The Infrastructure Planning (Fees) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/106

2010 No. 106

Infrastructure Planning

The Infrastructure Planning (Fees) Regulations 2010

Made 25th January 2010

Laid before Parliament 1st February 2010

Coming into force 1st March 2010

The Secretary of State, in exercise of the powers conferred by sections 4 and 232(3) of the Planning Act 20081, makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Infrastructure Planning (Fees) Regulations 2010 and shall come into force on 1st March 2010.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

the Act” means the Planning Act 2008;

“applicant” means an applicant for an order granting development consent or a person who proposes to apply for such an order;

“application” means an application for an order granting development consent;

“Examining authority” means the Panel or single Commissioner appointed to examine the application;

“hearing” has the same meaning as in section 95(2);

(2) In these Regulations any reference to a section is a reference to a section of the Act.

(3) In these Regulations any reference to the receipt by the Commission of a payment by way of a fee is a reference to the Commission having received cleared finds in respect of the full amount of the fee.

(4) In these Regulations any reference to a failure to pay a fee is a reference to the Commission not having received cleared funds in respect of the full amount of the fee or having received payment of the full amount by cheque which has subsequently been dishonoured.

S-3 Fee in respect of authorisation under sections 52 and 53

Fee in respect of authorisation under sections 52 and 53

3.—(1) The Commission must charge a fee of £1,000 in relation to each of the following requests—

(a)

(a) a request for authorisation under section 52(2) (obtaining information about interests in land);

(b)

(b) a request for authorisation under section 53(1) (rights of entry).

(2) The fee must be paid at the same time that the request is made.

(3) If the applicant fails to pay the fee the Commission need not consider the request until payment is received by the Commission.

S-4 Fee in respect of venue costs

Fee in respect of venue costs

4.—(1) Where the applicant does not provide a venue for a hearing the Commission may charge a fee in respect of the venue costs.

(2) In paragraph (1) “venue costs” means—

(a)

(a) where the Commission causes a hearing to be held, the costs reasonably incurred by the Commission in respect of that hearing; or

(b)

(b) where the Commission makes arrangements for a hearing to be held but it does not take place, the costs reasonably incurred by the Commission in respect of those arrangements.

(3) The Commission must notify the applicant in writing of the amount of the fee.

(4) The fee must be received by the Commission within the period of 28 days beginning with the date of the notice referred to in paragraph (3).

(5) If the applicant fails to pay the fee within the period specified in paragraph (4), the Commission need take no further steps in relation to the application until payment has been received by the Commission.

S-5 Fee to accompany an application

Fee to accompany an application

5.—(1) The Commission must charge the applicant a fee in respect of the decision by the Commission under section 55 (acceptance of applications) whether or not to accept the application.

(2) The fee payable is £4,500.

(3) The fee must be paid at the same time that the application is made.

(4) If the applicant fails to pay the fee, the Commission need not consider the application until payment is received by the Commission.

S-6 Fee in respect of the initial decision

Fee in respect of the initial decision

6.—(1) Following a decision under section 61 (initial choice of panel or single commissioner) the Commission must notify the applicant in writing, as soon as reasonably practicable, of the pre-examination fee.

(2) The pre-examination fee is—

(a)

(a) where a single Commissioner will handle the application, £13,000;

(b)

(b) where a Panel of three Commissioners will handle the application, £30,000;

(c)

(c) where a Panel of more than three Commissioners will handle the application, £43,000.

(3) The pre-examination fee must be received by the Commission within the period of 28 days beginning with the date of the notice referred to in paragraph (1).

(4) If the applicant fails to pay the pre-examination fee within the period specified in paragraph (3), the Commission need take no further steps in relation to the application until payment has been received by the Commission.

S-7 Fee in respect of handling an application

Fee in respect of handling an application

7.—(1) The Commission must charge the applicant a fee in respect of the Examining authority’s handling of the application.

(2) The fee payable is—

(a)

(a) an initial payment calculated in accordance with regulation 8; and

(b)

(b) a final payment calculated in accordance with regulation 9.

S-8...

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