Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/193 |
| Year | 1989 |
1989No. 193
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
The Town and Country Planning (Fees for Applications and
Deemed Applications) Regulations 1989
14thFebruary1989
14thMarch1989
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 87 of the Local Government, Planning and Land Act 1980 ( a) and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has been laid before and approved by each House of Parliament:-
Application, citation and commencement
1.-(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 and shall come into force on the twenty-eighth day after the day on which they are made.
(2) These Regulations apply-
(a) to applications for planning permission made on or after the date when they come into operation;(b) to applications for approval of reserved matters made on or after the date when they come into operation;(c) to applications for consent for the display of advertisements made on or after the date when they come into operation;(d) to applications for planning permission deemed to have been made, by virtue of section 88B(3) of the Town and Country Planning Act 1971 ( b) , in connection with an enforcement notice issued on or after the date when they come into operation; and(e) to applications for planning permission deemed to have been made, by virtue of section 95(6) of the Town and Country Planning Act 1971, in connection with an application for an established use certificate made on or after the date when they come into operation.Interpretation
2.-(1) In these Regulations, unless the context otherwise requires-
"the 1971 Act" means the Town and Country Planning Act 1971;
"the 1984 Regulations" means the Town and Country Planning (Control of Advertisements) Regulations 1984 ( c) ;
"the General Development Order" means the Town and Country Planning General Development Order 1988 ( d) ;
(a) 1980 c.65.
(b) 1971 c.78; section 88B was inserted by the Schedule to the Local Government and Planning (Amendment) Act 1981 (c.41).
(c) S.I. 1984/421.
(d) S.I. 1988/1813.
"dwellinghouse" means a building or part of a building which is used as a single private dwellinghouse and for no other purpose;
"glasshouse" means a building which-
(a) has not less than three-quarters of its total external area comprised of glass or other translucent material;(b) is designed for the production of flowers, fruit, vegetables, herbs or other horticultural produce; and(c) is used, or is to be used, solely for the purposes of agriculture;"outline planning permission" and "reserved matters" have the same meaning as in the General Development Order;
"use for residential purposes" means use as a dwellinghouse;
"use of land" includes use of land for the winning and working of minerals.
(2) Subject to paragraph (3) below, expressions used in these Regulations have, unless the context otherwise requires, the meaning which they bear in the 1971 Act.
(3) Expressions used in regulation 11 and Schedule 2 have, unless the context otherwise requires, the meaning which they bear in the 1984 Regulations.
(4) References in regulations 7(2)(d), 8(2)(f), 10(5) and 11(10)(e) and in paragraph 5(1) of Schedule 1 to particular provisions of these Regulations shall be construed as including references to the corresponding provisions of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1981 ( a) and the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1983 ( b) .
Fees for planning applications
3.-(1) Subject to regulations 4 to 9, where an application is made to a local planning authority for planning permission for the development of land or for the approval of reserved matters, a fee shall be paid to that authority.
(2) The fee payable in respect of the application shall be calculated in accordance with Schedule 1.
(3) The fee due in respect of an application shall (subject to paragraph 8(2) of Schedule 1) be paid to the local planning authority with whom the application is lodged and shall accompany the application.
(4) Where the local planning authority who receive the fee in accordance with paragraphs (1) to (3) are not the local planning authority who have to determine the application, they shall remit the fee to that authority at the same time as they forward the application to them.
(5) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Exceptions
4.-(1) Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied that it relates solely to-
(a) the carrying out of operations for the alteration or extension of an existing dwellinghouse; or(b) the carrying out of operations (other than the erection of a dwellinghouse) in the curtilage of an existing dwellinghouse,for the purpose, in either case, of providing means of access to or within the dwellinghouse for a disabled person who is resident in, or is proposing to take up residence in, that dwellinghouse, or of providing facilities designed to secure his greater safety, health or comfort.
(2) Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied that it relates solely to the carrying out of operations for the purpose of providing means of access for disabled persons to or within a building or premises to which members of the public are admitted (whether on payment or otherwise).
(3) In this regulation, "disabled person" means a person who is within any of the descriptions of persons to whom section 29 of the National Assistance Act 1948 ( c) applies.
(a) S.I. 1981/369.
(b) S.I. 1983/1674.
(c) 1948 c.29.
5.-(1) Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied-
(a) that the application relates solely to development which is within one or more of the classes specified in Schedule 2 to the General Development Order; and(b) that the permission granted by article 3 of that Order does not apply in respect of that development by reason of (and only by reason of)-(i) a direction made under article 4 of that Order which is in force on the date when the application is made; or(ii) the requirements of a condition imposed on a permission granted or deemed to be granted under Part III of the 1971 Act otherwise than by that Order.(2) The reference in sub-paragraph (1)(a) to an application which relates to development which is within one or more of the classes specified in Schedule 2 to the General Development Order shall be construed as including an application for planning permission for the continuance of a use of land, or the retention of buildings or works, without compliance with a condition subject to which a previous planning permission has been granted, where the condition in question prohibits or limits the carrying out of any development which is within one or more of the said classes.
6. Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied-
(a) that the application relates solely to the use of a building or other land for a purpose of any class specified in the Schedule to the Town and Country Planning (Use Classes) Order 1987 ( a) ; and(b) that the existing use of that building or other land is for another purpose of the same class; and(c) that the making of an application for planning permission in respect of the use to which the application relates is necessary by reason of (and only by reason of) the requirements of a condition imposed on a permission granted or deemed to be granted under Part III of the 1971 Act.7.-(1) Where all the conditions set out in paragraph (2) are satisfied, regulation 3 shall not apply to-
(a) an application for planning permission which is made following the granting of planning permission for development which the local planning authority are satisfied is development of the same character or description as the development to which the application relates, on an application for planning permission made by or on behalf of the same applicant; or(b) an application for approval of one or more reserved matters which is made following the granting of approval of details relating to the same reserved matters authorised by the same outline planning permission, on an application made by or on behalf of the same applicant.(a) S.I. 1987/764.
(2) The conditions referred to in paragraph (1) are-
(a) that the application is made within 12 months of the date of the grant of planning permission or grant of approval of details of reserved matters, as the case may be;(b) that the application relates-(i) in the case of an application for planning permission, to the same site as that to which the grant of planning permission related, or to part of that site, and to no other land except land included solely for the purpose of providing a different means of access to the site; or(ii) in the case of an application for approval of reserved matters, to the same site as that in respect of which the approval was granted, or to part of that site (and no other land);(c) in the case of an application for planning permission which is not made in outline, that the planning permission which has been granted is not an outline planning permission;(d) that no application made by or on behalf of the same applicant in relation to the whole or any part of the site has already been exempted from regulation 3 by this regulation.8.-(1) Where all the conditions set out in paragraph (2) are satisfied, regulation 3 shall not apply to-
(a) an application for planning permission which is made following the withdrawal (before notice of decision was issued) of an...To continue reading
Request your trial