Made | 27th April 2005 | ||
Coming into operation | 18th May 2005 |
(2) Expressions used in regulation 14 have the same meaning as in the Control of Advertisements Regulations.
Fees for planning applications
3.
- (1) Subject to regulation 4, where an application is made to the Department for planning permission or, for the approval of reserved matters, a fee shall be paid to the Department in accordance with the provisions of these Regulations.
(2) Subject to regulations 10 and 19(2), the fee in respect of the application shall be calculated in accordance with the provisions of Schedule 1.
(3) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Exemptions
4.
- (1) Regulation 3(1) shall not apply where the Department is satisfied that the application relates solely to -
(2) Regulation 3(1) shall not apply where the Department is satisfied that the application 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 1 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978[5] applies.
5.
Regulation 3(1) shall not apply where the Department is satisfied -
Cases where reduced fees apply
6.
- (1) Regulation 3(2) shall not apply where -
(2) The reference in paragraph (1)(a) to an application which relates to development which is within one or more of the classes specified in Schedule 1 to the General Development Order shall be construed as including an application for planning permission to carry out such development 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.
7.
- (1) Where the conditions set out in paragraph (2) are satisfied, regulation 3(2) shall not apply to -
(2) The conditions referred to in paragraph (1) are -
(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 previous application has at any time been made by or on behalf of the same applicant which related to the site to which the relevant grant of planning permission or grant of approval of reserved matters, as the case may be, relates (or which related wholly or in part to any part of that site) and which was exempted from regulation 3(2) by this regulation.
8.
- (1) Where the conditions set out in paragraph (2) are satisfied, regulation 3(2) shall not apply to -
(2) The conditions referred to in paragraph (1) are -
Fee for application made following a determination as to whether listed building consent required
9.
Where the Department receives an application for a determination under Article 48(1) of the 1991 Order and determines that the proposed work to a listed building would involve the alteration or extension of the building in a manner which would affect its character as a building of special architectural or historic interest, the fee for the application for listed building consent made by or on behalf of the same applicant as a result of the determination shall be reduced by the amount paid for the determination under regulation 17(1).
Amount of reduced fees and refunds
10.
- (1) The fee for an application for planning permission to which regulation 6, 7 or 8 applies shall be £50.
(2) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Fees for deemed applications
11.
- (1) Subject to regulation 12(1), a fee shall be paid where an application for planning permission is deemed to have been made by virtue of the provisions of Article 71(5) of the 1991 Order (in consequence of an appeal under Article 69 of that Order against an enforcement notice).
(2) Subject to regulation 12(3) and regulation 13(6) the amount of the fee payable in respect of a deemed application shall be calculated in accordance with the provisions of Schedule 1.
(3) A fee shall be paid in respect of a deemed application by every person who appeals against the relevant enforcement notice.
Exemption, etc. - deemed applications
12.
- (1) In the case of a deemed application, regulation 11(1) shall not apply where the appellant, before the date when the relevant enforcement notice was issued, made -
(2) Regulations 4, 5 and 6 shall apply to a deemed application as they apply to an application for planning permission with the following modifications -
(3) The fee for an application deemed to have been made by virtue of Article 71(5) of the 1991 Order to which regulation 6 (as applied by regulation 12(2)) applies shall be £50.
Refunds - deemed applications
13.
- (1) If, in the case of a deemed application, the Commission declines jurisdiction on the grounds that the relevant appeal does not comply with one or more of the requirements of Article 69(1) to (4) of the 1991 Order, the fee paid in respect of the deemed application shall be refunded.
(2) If the relevant appeal is withdrawn before the date appointed for its hearing or, where the appeal is by way of written representations, before the date appointed for the inspection of the site to which the enforcement notice relates, the fee paid in respect of the deemed application shall be refunded.
(3) The reference in paragraph (2) to an appeal being by way of written representations shall be construed as a reference to an appeal in respect of which neither the appellant nor the Department has asked for an opportunity of appearing before and being heard by the Commission.
(4) The fee paid by an appellant shall be refunded to him in the event of the Department withdrawing the relevant enforcement notice before it takes effect or if the Commission decides that the enforcement notice is a nullity.
(5) Save in the case of an application deemed to have been made in connection with an enforcement notice alleging a breach of planning control by the use of land as a caravan site, the fee paid by an appellant in respect of a deemed application shall be refunded to him in the event of the Commission allowing the appeal against the enforcement notice on any of the grounds (b) to (e) set out in Article 69(3) of the 1991 Order.
(6)
the fee payable shall be that lesser amount and any excess amount already paid shall be refunded.
(b) In determining a fee under sub-paragraph (a) no account shall be taken of any change in fees which takes effect after the making of the deemed application.
Fees for applications for consent of advertisements
14.
- (1) Where an application is made to the Department under regulation 7 of the Control of Advertisements Regulations for consent to display an advertisement, a fee shall be paid to the Department in accordance with paragraphs (2) and (3) and the fee shall be £150.
(2) Where the application relates to the display of advertisements on more than one piece of land, the fee payable in respect of the application shall be the aggregate of the sums payable (calculated in accordance with the provisions of paragraph (3)) in respect of the display of advertisements on each piece of land.
(3) Where the application relates to the display of more than one advertisement on the same land, a single fee shall be payable in respect of all the advertisements to be displayed on that land.
(4) Where the application relates to the display, within a specified area, of advertisements on parking meters, litter bins or bus shelters, the whole of the area to which the application relates shall be treated as one piece of land for the purposes of this regulation.
(5) Where all of the conditions set out in paragraph (6) are satisfied, paragraph (1) shall not apply to an application which is made following the withdrawal (before notice of decision was issued) of an application made by or on behalf of the same person.
(6) The conditions referred to in paragraph (5) are -
(b) that the application relates to the same land as that to which the earlier application related, or to part of that land;
(c) that the Department is satisfied that it relates to an advertisement, or advertisements, of the same description as the advertisement, or advertisements, to which the earlier application related;
(d) that the fee payable in respect of the earlier application was paid;
(e) that no previous application has at any time been made by or on behalf of the same applicant which related to -
(7) No fee is payable under this regulation in respect of an application for consent to display an advertisement if the application is occasioned by a direction under regulation 6 of the Control of Advertisements Regulations disapplying regulation 5 of those Regulations in relation to the advertisement in question.
(8) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Fees for applications in designated areas
15.
- (1) The fee for -
shall be £50.
(2) Paragraph (1)(a) shall not apply where the Department, in relation to the application, is satisfied as set out in paragraphs (1) or (2) of regulation 4 in relation to the application referred to in those paragraphs.
Fees for Hazardous Substances Consent
16.
- (1) Where an application is made to the Department under regulation 5 of the Hazardous Substances Regulations a fee shall be paid to the Department in accordance with Schedule 2.
(2) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Fees for applications for determination as to whether listed building consent required
17.
- (1) The fee for an application under Article 48(1) of the 1991 Order shall be £45.
(2) Paragraph (1) shall not apply where the Department, in relation to the application, is satisfied as set out in paragraphs (1) or (2) of regulation 4 in relation to the application referred to in those paragraphs.
Fees for applications for certificates of lawful use or development
18.
- (1) Subject to paragraphs (2), (3) and (4), an application made to the Department under Article 83A or 83B of the 1991 Order shall be accompanied by a fee.
(2) Paragraph (1) shall not apply where the Department is satisfied that it relates solely to the carrying out of operations specified in regulation 4 for the purposes specified in that regulation.
(3) Where all of the conditions set out in paragraph (4) are satisfied, paragraph (1) shall not apply to an application which is made following the withdrawal (before notice of decision was issued) of an application made by or on behalf of the same applicant.
(4) The conditions referred to in paragraph (3) are -
(5) Subject to paragraphs (6), (7) and (8), the fee payable in respect of an application to which this regulation applies shall be -
(6) Where a use specified in an application under Article 83A(1)(a) is comprised of or includes a use as one or more separate dwellinghouses, the fee payable in respect of that application shall be £200 for each dwellinghouse subject to a maximum fee of £10,000 for the application.
(7) Where an application is made under Article 83A(1)(a) or (b) (or under both sub-paragraphs) and under Article 83A(1)(c), the fee payable shall be the sum of the fees that would have been payable if there had been an application under Article 83A(1)(a) or (b) (or under both sub-paragraphs, as the case may be) and a separate application under Article 83A(1)(c).
(8) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Fees for statutory authorities
19.
- (1) Regulation 3(2) shall not apply to an application for planning permission or for applications for approval of reserved matters made by -
(2) The fee for an application for planning permission or for approval of reserved matters referred to in paragraph (1) shall be £50.
Revocations
20.
The regulations specified in Schedule 3 are hereby revoked.
Sealed with the Official Seal of the Department of the Environment on
27th April 2005.
L.S.
Marianne Fleming
A senior officer of the Department of the Environment
4.
- (1) This paragraph applies where -
(2) Where this paragraph applies and the amount of the fees paid as mentioned in sub-paragraph (1)(b) is not less than the amount which would be payable if the applicant were by his current application seeking approval of all the matters reserved by the outline permission (and in relation to the whole of the development authorised by the permission), the amount of the fee payable in respect of the current application shall be £440.
(3) Where -
the amount of the fee in respect of the current application shall be £440.
5.
Where, in respect of any category of development specified in Part 2, the fee is to be calculated by reference to the site area -
6.
- (1) In relation to development within category 4, 6 or 11(b) specified in Part 2, the area of gross floor space to be created by the development shall be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or partly) by external walls of a building.
(2) In relation to development within category 4 or 11(b) where the area of gross floor space is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floor space by the figure of 75 shall be treated as being 75 square metres.
(3) In relation to development within category 6 where the area of gross floor space is not an exact multiple of 500 square metres, the area remaining after division of the total number of square metres of gross floor space by the figure of 500 shall be treated as being 500 square metres.
7.
- (1) Where an application or a deemed application relates to development consisting of or including the erection of a building or buildings to be used for residential purposes and for other purposes, the provisions of sub-paragraphs (2) and (3) shall apply for the purpose of calculating the fee.
(2) Subject to sub-paragraph (3) an assessment shall be made of the gross floor space which it is proposed to use for purposes other than residential purposes (in this sub-paragraph referred to as "the non-residential floor space") and the sum payable in respect of the non-residential floor space (calculated in accordance with Part 2) shall be added to the sum payable in respect of the number of dwellinghouses to be created by the development (calculated in accordance with Part II).
(3) Where a building is to contain floor space which it is proposed to use for the purposes of providing common access or common services or facilities for persons occupying or using that building for residential purposes and for persons occupying or using it for non-residential purposes (such floor space being referred to below as "common floor space"), the non-residential floor space shall be assessed, in relation to that building, as including such proportion of the common floor space as the non-residential floor space in the building bears to the gross floor space in the building.
8.
- (1) Subject to the provisions of paragraph 7, where an application or deemed application relates to development which is within more than one of the categories specified in Part 2 -
(2) The fee for development in an area of townscape character or an area of village character which includes demolition of a building shall be calculated by adding together the fee for demolition within category 12 and the fee for any other category of development specified in Part 2.
9.
In the case of a deemed application for planning permission -
Category of development | Fee payable |
1.
All Buildings |
Outline applications £200 for each 0.1 hectare of the site area subject to a maximum of £8,000. |
2.
The erection of dwellinghouses |
Full and Reserved Matters (A) Where the application is for one dwellinghouse only, £550. (B) Where the application is for more than one dwellinghouse, £550 for the first dwellinghouse and £200 for each additional dwellinghouse subject to a maximum of £10,000. |
3.
The extension, improvement or alteration of an existing dwelling house, including the erection of a building or the carrying out of other operations within the curtilage of a dwellinghouse for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of a curtilage of an existing dwellinghouse. |
£225 for each dwelling. |
4.
The erection of industrial, commercial, community and other buildings, other than dwellinghouses or buildings covered by category 2. |
Full and Reserved Matters £200 where no floor space is created or £200 for each 75 sq.m. of floor space subject to a maximum of £10,000. |
5.
The erection, alteration or replacement of plant and machinery including telecommunications/datacommunications equipment and wind farms. |
£200 for each 0.1 hectare of the site area subject to a maximum of £10,000. |
6.
The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes and for agricultural and commercial glasshouses. |
£755 for each 500 sq.m. of floor space subject to a maximum of £10,000. |
7.
The winning and working of peat. |
£150 for each 5 hectares of the site area subject |
to a maximum of £27,000. | |
8.
|
£1,500 for each 0.5 hectare of the site area subject to a maximum of £32,450. |
(b) The carrying out of any operations connected with exploratory drilling for oil or natural gas. |
|
(c) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land or the use of land for the storage of minerals in the open. |
|
(d) The carrying out of any other operation not coming within any of the above categories. |
|
9.
The construction of single level car parks, service roads and other means of access on land used for the purpose of a single undertaking, where the development is required for a purpose incidental to the existing use of the land. |
£200. |
10.
(b) An application to develop land without compliance with a condition subject to which a previous planning permission has been granted. |
£200. |
11.
An application for a material change of use. |
(A) Where the application relates to a dwellinghouse, £550 for the first dwellinghouse and £200 for each additional dwellinghouse. |
(B) For any other change of use, £200 for each 75 sq.m. of floor space. |
|
12.
Demolition in an area of townscape character or an area of village character. |
£50. |
13.
Any other application not falling within categories 1-12. |
£660. |
Category of development | Fee payable |
1.
Presence of hazardous substances on, over or under land. |
(A)
(ii) Where Article 58(1) does not apply and the quantity specified in the application as the maximum quantity proposed to be present exceeds twice the controlled quantity, £340; (iii) In all other cases, £270. |
(B) A fee of £540 shall be payable to the Department in respect of an application for the continuation of hazardous substances consent under Article 60. |
Regulations revoked | References |
Regulation 20 of the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 | S.R. 1993 No. 275 |
Planning (Fees) Regulations (Northern Ireland) 1995 except for Regulation 17 (Fees for Appeals) | S.R. 1995 No. 78 |
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 41 |
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1997 | S.R. 1997 No. 104 |
Planning (Fees) (Amendment) Regulations (Northern Ireland) 1998 | S.R. 1998 No. 223 |
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2001 | S.R. 2001 No. 225 |
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2003 | S.R. 2003 No. 41 |
Planning (Fees) (Amendment No. 2) Regulations (Northern Ireland) 2003 | S.R. 2003 No. 446 |
Planning (Fees) (Amendment) Regulations (Northern Ireland) 2004 | S.R. 2004 No. 102 |
A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from the Department of the Environment, Planning Service Headquarters, Millennium House, 17-25 Great Victoria Street, Belfast BT2 7BN (Tel: 028 9041 6384 or 028 9041 6920) or accessed at http://www.planningni.gov.uk/
[5] 1978 c. 53 as amended by Article 136, Schedule 5 Part II to S.I. 1986/595 (N.I. 4)back