OpenLegislation

Section 303A Responsibility of local planning authorities for costs of holding certain inquiries etc.C1F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(F21)

This section applies if the appropriate authority appoints a person to carry out or hold a qualifying procedure.

(1A)

A qualifying procedure is—

(F3zza)

a public examination under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004;

(a)

an independent examination under section F415D, 15DB, 15H(3)(b), 15HA(6)(a) or 64 of the Planning and Compulsory Purchase Act 2004;

(b)

a local inquiry or other hearing under paragraph 8(1)(a) of Schedule 7;

(c)

the consideration of objections under paragraph 8(1)(b) of that Schedule.

(1B)

F5Where a local planning authority cause a qualifying procedure to be carried out or held, the appropriate authority is—

(a)

the Secretary of State if the local planning authority causing the procedure to be carried out or held is in England;

(b)

the National Assembly for Wales if the local planning authority causing the procedure to be carried out or held is in Wales.

(F61BA)

Where the qualifying procedure is a public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Secretary of State.

(F71C)

Where the qualifying procedure is an independent examination of a strategic development plan under section 64 of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Welsh Ministers.

(2)

The F8appropriate authority may require the whole or any part of the costs borne by F9it in relation to the qualifying F10procedure to be paid by the local planning authority F11, corporate joint committee or strategic planning authority causing the qualifying procedure to be held.

(3)

The appropriate authority may cause the amount of any such costs to be certified; and any amount so certified and required by it to be paid by a local planning authority F12, corporate joint committee or strategic planning authority shall be recoverable from that authority F13or committee as a civil debt.

(4)

What may be recovered under this section by the appropriate authority is the entire administrative cost of, or incidental to, the qualifying procedure , so far as borne by it, including, in particular, such reasonable amount or element as F14it may determine in respect of the general staff costs and overheads of his department.

(5)

For the purposes of subsection (4), the appropriate authority may by regulations prescribe a standard daily amount in relation to any description of qualifying procedure and any description of person appointed to hold it, F15... and where, in relation to a qualifying procedure of that description, a person of that description is or has been so appointed, what may be recovered in respect of that qualifying procedure by virtue of the appointment of that person ... is—

(a)

the prescribed standard amount from time to time applicable in the case of that qualifying procedure and that person in respect of each day, or an appropriate proportion of that amount in respect of a part of a day, on which that person is engaged in the holding of, or is otherwise engaged on work connected with, the qualifying procedure ;

(b)

any costs actually incurred on travelling or subsistence allowances payable to that person in connection with the qualifying procedure ;

(c)

any costs attributable to the appointment of an assessor to assist that person F16. . . and

(d)

any other costs attributable to the appointment of that person.

(6)

The cost of, or incidental to, a qualifying procedure which does not take place may be recovered by the appropriate authority from the local planning authority F17, corporate joint committee or strategic planning authority from which it would have been recoverable, had the qualifying procedure taken place, to the same extent, and in the same way, as the cost of, or incidental to, a qualifying procedure which does take place.

F18(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F199A)

A reference to a local planning authority F20, corporate joint committee or strategic planning authority causing a qualifying procedure to be carried out includes a reference to the case where under the Planning and Compulsory Purchase Act 2004—

(a)

the local planning authority F21, corporate joint committee or strategic planning authority are required to submit a F22strategy, plan or document to the appropriate authority for independent examination, or

(F23b)

the Secretary of State (or a person acting on the Secretary of State’s behalf) holds a public or independent examination in relation to a strategy, plan or document prepared by the local planning authority or strategic planning authority, or by the Secretary of State under section 12P(2)(a) or 15HA(2)(a) of that Act.

(F249B)

In a case where a qualifying procedure is carried out in relation to a plan that is prepared jointly by two or more local planning authorities under Part 2 of the Planning and Compulsory Purchase Act 2004, the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between those authorities, on such basis as the Secretary of State considers just and reasonable.

(F259C)

In a case where a qualifying procedure is carried out in relation to a spatial development strategy that is prepared by a strategic planning board under Part 1A of the Planning and Compulsory Purchase Act 2004 (see section 12B of that Act), the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between the constituent authorities of the board, on such basis as the Secretary of State considers just and reasonable.

(10)

In this section—

(F26za)

any reference to an independent examination under section 15D of the Planning and Compulsory Purchase Act 2004 includes a pause of such an examination under section 15DA of that Act;

(a)

any reference to costs borne by the F27appropriate authority includes a reference to costs which, apart from this section, would fall, or would have fallen, to be borne by F28it ; and

(b)

any reference to any remuneration or allowance being paid or payable to a person includes a reference to its being paid or payable for him.

(11)

This section applies in relation to costs arising before, as well as costs arising after, its coming into force.

(F2912)

In this section references to a local planning authority are, in relation to a local planning authority in England, to a local planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 and include a minerals and waste planning authority for the purposes of that Part.

(F3013)

In this section “strategic planning authority” has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.

Annotations

Textual amendments

F1

S. 303A inserted (8.11.1995) by 1995 c. 49, s. 1(1)

F2

S. 303A(1)-(1B) substituted (28.9.2004 (E.), 15.10.2005 (W.)) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 118, Sch. 6 para. 11(2), (with s. 111); S.I. 2004/2202, art. 2; S.I. 2005/2847, art. 2

F3

S. 303A(1A)(zza) inserted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(2) (with s. 116); S.I. 2026/1157, reg. 2(b)

F4

Words in s. 303A(1A)(a) substituted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 7(2)(b) (with s. 247); S.I. 2026/169, reg. 3(f)(ii) (with Sch. 1)

F5

Words in s. 303A(1B) substituted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(2); S.I. 2021/7, reg. 2(c)

F6

S. 303A(1BA) inserted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(3) (with s. 116); S.I. 2026/1157, reg. 2(b)

F7

S. 303A(1C) inserted (6.9.2015 for specified purposes, 7.1.2021 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 10(3); S.I. 2021/7, reg. 2(c)

F8

Words in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F9

Word in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F10

Word in s. 303A(2)(4)(5)(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(4) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F11

Words in s. 303A(2) substituted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(4) (with s. 116); S.I. 2026/1157, reg. 2(b)

F12

Words in s. 303A(3) substituted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(5) (with s. 116); S.I. 2026/1157, reg. 2(b)

F13

Words in s. 303A(3) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 26(3)(b)

F14

Word in s. 303A(2)-(6) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F15

Words in s. 303A(5) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(5) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F16

Words in s. 303A(5)(c) repealed (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(5)(c) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F17

Words in s. 303A(6) substituted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(6) (with s. 116); S.I. 2026/1157, reg. 2(b)

F18

S. 303A(7)-(9) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(6) (with s. 111); S.I. 2004/2202, art. 2 Sch .1 (subjject to transitional provisions and savings in art. 4) ; S.I. 2005/2847, art. 2 Sch. 1 (subjject to transitional provisions and savings in art. 3)

F19

S. 303A(9A) substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 148(3), 216(3); S.I. 2016/733, reg. 4(1)(f)

F20

Words in s. 303A(9A) substituted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(7)(a) (with s. 116); S.I. 2026/1157, reg. 2(b)

F21

Words in s. 303A(9A)(a) substituted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(7)(a) (with s. 116); S.I. 2026/1157, reg. 2(b)

F22

Words in s. 303A(9A)(a) inserted (25.3.2026 except for the word “strategy”) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 7(3)(a)(i) (with s. 247); S.I. 2026/169, reg. 3(f)(ii) (with Sch. 1)

F23

S. 303A(9A)(b) substituted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(7)(b) (with s. 116); S.I. 2026/1157, reg. 2(b)

F24

S. 303A(9B) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 7(4) (with s. 247); S.I. 2026/169, reg. 3(f)(ii) (with Sch. 1)

F25

S. 303A(9C) inserted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(8) (with s. 116); S.I. 2026/1157, reg. 2(b)

F26

S. 303A(10)(za) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 7(5) (with s. 247); S.I. 2026/169, reg. 3(f)(ii) (with Sch. 1)

F27

Words in s. 303A(10)(a) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2 Sch. 1 (subject to transitional provisions and savings in art. 3)

F28

Word in s. 303A(10)(a) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 11(3) (with s. 111); S.I. 2004/2202, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 4); S.I. 2005/2847, art. 2, Sch. 1 (subject to transitional provisions and savings in art. 3)

F29

S. 303A(12) inserted (25.3.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 8 para. 7(6) (with s. 247); S.I. 2026/169, reg. 3(f)(ii) (with Sch. 1)

F30

S. 303A(13) inserted (4.11.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(2)(g), Sch. 2 para. 1(9) (with s. 116); S.I. 2026/1157, reg. 2(b)

Modifications

C1

S. 303A modified (8.11.1995) by 1995 c. 49, s. 1(2)(3)(4)

S. 303A restricted (8.11.1995) by 1995 c. 49, s. 2(14)