The High Speed Rail (West Midlands – Crewe) (Fees for Requests for Planning Approval) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/183 |
| Year | 2021 |
2021 No. 183
Town And Country Planning, England
The High Speed Rail (West Midlands – Crewe) (Fees for Requests for Planning Approval) Regulations 2021
Made 22th February 2021
Laid before Parliament 25th February 2021
Coming into force 25th March 2021
The Secretary of State for Transport and the Secretary of State for Housing, Communities and Local Government, acting jointly in exercise of the powers conferred by section 17 of, and paragraphs 17(1) and 28(1) of Schedule 17 to, the High Speed Rail (West Midlands – Crewe) Act 20211, make the following Regulations.
Citation and commencement
1. These Regulations may be cited as the High Speed Rail (West Midlands – Crewe) (Fees for Requests for Planning Approval) Regulations 2021, and come into force on 25th March 2021.
Interpretation and general provisions as to fee calculation
2.—(1) In these Regulations—
“the Act” means the High Speed Rail (West Midlands – Crewe) Act 2021, and “the Schedule” means Schedule 17 to the Act;
“appeal” means an appeal to the appropriate Ministers pursuant to paragraph 23 of the Schedule;
“approval” means approval under Part 1 of the Schedule, which includes an agreement for a site restoration scheme;
“authority” means a relevant planning authority for the purposes of the Schedule;
“request” means a request for approval under the planning permission deemed to be granted by section 17(1) of the Act;
“site restoration scheme” means a scheme referred to in paragraphs 8(1) and 12 of the Schedule;
“the undertaker” means the nominated undertaker2; and
“working day” means a day which is not a Saturday, Sunday, bank holiday or other public holiday; and a “bank holiday” has the same meaning as in paragraph 1 of Schedule 1 to the Banking and Financial Dealings Act 19713.
(2) Where, pursuant to these Regulations, a prescribed fee is calculated by reference to the gross floor space to be created, the area of that space must be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or in part) by external walls of a building.
(3) Where, pursuant to these Regulations, a prescribed fee is calculated by reference to a site area, that area must be taken to consist of the area of land to which the request relates.
(4) Where the gross floor space or the site area, as the case may be, is not an exact multiple of the unit of measurement specified, the fraction of unit remaining after division of the total area by the unit of measurement must be treated as a complete unit.
(5) Any notice or notification to be given pursuant to these Regulations must be in writing.
Fees for requests
3. Where the undertaker makes a request to an authority, it must, subject to the exceptions set out in Schedule 1, pay a fee to the authority in accordance with these Regulations.
Fees payable to an authority
4.—(1) The fee payable to an authority in respect of a request relating to a single matter falling within a category of development set out in the column (1) of the Table in Schedule 2 is—
(a)
(a) the fee set out in the column (2), or
(b)
(b) where relevant, to be calculated in accordance with the criteria set out in the second column,
in relation to that category.
(2) Subject to paragraph (3), where a request seeks approval for more than one such matter, the total fee payable is to be calculated by adding together the fees that would be payable under paragraph (1), were each matter to have been the subject of a separate request.
(3) Where a request seeks approval for—
(a)
(a) more than one fence or wall, or
(b)
(b) more than one sight, noise or dust screen,
that part of the total fee payable under paragraph (2) that relates to fences, walls or screens is to be calculated as if that of the request relating to those matters was limited to seeking approval in respect of one fence or wall or one sight, noise or dust screen, as the case may be.
General provisions concerning fee payment
5.—(1) Any fee paid pursuant to these Regulations must be refunded if the request is rejected as invalidly made.
(2) Where a fee due in respect of a request has been paid by a cheque which is subsequently dishonoured, the appropriate period for the purposes of paragraph 23(3) of the Schedule will be calculated without regard to any time between the date when the authority dispatches to the undertaker notice of the dishonouring of the cheque and the date on which the authority is satisfied that it has received the full amount of the fee.
(3) In this regulation and regulations 6 and 7, the payment of a fee may be made by bank transfer, cheque or by such other method of payment that may be agreed between the undertaker and the authority.
Termination of request on non-payment of fee
6.—(1) Where—
(a)
(a) the prescribed fee is not paid to the authority within a period of 6 weeks beginning with the date of receipt of the request; and
(b)
(b) the undertaker has not, within that period, notified the authority that it disputes the amount of the fee payable pursuant to these Regulations or that it claims an exception set out in Schedule 1 is applicable,
the authority may treat the request as terminated.
(2) Where the authority decides to treat a request as terminated pursuant to paragraph (1), it must, before the expiry of the appropriate period for the purposes of paragraph 23(3) of the Schedule, give notice of its decision to the undertaker.
(3) For the purpose of this regulation and regulation 7—
(a)
(a) a fee or the balance of a fee is paid when a cheque is tendered to the authority in payment of it, except where the cheque is dishonoured; and
(b)
(b) where a cheque is dishonoured, the fee or balance of the fee is paid when the authority is satisfied that it has received the full amount of the fee or balance.
Resolution of disputes
7.—(1) Where paragraph 23(3) of the Schedule applies and, on making an appeal to the appropriate Ministers, the undertaker notifies them that there is a dispute with the authority as to—
(a)
(a) the amount of the fee payable pursuant to these Regulations, or
(b)
(b) whether any exception set out in Schedule 1 is applicable,
the appropriate Ministers may determine that issue prior to the consideration of the appeal.
(2) Where—
(a)
(a) the appropriate Ministers have determined an issue falling under paragraph (1);
(b)
(b) they have notified the undertaker and the authority of the prescribed fee; and
(c)
(c) that fee is a sum larger than that already paid to the authority, or no fee has been paid to the authority,
the undertaker must, within a period of 3 working days beginning with the date of the undertaker’s receipt of such notification, pay to the authority the prescribed fee, or the balance of that fee, as the case may be.
(3) Where the undertaker does not pay the prescribed fee or the balance of that fee within the period mentioned in paragraph (2), the authority must, within a period of 10 working days beginning with the date of its receipt of the appropriate Ministers’...
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