Paragraph 3 Fees
Where an application is made to the discharging authority for agreement, endorsement or approval in respect of a requirement, a fee shall be paid to that discharging authority as follows—
| Requirement | Fee |
|---|---|
Category 1: reserved matters (major) Requirement 17: Main development site: reserved matters | In accordance with sub-paragraphs (2), (3) and (4) |
Category 2: minor reserved matter and other details Requirement 5: Project wide: surface and foul water drainage Requirement 15: Main development site: outage car park Requirement 18: Sports facilities: reserved matters Requirement 19: Main development site: marine infrastructure Requirement 20: Main development site: SSSI Crossing Requirement 22: Main development site: ancillary structures, other buildings and plant Requirement 23: Main development site: highway works Requirement 24: Main development site: landscape works Requirement 30: Accommodation campus: buildings and structures Requirement 33: Associated development sites: buildings and structures and landscape Requirement 35: Highway works Requirement 36: Associated development: highway landscape works | £2,028 |
Category 3: re-approvals and ‘unless other agreed’ (i) In respect of any Category 1 or Category 2 requirement where an application is made for discharge in respect of which an application has been made previously; and (ii) Approval of variations pursuant to the ‘unless otherwise agreed’ provisions of the following requirements Requirement 2: Project wide: code of construction practice Requirement 4: Project wide: terrestrial ecology monitoring and mitigation plan Requirement 8: Project wide: estate management Requirement 9: Main development site: site clearance Requirement 13: Main development site: temporary construction-related development Requirement 14: Main development site: construction lighting Requirement 16: Main development site: approved buildings, structures and plant Requirement 28: Main development site: permanent operational lighting Requirement 31: Rail infrastructure Requirement 32: Associated development sites: site clearance | £462 |
Category 4: Other Requirement 3: Project wide: archaeology and peat Requirement 6: Project wide: emergency planning Requirement 7: Project wide: navigation lighting Requirement 10: Project wide: public rights of way Requirement 11: main development site: water monitoring and management plan Requirement 12: main development site: coastal processes monitoring and mitigation plan Requirement 25: main development site: fen meadow Requirement 26: main development site: wet woodland Requirement 27: main development site: marsh harrier Requirement 38: associated development sites: removal and reinstatement Requirement 39: rail noise | £116 |
Calculation of Category 1 fees
Subject to sub-paragraph (3) and (4) below, applications for discharge of requirement 17 shall be calculated as follows—
where the area of gross floor space to be created by the development does not exceed 40 metres, £234;
where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £462;
where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £462 for each 75 square metres of that area;
where the area of gross floor space to be created by the development exceeds 3750 square metres, £19,049; and an additional £115 for each 75 square metres.
For the purpose of the calculation of fees pursuant to paragraph 3(2)—
the area shall be taken as consisting of the area of land to which the application relates;
the area of gross floor space created by the development shall be ascertained by external measurement of the floor space, whether or not it is bounded (wholly or partly) by external walls of a building;
the gross floor space to be created by the development exceeds 75 square metres and is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floor space by the figure of 75 shall be treated as being 75 metres.
The maximum total fee payable for discharge of requirement 17 shall be £300,000.
Refund of fees
Any fee paid under this Schedule shall be refunded to the undertaker within 8 weeks of—
the application being rejected as invalidly made; or
the discharging authority failing to determine the application within the decision period as determined under paragraph 1, unless within that period the undertaker agrees, in writing, that the fee shall be retained by the discharging authority and credited in respect of a future application.