Wednesday, 21 March 2018
Amended application fees
I imagine that most of my professional readers will be aware by now of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017 (SI 2017 No.1314) which came into effect in mid-January.
Article 2 has increased application fees generally by 20% (rounded up to whole pounds) as the government had previously announced.
Article 5(2) of these amendment regulations has removed the fee exemption previously contained in Article 5 of the 2012 fee regs which had relieved applicants of any liability to pay an application fee where they were applying for planning permission due either to the removal of a permitted development right by an Article 4 Direction or to its removal by a condition attached to a planning permission.
The fee increase in respect of applications for prior approval under the GPDO is dealt with separately by Article 5(3) of the new regulations (as it was by the previous version of these regulations when prior approval applications were introduced). The recent amendments to these fees generally do no more than increase the fees by 20%, but the fee for prior approval under Part 4 (temporary buildings and uses) is the same [now £96] whether or not any building operations are involved (under Class E, in connection with temporary film-making). Unless I had previously mis-read the original fees regulations, this is in contrast to the earlier rule that a fee of £172 was payable for a combined application for both operational development and building operations under Part 4, Class E.
The £96 fee is now also payable for applications under Part 7 (non-domestic extensions, alterations etc), and Part 14 (renewable energy) in addition (as before) to those made under Part 6 (agricultural and forestry) and Part 11 (heritage and demolition).
Having waded through these amendment regulations, as well as various other amendment regulations on other subjects recently, I am bound to say that it would make life far easier for everyone who has to interpret, apply and operate under this detailed subordinate legislation if, instead of simply amending the earlier statutory instrument by reference, the government were to replace the previous version entirely. Whilst this might involve reprinting large wodges of text which had not in fact been amended, it would make the exercise of understanding the regulations as a whole a great deal easier for all concerned.
© MARTIN H GOODALL