The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017 (“the 2017 Regulations”) were laid before Parliament on the 20th December and comes into effect on the 17th January 2018. The 2017 Regulations amend the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (“the 2012 Regulations”).
The 2017 Regulations increases all existing planning application fees by approximately 20%. This increase also applies to deemed applications, requests or site visits. The increase was offered by Government to all local planning authorities if they agreed that the additional money would be re-invested within their planning department. All local planning authorities accepted the offer, which whilst requiring that the money is invested within their planning departments, does not require that it relates directly to their Development Control / Management sections.
The Planning Portal’s full schedule of planning fees will be issued shortly. Some key revised figures are set out below by way of an example:
|Type of Development||Existing||New|
|Extension to dwelling||£172||£196|
|Variation of planning condition||£195||£234|
Another significant change of the 2017 Regulations is an amendment that will require a fee to be paid where a planning application has to be made for planning permission for a form of development that would otherwise have been ‘Permitted Development’ but is not because of an Article 4 Direction or planning condition on a previous planning permission. Previously, such applications were exempt from the requirement to pay.
The 2017 Regulations also introduce new fees and make a number of other changes, including:
- A fee of £402 for each 0.1 hectare of the site area for Permission in Principle developments;
- Introduction of a fee for a prior approval in relation to the new permitted development rights that were introduced in the 2017 amendments to the General Permitted Development Order; and
- Enables Mayoral development corporations and urban development corporations to charge for the provision of pre-application advice in their areas.
With regards to the transitional arrangements, these provide that the changes made by the Regulations, including the increased fees and the introduction of new fee will only apply where an application has been made on or after the coming into force date of these Regulations. There is no definition of what constitutes a ‘made’ application in terms of it being valid or not. We are aware of at least one authority whose view is that if an application is submitted before the 17th but is invalid, if it is then made valid (for example, through the submission of additional information) on or after the 17th, it will be subject to the increased fees. This should be considered in the context of making applications in the transitional period.
If you require any further advice regarding the above, please do not hesitate to contact one of the offices listed below.