Town and Country Planning (Fees for Applications and Deemed Applications)(Amendment)(England) Regulations 2002 (S.I. 2002/768), which made changes to the level of fees in the 1989 Regulations.

A Regulatory Impact Assessment has been prepared in relation to these Regulations. It has been placed in the library of each House of Parliament and copies may be obtained from PDCD Division at Zone 4/J2, Office of the Deputy Prime Minister, Eland House, Bressenden Place, SW1E 5DU, tel: 020 7944 4817.