# The Infrastructure Planning (Fees) Regulations 2010, Note: Explanatory note

Extent: E+W+S

(This note is not part of the Regulations)
The Planning Act 2008 (“the Act”) provides for the granting of an order for development consent for development which is or forms part of a nationally significant infrastructure project. Development consent is required for certain types of energy, water, waste water, transport and waste projects. The Act also establishes the Infrastructure Planning Commission (“the Commission”) which is responsible for examining, and in most cases, determining applications for development consent. Section 4 of the Act enables the Secretary of State to make regulations for the charging of fees by the Commission in relation to the performance of any of its functions.
These Regulations make provision for the payment of fees by an applicant or potential applicant, to the Commission in respect of handling applications made under the Act. The Regulations specify the circumstances in which a fee may be charged, the amount payable and the effect where the fee is not received by the Commission. The Regulations also ensure the Commission can charge:
fees (except for those under regulations 5 and 6) in respect of any application which is subject to a direction by the Secretary of State under section 35 of the Act (regulation 10); and
fees where a direction is made by the Secretary of State under section 113(3)(a) of the Act (regulation 11).
Provision is made for payment of a fee in relation to requests under sections 52 and 53 of the Act (regulation 3). In relation to an application for an order granting development consent a fee is payable on submission of the application (regulation 5), once the Examining authority is appointed (regulation 6), at the start of the examination of the application by the Commission (regulations 7 and 8) and on completion of examination (regulation 9). The fees paid during examination comprise of two payments which include the cost of the examination of the application as well as the costs of the decision following the examination. The rates set out in these regulations are based on a daily rate which normally accumulates for each day in the examination period (generally excluding weekends and public holidays), with 50% of the overall estimated fee paid at the start of the examination. Further fees are payable where the applicant does not provide the venue facilities for any hearing required in relation to the application for an order granting development consent; the Regulations make provision for payment, by the applicant, of the costs reasonably incurred by the Commission (regulation 4).
An impact assessment has been prepared in relation to these Regulations. This assessment has been placed in the library of each House of Parliament and copies may be obtained from the Nationally Significant Infrastructure Division, Department of Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (telephone 0303 444 1613).

---
Source: https://www.legislation.gov.uk/uksi/2010/106/note (the official version)
Page: https://openlegislation.uk/infrastructure-planning-fees-regulations-2010/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.