Regulation 5 Insertion of Part 2: charging of fees by the Secretary of State

(1)

Regulation 2A (as inserted by these Regulations) to regulation 12 become Part 2.

(2)

After regulation 2 (interpretation) insert—

“PART 2

Charging of fees by the Secretary of State

Fee in respect of pre-application services

2A.

(1)

Where the applicant notifies the Secretary of State of a proposed application and requests pre-application services in relation to that proposed application, the Secretary of State may charge the applicant a fee in relation to the provision of those services.

(2)

The fee payable is £2300 multiplied by the number of relevant days.

(3)

The Secretary of State must notify the applicant in writing of the number of relevant days and the fee.

(4)

The applicant must pay the fee to the Secretary of State within the period of 28 days beginning with the date of the notice referred to in paragraph (3).

(5)

If the applicant fails to pay the fee within the period specified in paragraph (4) the Secretary of State need take no further steps in relation to the proposed application until payment has been received by the Secretary of State.

(6)

The Secretary of State may waive the fee (in whole or in part) in relation to the proposed application.

(7)

The fee referred to in paragraph (1) must not exceed the costs reasonably incurred by the Secretary of State in providing the pre-application services.

(8)

For the purposes of this regulation—

“pre-application services” means services provided to the applicant by the Secretary of State in connection with the Secretary of State’s major infrastructure functions in relation to a proposed application^f1 and include the services listed in Schedule 1;

“relevant day” means a day on which the Secretary of State provides pre-application services.”.

(3)

Before the Explanatory Note, insert—

“SCHEDULE 1

Pre-application services

Regulation 2A

Table

Description of pre-application services

Giving of advice to the applicant under section 51(1) (Advice to potential applicants and others).
Services provided to the applicant in relation to the environmental impact assessment process under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017^f2.
Services provided to the applicant in relation to section 98 (Timetable for examining, and reporting on, applications).
Services provided to the applicant in relation to any matters which the Secretary of State thinks may be both important and relevant to the Secretary of State’s decision under section 104 (Decisions in cases where national policy statement has effect) and section 105 (Decisions in cases where no national policy statement has effect).

”.

Description of pre-application services
Giving of advice to the applicant under section 51(1) (Advice to potential applicants and others).
Services provided to the applicant in relation to the environmental impact assessment process under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017^f2.
Services provided to the applicant in relation to section 98 (Timetable for examining, and reporting on, applications).
Services provided to the applicant in relation to any matters which the Secretary of State thinks may be both important and relevant to the Secretary of State’s decision under section 104 (Decisions in cases where national policy statement has effect) and section 105 (Decisions in cases where no national policy statement has effect).

Annotations

Footnotes

f1: See the definition of “the proposed application” in section 41(2) of the Planning Act 2008.
f2: S.I. 2017/572 was amended by section 19 of the Enterprise Act 2016 (c. 12); sections 128, 133, 134, 138(2) and 237 of, paragraphs 1, 14 and 56 of Part 1 of Schedule 13 to, and Part 20 of Schedule 25 to the Localism Act 2011 (c. 20); section 43 of the Wales Act 2017 (c. 4); section 160 of the Housing and Planning Act 2016 (c. 22); sections 3 and 23 of the Marine and Coastal Access Act 2009 (c. 23). Relevant amending instruments are S.I. 2010/439, 2010/602, 2012/635, 2012/2654, 2012/2732, 2013/522, 2012/755, 2014/469, 2014/2381, 2015/377, 2015/1682, 2017/1012, 2018/695, 2018/1232, 2020/1534.