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The Infrastructure Planning (Fees) (Amendment) Regulations 2013

S.I. 2013/498 · Made 6 March 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Infrastructure Planning

Made 6th March 2013

Laid before Parliament 12th March 2013

Coming into force 6th April 2013

The Secretary of State, in exercise of the powers conferred by sections 4 and 232(3) of the Planning Act 2008f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2008 c.29.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Infrastructure Planning (Fees) Regulations 2010
  3. Signature
  4. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Infrastructure Planning (Fees) (Amendment) Regulations 2013 and come into force on 6th April 2013.

2Amendment of the Infrastructure Planning (Fees) Regulations 2010

(1)

The Infrastructure Planning (Fees) Regulations 2010f1 are amended as follows.

(2)

For regulation 9(3) (meaning of relevant day), substitute—

“(3)

In this regulation “relevant day” means a day in the period beginning with the start day referred to in section 98(2) (timetable for examining, and reporting on, application) and ending with the completion of the examination, excluding—

(a)

a Saturday or a Sunday, Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales, unless any such day was required for the handling of the application;

(b)

any day in respect of which in relation to the application there was a suspension under section 108 (suspension during review of national policy statement) or regulation 16 or 17 (accepted applications) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f2; or

(c)

any day which, in relation to the application, the Secretary of State notifies the applicant under regulation 9(1) was not a relevant day due to sickness or such other circumstances as he may notify to the applicant.”

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Nick Boles

Parliamentary Under Secretary of State

Department for Communities and Local Government

6th March 2013

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Infrastructure Planning (Fees) Regulations 2010 (“the 2010 Regulations”) and are intended to provide clarity about the days that can be counted in calculating the final payment for the handling of an application for development consent. Regulation 2(2) provides that any day during the examination period is a relevant day, subject to the stated exceptions. The amendment is not intended or expected to require any change to the current practice, in relation to application fees, of the Planning Inspectorate. That practice is consistent with that of the (now abolished) Infrastructure Planning Commission which also operated under the 2010 Regulations, and with the Secretary of State’s guidance on the 2010 Regulations.

No Impact Assessment has been prepared for this instrument as no impact on the private or voluntary sectors is expected.